23.05.2023 Labour law

[Poland] Penalties for not issuing an employment certificate according to the new template

As of 23 May 2023, a new template of the employment certificate, specified in the  Ordinance of the Minister of Family and Social Policy of 11 May 2023, is in force. Failure to timely issue this document according to the new template is an offence. What penalty does the employer face for failing to comply with this obligation? 

What additional information must be included in the certificate of employment from 23 May 2023? 

The Ordinance of the Minister of Family and Social Policy of 11 May 2023 made it compulsory to include in the employment certificate information on the number of days used in a calendar year: 

  1. occasional remote work  
  1. care leave 
  1. leave from work due to force majeure 

Learn more here

When and within what period of time must an employer issue an employment certificate to an employee? 

The employer is obliged to draw up and provide the employee with an employment certificate in connection with the termination or expiry of the employment relationship. The employment certificate relates to a period or periods of employment for which no employment certificate has yet been issued. 

The employment certificate is to be issued: 

  • on the day on which the employment relationship is terminated or 
  • within 7 days from the date of termination or expiry of the previous employment relationship, if the employer does not intend to establish another employment relationship with the employee. 

The certificate may be sent to the employee or a person authorised by him/her by post if, for objective reasons, these persons are unable to collect the document within the 7-day period mentioned above. The employer must send it within 7 days of the expiry of this deadline. 

See also: New template of employment certificate from 23 May 2023

Offence liability for failure to issue the new form of employment certificate on time  

Failure to issue an employment certificate within the statutory deadline or failure to issue it in a new form to the employer is punishable by misdemeanour liability. This offence is punishable by a fine from PLN 1,000 to PLN 30,000. A company employee authorised to issue employment certificates may also be subject to this liability. 

The certificate of employment should be adjusted to the new template as soon as possible. The regulations have already come into force, so each time a certificate is issued that does not comply with the new template, it is subject to a fine of up to PLN 30,000. Employers and HR and payroll departments should bear this in mind. 

Legal basis: 

  1. the Act of 26 June 1974 Labour Code (i.e. Journal of Laws of 2022, item 1510, as amended). 
  1. the Ordinance of the Minister of Family and Social Policy of 11 May 2023 amending the Ordinance on the labour certificate (Journal of Laws, item 912). 

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