Issuing employment certificates
If the period of employment of a worker is terminated (irrespective of the type of employment contract) and you do not intend to hire him again within 7 days, you must immediately give the employee an employment certificate. However, if you hire the employee again within 7 days from the end of the period of employment, you issue a certificate of employment only if the worker submits appropriate application (in paper or electronic form). If the worker does not submit an application, you issue a certificate only after termination of cooperation with the employee
The employee may submit such an application at any time and ask for the issuance of an employment certificate relating to previous period of employment or all periods of employment for which he has not yet obtained employment certificates.
Certificate of employment may not be made conditional upon a prior settlement of your worker with you.
At the worker's request, the certificate must also give information on the amount and components of the remuneration and the obtained qualification.
The employee may within 7 days of receipt of the certificate of employment, seek the rectification of the certificate. In the event of rejection of a staff member's application, he shall be entitled within 7 days from the notification of the refusal of rectification of work certificate, to the right to request its rectification to the Labour Court.
If according to the judgment of the Labour Court, termination of an employment contract without notice was in breach of the provisions on termination of the contracts of employment, you are obliged to include in the certificate information that the termination of employment contract was attributable to you.
The employee shall be entitled to claim for the damage caused by the employer as a result of a failure to issue within the time limit or issue improper employment certificate. Compensation shall be equal to remuneration for the time spent out of work for this reason, but not for more than 6 weeks.
If you are an employer, depending on the judgement of the court you have 7 days to:
- transfer to an employee the amended or supplemented employment certificate after the recognition by the court of employee's action for rectification;
- complete the certificate of employment from the moment of submitting it by the employee once a final decision has been issued by the court to reinstate to work or award damages for wrongful termination of a contract of employment;
- issue a new certificate of employment from the day of the conclusion or approval of settlement by the court;
- receive a certificate from a worker in order to supplement it by the information on court's statement on compensation for you and in the event of unjustified termination by the employee of the contract of employment without notice. If the employee does not do so, you can call for the submission of the certificate within 7 days.
You can send a revised or new certificate of employment by post or hand it in other way than directly, if it is not possible to forward it to the worker personally.
An employer who is a temporary employment agency must include in the certificate issued to a temporary worker information on each of the employer for whom a temporary agency worker has completed periods of work - indicating periods of temporary work.
How should the correct employment certificate look like
If you don't know how should properly issued certificate of employment look like, you can find a template in the Regulation on employment certificates. In addition, it also includes guidelines for completing the certificates. The Regulation defines in detail the content of the certificate and the method and procedure for issuing certificates and the manner and mode of amendment and completing the certificate