The termination of cooperation with an employee hired under an employment contract must always be concluded with the issuance of an employment certificate. It does not matter what type of employment contract (trial period, fixed-term contract, contract for an indefinite period) the employee signed, or how it was terminated (expiration, termination by the employer or employee). Read the article to the end to learn more about the rules and the deadline for issuing a certificate of employment.
By what date should the employment certificate be issued?
According to the current legislation, the employment certificate must be given to the employee on the date of termination of the employment relationship, that is, on the last day when the employee has the status of an employee. Therefore, it will be:
- the last day of notice – in the case of termination of the employment contract by notice,
- the day of submission of the notice of termination to the employer – when the contract has been terminated without notice,
- the last day of the contract’s validity – when the contract is terminated at the end of the period for which it was concluded,
- the day on which the contract expired – in case the existing contract expires,
- the last day specified in the agreement as the last day of cooperation – when the agreement was terminated by mutual consent of the parties.
Principles and deadline for issuing the certificate of employment – What should the certificate of employment contain?
The regulations indicate specifically what content and where in the employment certificate should be included. A template of the certificate of employment along with instructions on how to fill it out is available on the Internet System of Acts of Employment (ISAP).
- the period or periods of employment,
- the amount of time the employee worked during the employment relationship,
- positions held or functions performed, type of work performed,
- the mode and legal basis of termination or expiration of the contract, and in case of termination of the employment contract by notice – the party of the employment relationship who gave the notice,
- holiday leave to which the employee is entitled in the calendar year in which the employment relationship ceased and the leave taken in that year,
- used unpaid leave and the legal basis for granting it,
- used parental leave and the legal basis for granting it,
- period of performing work in special conditions or in a special nature,
- at the employee’s request, additionally – about the amount and components of remuneration, qualifications obtained and reinstatement of the employee.
Consequences of not issuing the employment certificate on time
The employer is fully liable for not issuing the employment certificate on time. Even one day late can mean that you will receive a financial fine. The law in this case provides for a fine of up to PLN 30,000. For this reason it is not worth ignoring or delaying the issue of a certificate of employment.
