Polish labor law dictates employers are liable for damages if an incorrect or missing employment certificate hinders a former employee’s job search.
Employer Obligation to Issue Certificate
Employers are legally required to issue an employment certificate on the day employment ends. This is the general rule.
If issuing the certificate on time is objectively impossible, the employer must send it to the employee (or their authorized representative) within 7 days. The certificate covers all periods of employment for which one hasn’t already been issued.
Exceptions to the Issuance Rule
An employer is not obligated to issue a certificate if they enter into a new employment relationship with the same employee within 7 days of the previous one ending. However, they must do so if the employee submits a written or electronic request.
This request can be made at any time and can cover the previous employment period or all uncertified periods of employment. Upon receiving such a request, the employer has 7 days to issue the certificate.
Certificate Issuance Cannot Be Conditional
Issuing an employment certificate cannot be contingent on the employee settling accounts with the employer. This applies regardless of whether the employee has returned company property or submitted a handover note.
Employers cannot justify withholding the certificate by claiming the employee hasn’t fulfilled departure obligations.
Certificate for Deceased Employees
Employers must also prepare an employment certificate for deceased employees. It is included in the employee’s personal file.
Upon request from a spouse, eligible family member for survivor benefits, or an heir, the employer must issue the certificate within 7 days.
Required Information in the Certificate
The employment certificate must include details about the employment relationship.
It must also mention any wage garnishments as per enforcement regulations. Upon request, the certificate must also state the employee’s salary components, qualifications, and any other relevant information.
Correcting Errors in the Certificate
If an employee discovers an error, they can request a correction from the employer within 14 days of receiving the certificate.
If the employer refuses, the employee can seek a court order for correction within another 14 days. An employee can also go to court if the employer doesn’t respond to the correction request.
When Must the Employer Amend the Certificate?
An employer must amend the certificate if ordered to do so by a court.
Specifically, if a court determines that a dismissal without cause was unlawful, the employer must include a statement in the certificate indicating the dismissal was by employer notice.
What if the Employer Doesn’t Issue the Certificate?
Employees can petition a labor court to compel the employer to issue the certificate. If the employer is defunct or cannot be sued, the employee can request a court ruling confirming their right to receive the certificate.
Employer Liability for Incorrect Certificates
Employees can claim damages from the employer for harm caused by a late or incorrect certificate. This could include lost job opportunities due to inability to prove employment history.
Compensation is limited to six weeks’ wages. A ruling on damages serves as grounds for correcting the certificate.
Significance of the Certificate for Future Employers
It’s important to note that an employment certificate is not an official document. It lacks the evidentiary weight of documents issued by public authorities.
Evidence contradicting the certificate’s statements can be presented at any time, even after the correction period has expired, through other means like witness testimony. The certificate’s content is subject to verification.
Multiple Compensation Claims Possible?
Yes, an employee can receive compensation both for damages caused by an incorrect certificate and for unlawful dismissal. This applies when a disciplinary action is later deemed unjustified, requiring the original certificate to be considered incorrect.
However, compensation for lost wages due to the incorrect certificate is limited to the amount not already covered by the unlawful dismissal compensation.
