The certificate of employment (świadectwo pracy) is the fundamental document summarising the period of employment with a given employer. It is of significance both for one’s future career and, for example, for pension entitlements.
What is a certificate of employment?
Upon the termination of an employment relationship, an employer is obliged to issue the employee with a certificate of employment. This document contains key information regarding one’s employment, which is material both from the perspective of a future employer (both in terms of assessing one’s candidacy and, for instance, matters of annual leave) and of bodies such as the Social Insurance Institution (Zakład Ubezpieczeń Społecznych) — in the event of disputes concerning one’s future pension, the certificate of employment (and the information contained therein) may constitute crucial evidence.
What information does a certificate of employment contain?
In accordance with the Labour Code (art. 92 § 2), a certificate of employment contains information regarding the period of employment, the type of work performed, the positions held, the mode of termination of the employment relationship (or the circumstances of its expiry), as well as other information material to one’s entitlements as an employee. Importantly, the certificate also includes details of any attachment of remuneration for the purposes of enforcement proceedings. The certificate may additionally contain information regarding the level of remuneration received and qualifications obtained, provided the employee so requests.
The detailed form and content of the certificate of employment is governed by secondary legislation — currently the Rozporządzenie Ministra Rodziny, Pracy i Polityki Społecznej z 30 grudnia 2016 r. w sprawie świadectwa pracy.
When should I receive my certificate of employment?
As a general rule, the certificate should be issued on the final day of employment (i.e. upon the termination of the employment relationship). Where this is not possible, the employer dispatches the certificate by post within 7 days, or delivers it by other means. Exceeding this deadline may carry consequences for the employer, including both an obligation to pay compensation and a fine for a regulatory offence.
In the event of delays, one may also apply to the Court seeking an order requiring the employer to issue the certificate of employment.
May I apply to have it amended?
Within 14 days of receiving the certificate of employment, one may request its rectification. Such a request is submitted in the first instance to the employer, and, should it not be granted, the matter may be pursued through the courts.