Employment Certificate - Important Changes Effective May 23, 2023

Publication Date: 15.03.2024

Adrianna Kucharska
Supervisor of HR and Payroll Projects at PKF BPO

On May 23, 2023, a new regulation regarding the employment certificate was introduced. The content of the employment certificate has changed to include information about the use of work leave due to force majeure, caregiving leave, and occasional remote work within the given year. Since April 7, 2023, employees have been entitled to 24 days of occasional remote work per calendar year. This annual quota means that in the event of a job change, the new employer should be informed about the number of remote work days used at the previous employer.

Consequences

What consequences might you face for failing to issue the employment certificate on time? If an employee suffers damage due to the untimely issuance or issuance of an incorrect employment certificate, especially if they cannot start new employment, they are entitled to compensation under Article 98 § 1 of the Labor Code.

In such a situation, the employee can seek redress from the employer under Article 471 of the Civil Code in connection with Article 300 of the Labor Code for the damage caused by the failure to issue or the issuance of an incorrect employment certificate (Article 99 § 1, § 2 of the Labor Code). It's worth noting that the damage may also relate to lost earnings due to being without a job.

In this case, compensation for the employee will be equal to the salary for the period of being without work for this reason, but no longer than 6 weeks.

Remember, the employee can request the employer to correct the employment certificate within 14 days of receiving it (Article 97 § 2^1 of the Labor Code). If the employee's request is accepted, the employer must issue a new employment certificate within this timeframe.

In the era of rapidly changing labor law regulations and executive orders, leveraging the expertise of specialists who stay current with the law can protect you from potential adverse consequences.

At PKF Poland, we keep up with labor law regulations. For 30 years, we have been supporting companies with HR and payroll services. By outsourcing tasks to external specialists, employers relieve their staff and gain a broader perspective on the problems within their company.

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Employment Certificate - Important Changes Effective May 23, 2023

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