Employment Certificates Employee Rights
From April 24, 2023, employees have the right to:
- Leave from work due to force majeure - up to 2 days or 16 hours per calendar year.
- Caregiving leave - up to 5 days per calendar year.
These provisions were added to the employment certificate based on the regulation announced on May 15, 2023.
Employment Certificates
According to the regulation, in section 6 of the employment certificate, the previous employer must indicate:
- In item 1: Information on the number of days or hours of leave due to force majeure as per Article 148^1 § 1 of the Labor Code (leave due to force majeure) used in the calendar year in which the employment relationship ended.
- In item 3: Information on the number of days of caregiving leave used in the calendar year in which the employment relationship ended.
- In item 10: Information on the number of days of occasional remote work as per Article 67^33 § 1 of the Labor Code (occasional remote work) in the calendar year in which the employment relationship ended.
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.