What is Świadectwo pracy?
To obtain and record work experience in Poland, "Świadectwo pracy" is used, instead of the "Labor books" we are used to.
The main obligation of issuing Świadectwo pracy is to terminate or terminate the employment relationship between the employee and the employer's firm.
The obligation to issue a labor certificate to an employee is regulated by the Labor Code: Articles 97 and 99.
When is the employer obligated to issue a Świadectwo pracy to an employee?
This document must be issued to the employee on the day of termination or expiration of the employment relationship. We are talking specifically about labor relations: umowa o pracę.
If the employer is unable to issue a wiadectwo pracy to an employee, then the wiadectwo pracy must be mailed or otherwise. The employer has 7 days for this from the date of the employee's dismissal.
Re-employment of an employee
An employer who intends to sign an employment contract with the same person within 7 days from the date of termination or expiration of the previous employment relationship is released from the obligation to issue a Świadectwo pracy.
In the event of a break in work that lasts more than 7 days, the employer is obliged to issue a Świadectwo pracy.
However, if the employer decides to re-establish the employment relationship with the employee within 7 days, then the obligation to issue a Świadectwo pracy depends on the employee's application. The application can be submitted in paper or electronic form. On the other hand, the employer has 7 days from the date of submission of the application and the issuance of this document to the employee.
The issuance of a Świadectwo pracy in the event of termination or expiration of an employment relationship is one of the main obligations of the employer. In case of failure to fulfill these obligations, a fine is taxed. In addition, the employee can apply for compensation if he has suffered damage as a result of late delivery or the issuance of a Świadectwo pracy with false information. Compensation can be paid in the amount of the salary. The size of the salary depends on the time the employee is out of work, due to the failure to provide the specified certificate. This period should be no more than 6 weeks.
According to the provisions of the Penal Code, not issuing Świadectwo pracy is a crime for which the employer is criminally liable.