Regulation Of The Minister Of Labour And Social Policy Of 28 May 1996 On The Scope Of Conduct By Employers Documentation In Matters Relating To The Employment Relationship, And How To Keep Personal Records Of The Employee

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SOCJALNEJ z dnia 28 maja 1996 r. w sprawie zakresu prowadzenia przez pracodawców dokumentacji w sprawach związanych ze stosunkiem pracy oraz sposobu prowadzenia akt osobowych pracownika

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On the basis of article. 2981 labour code are managed as follows: Chapter 1 document the work by the employee § 1. [Documents required from an applicant for employment] 1. An employer may require from the applicant for employment the submission of the following documents: 1) the personal questionnaire for people seeking employment, 2) certificates work from previous jobs or other evidence of periods of employment, including periods of work per calendar year, where the employee is seeking employment, 3) evidence of professional qualifications required to perform the offered work, 4) diploma high school-in the case of a person seeking employment to apprenticeships 5) medical stating the lack of contraindications to work on a specific position, 6) other documents, if the obligation to submit results from separate regulations.

2. Applicants for employment can submit documents proving their skills and professional achievements, certificates of work from previous jobs or other evidence of periods of employment, including periods of work that falls within another calendar year than the year in which the employee is seeking employment, and documents which form the basis for the use of the specific powers in the field of employment.

2A. The secondary pattern personal questionnaire for applicant for employment is given in annex 1 to the regulation.

2B. The employer may request the employee submit the questionnaire of the passenger in the cases referred to in article 1. 221 section 2 of the labour code.

3. the employer holds in the staff member's personal file copies or copies of the documents submitted. The employer may require the employee to submit the originals of these documents only to inspect or produce their copies or copies.

4. Auxiliary outline questionnaire for passenger is given in annex No 1a to the regulation.

§ 2. 1. the employer shall draw up a contract of employment at least in duplicate, one of which shall be served on the employee, and the other turns to his personal file.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to the written confirmation by the employer of a contract of employment concluded with the employee and the terms of this agreement. This confirmation shall be served on the employee for written acknowledgement.

3. Secondary pattern of employment contracts is given in annex 2 to the regulation.

§ 3. The employer before the employee to work obtains its written confirmation read the regulations work, and in the case referred to in article. 29 § 3 of the labour code – with the information referred to in that provision, and with the provisions and the rules on health and safety at work, with the scope of confidential information set out in the applicable laws for the agreed with the employee the nature of the work, as well as with the notice referred to in article 2. 150 of the labour code.

§ 4. If necessary, the employer in connection with employment of the employee shall issue a business card, pass or other document authorizing an employee to remain on the premises of the work or the things you do business outside.

§ 5. If a certificate of work submitted by the employee includes mention of the occupation of remuneration for work, the employer shall notify the employment such employee the bailiff conducting the enforcement proceedings and the employer that issued the certificate (article 884 § 3 of the code of civil procedure).



Chapter 2 Keeping personal files and documentation on matters related to the employment relationship of § 6. [The personal file] 1. the employer shall assume and maintain a separate for each employee personal file.

2. the employee's personal file consists of 3 parts and include: 1) part A-documents collected in connection with applying for employment referred to in the provisions of § 1 para. 1 and 2;

2) in part B-documents relating to establish an employment relationship and the course of the employment, including: a) a contract of employment, (a) if the contract has not been concluded in writing, confirmation of the findings as to the type of contract and its terms and conditions, as well as the scope of the acts (duties), if the employer in the form of specified employee arising from a contract of employment, aa) documents relating to the performance of work in the form of telework , b) written confirmation read by an employee and the information referred to in § 3, and a certificate of completion of the required training in occupational safety and health, (c)), which is the child's parent or guardian employee statement of their intention or the absence of intention to use the powers laid down in the provisions referred to in article 1. Labour Code, 1891 d) documents concerning the entrustment to an employee of property with the obligation to return or to enumerate, e) documents related to raising employee qualifications, f) statements concerning the termination of the employee the terms of the contract of employment or change these terms in another mode, g) documents relating to the granting of employee rewards or awards and punishment ordinal, h) documents related to the use by an employee of the maternity leave leave, under the terms of maternity leave, parental leave, paternity leave and parental leave, ha) documents related to the reduction of working hours, in the case referred to in article. 1867 of the labour code, hb) documents related to the use by an employee with unpaid leave, and) medical issued in connection with the periodic inspection and tests carried out, j) non-competition agreement, if the parties have entered into such an agreement in the period remain in an employment relationship, I) applications concerning the determination of the distribution of individual employee's working time (article 142 of the labour code), the application to it of the system of reduced work week (article 143 of the labour code) as well as applying to him the system of working time, in which the work is provided only on Fridays, Saturdays, Sundays and public holidays (article 144 of the labour code), jb) request the employee to inform the competent labour inspector of the employment of employees working at night and a copy of the information on the matter to the competent labour inspector, k) correspondence from representing the employee works Union Organisation in all matters of employment that require interaction with the employer organization or other entities konsultującymi case with the employment relationship , ka) (repealed), l) information about the exercise by an employee of the General obligation to defend;

3) in part C-documents related to the termination of employment, including: a) a statement of denunciation or termination of a contract of employment, aa) concerning the request for the issue of a certificate of work (article 97 § 11 labour code) and the non-payment of the employee cash payment for annual leave (art. 171 § 3 of the labour code), (b)) a copy of the issued certificate to the employee work, c) confirmation of the seizure of remuneration for work in connection with the enforcement proceedings (article 884 § 2 of the code of civil procedure) , d) non-competition agreement upon termination of the employment relationship, if the parties have entered into such an agreement, e) medical reports issued in connection with the periodic tests carried out after the dissolution of the employment relationship.

3. Documents that are located in different parts of the personal file should be arranged in chronological order and numbered; each of these parts should contain the full list of their documents.

4. Secondary patterns of letters about claims the employer of termination of the contract of employment, termination of the employment contract and termination of employment without notice form attachments # 3-6 to the regulation.

§ 7. The employer keeps records on suspected occupational diseases, occupational diseases, accidents at work and accidents on the way to and from work, as well as the benefits associated with these diseases and accidents.

§ 8. The employer assumes and leads separately for each employee: 1) the records of working time in the field including: working in different days, including working on Sundays and public holidays, at night, overtime and non-working days arising from the working time in an average of five days per week, as well as duty, holidays, exemptions and other excused and Unexcused absence at work; in relation to juvenile employees the employer shall take into account in the records of the time of their work with the work of the wzbronionych adolescents, whose practice is allowed in order to serve their apprenticeships, 2) holds the card (a list of) paid remuneration for work and other work-related benefits, 3) tab is based on the allocation of clothing and footwear and personal protective equipment, as well as the payment of a cash payment for the use of their own clothing and footwear and their washing and maintenance.

§ 8a. Employee time record card attaches to his requests for time off from work in Exchange for time worked overtime.


§ 9. In the situation referred to in article 1. 231 of the labour code or in separate legislation providing for a legal succession the new employer in labor relations established by the previous employer, the employer is obliged to pass on the personal file of the employee and other documentation in matters related to his employment relationship to the transferee employer of that employee.

§ 10. The provisions of the regulation concerning the documentation in matters relating to the employment relationship, and how to keep personal records of employees working under a contract of employment shall apply mutatis mutandis in the event of establishing an employment relationship on the basis of other acts than a contract of employment, subject to the special features arising from such acts.



Chapter 3 transitional and final provisions § 11. [Deadline documentation] During the period of 6 months from the date of entry into force of the regulation, the employer shall adapt led documentation in matters relating to the employment relationship and personal file employees to the provisions of this regulation.

§ 12. The regulation shall enter into force on 2 June 1996.

 

Annex 1. [PASSENGER QUESTIONNAIRE FOR APPLICANT FOR EMPLOYMENT]

The annexes to regulation of the Minister of labour and social policy of 28 May 1996 (. 286) Appendix 1 QUESTIONNAIRE BED for PEOPLE seeking EMPLOYMENT Annex 1a. [Passenger Questionnaire for employee]

Annex No 1a PASSENGER QUESTIONNAIRE for Annex 2. [MODEL – CONTRACT OF EMPLOYMENT]

Appendix 2 model – contract of employment [1] Annex 3. [TERMINATION BY NOTICE *]

Załącznik nr 3

..................................... ........ .....................................

(the seal of the nagłówkowa of the employer) (place and date)

Termination by NOTICE of You (Madam)............................................................................................................................

(imię i nazwisko)

.............................................. ................

I solve with Mr. (Ms.) employment contract concluded on....................................................................................................... the notice period that elapses on...................................

(indicate the duration of the period of notice)

Przyczyną wypowiedzenia umowy o pracę jest ...................................................... ...................................

..................................... ...................................................... ...................................................... ........................

At the same time, to inform you that, within 7 days from the date of service of this letter you have (Mrs.) the right to appeal to the District Court-Labour Court.................................................

(the seat of the Court)

Before the expiry of that period you may request you to initiate the conciliation procedure before the Conciliation Commission * *........................................................................................................................

(siedziba komisji)

..................................... ................... ............................................... ..................

(confirmation of receipt by the employee (the signature of the employer or person representing the-date and signature) the employer or the person authorized to submit claims on behalf of your employer) * applies to employment contracts concluded for the time not specified.

** Applies to employers, in which the Conciliation Commission was created.

 

Annex 4. [TERMINATION OF EMPLOYMENT WITH THE USE OF A REDUCED PERIOD OF NOTICE *]

Załącznik nr 4

..................................... .............. ..........................................

(the seal of the nagłówkowa of the employer) (place and date)..................................

(the number of REGON-EKD)

Termination of employment with the use of a REDUCED PERIOD of NOTICE * Mr. (Ms.)............................................................................................................................

(imię i nazwisko)

.............................................. ................

I solve with Mr. (Ms.) employment contract concluded on......................................., using a reduced period of notice, which is..........................................................................................

(indicate the length of the notice period applied, on the basis of article 361 § 1 k.p.)

i upłynie w dniu ...................................................... ...................................................... ..................................

Przyczyną wypowiedzenia umowy o pracę jest ...................................................... ..................................

..................................... ...................................................... ...................................................... ........................

At the same time, to inform you that, within 7 days from the date of service of this letter you have (Mrs.) the right to appeal to the District Court-Labour Court...................................................

(the seat of the Court)

Before the expiry of that period you may request you to initiate the conciliation procedure before the Conciliation Commission * *..............................................................................................

(siedziba komisji)

..................................... ................... ............................................... ..................

(confirmation of receipt by the employee (the signature of the employer or person representing the-date and signature) the employer or the person authorized to submit claims on behalf of your employer) * applies to employment contracts concluded for the time not specified.

** Applies to employers, in which the Conciliation Commission was created.

 

Appendix 5. [TERMINATION OF THE EMPLOYMENT CONTRACT *]

Załącznik nr 5

..................................... .............. ..........................................

(the seal of the nagłówkowa of the employer) (place and date)..................................

(the number of REGON-EKD)

TERMINATION of the employment contract of Mr. (Ms.)............................................................................................................................

(imię i nazwisko)

.............................................. ................

Speak Lord (Mrs.) employment contract concluded on.......................................... in the part concerning.........................................................................................................................................................................

(indicate the provisions of the employment contract terminable) with............................................... the notice period that elapses on.......................

(indicate the duration of the period of notice)

The cause of the termination of the existing terms of the contract of employment is...................................................................................................................................................................................................................

After the end of the period of notice. od dnia ..............................proponuję następujące, nowe warunki umowy o pracę :..................................................... ...................................................... ....................................

..................................... ...................................................... ...................................................... ........................

Other terms of the employment contract are not affected.

If you (Madam) before the end of the half of the period of notice. until.................. don't submit a declaration of refusal to accept new terms of employment, it will be, you consent to the proposed amendment to the terms of the agreement.

In the event of a refusal by the Lord (Lady) of the proposed terms of the contract of employment, contract solve at the end of the period of notice. z dniem ...................................................... ...................

At the same time, to inform you that, within 7 days from the date of service of this letter you have (Mrs.) the right to appeal to the District Court-Labour Court.....................................................

(the seat of the Court)

Before the expiry of that period you may request you to initiate the conciliation procedure before the Conciliation Commission * *..............................................................................................

(siedziba komisji)

..................................... ................... ............................................... ..................

(confirmation of receipt by the employee (the signature of the employer or person representing the-date and signature) the employer or the person authorized to submit claims on behalf of your employer) * applies to employment contracts concluded for the time not specified.

** Applies to employers, in which the Conciliation Commission was created.

 

Annex 6. [TERMINATION OF EMPLOYMENT WITHOUT NOTICE]

Załącznik nr 6

..................................... .............. ..........................................

(the seal of the nagłówkowa of the employer) (place and date)..................................

(the number of REGON-EKD)

Termination of employment without NOTICE to You (Madam)


.............................................. ................

.............................................. ................

(imię i nazwisko)

.............................................. ................

On the day of.................................... I solve with Mr. (Ms.) without notice employment contract concluded on................................... because.........................................................................................................................................................................................................................................

(indicate the reason for and the legal basis for the termination of employment)

At the same time, to inform you that within 14 days from the date of service of this letter you have (Mrs.) the right to appeal to the District Court-Labour Court................................................

(the seat of the Court)

Before the expiry of that period you may request you to initiate the conciliation procedure before the Conciliation Commission *................................................................................................

(siedziba komisji)

..................................... ................... ............................................... ..................

(confirmation of receipt by the employee (the signature of the employer or person representing the-date and signature) the employer or the person authorized to submit claims on behalf of your employer) * applies to employers, in which the Conciliation Commission was created.

[1] Annex 2 in the version set by § 1 paragraph 2 of the regulation of the Minister of labour and social policy of 10 November 2015. amending Regulation on the scope of conduct by employers documentation in matters relating to the employment relationship, and how to keep personal records of an employee (OJ. 2005). The change went into effect February 22, 2016.

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