Key Benefits:
REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY
of 28 May 1996
on the scope of the management of documentation by employers in relation to the employment relationship and the manner in which the employee's personal files are carried out
On the basis of art. 298 1 The Labour Code shall be managed as follows:
Chapter 1
Documenting work to be taken by the employee
§ 1. [ Documents required from the person applying for employment] 1. The employer may require the person applying for employment to submit the following documents:
1) a completed personal questionnaire for the person applying for employment,
2) certificates of work from previous jobs or other documents confirming the periods of employment, covering periods of work falling within the calendar year in which the employee applies for employment,
3) documents confirming the professional qualifications, required for the performance of the offered work,
4) the certificate of completion of the gymnasium-in the case of the person applying for employment for the professional preparation,
5) a medical certificate stating that there are no contraindications to work in a particular post,
6) other documents, if the obligation to submit them is due to separate provisions.
2. The person applying for employment may additionally submit documents confirming her skills and professional achievements, work certificates from previous workplaces or other documents confirming periods of employment, covering the periods of work in a calendar year other than the year in which the staff member applies for employment and the documents giving rise to the exercise of the specific rights of employment.
2a. An auxiliary specimen of the personal questionnaire for the applicant for employment is set out in Annex 1 to the Regulation.
2b. The employer may request the employee to submit a personal questionnaire in the cases referred to in art. 22 1 § 2 of the Labour Code.
3. The employer shall store copies of documents or copies of documents in personal files. The employer may require the employee to submit the originals of these documents only for inspection or for the preparation of their copies or copies.
4. The auxiliary specimen of the personal questionnaire for the employee is Annex 1a to the Regulation.
§ 2. 1. The employer shall draw up a contract of employment at least in two mond-sounding copies, one of which shall be served by the employee and the other shall include in his personal file.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the written confirmation by the employer of the type of employment contract concluded with the employee and the terms of that contract. That acknowledgement shall be served on the staff member with a written acknowledgement of receipt.
3. The auxiliary model of the contract of employment is set out in Annex No 2 to the Regulation.
§ 3. The employer shall, prior to the employee's admission to work, obtain his written confirmation of the contents of the Staff Regulations and, in the case referred to in Article 4, of the Rules of Procedure. 29 § 3 of the Labour Code-with the information referred to in that provision, and with the regulations and rules on occupational health and safety, with the scope of information covered by the secrecy set out in the applicable laws for an appointment with the employee the type of work, as well as with the notice referred to in art. 150 Labour Code.
§ 4. Where appropriate, the employer shall, in connection with the employment of the staff member, issue a service card, a permit or other document authorising the employee to be present at the premises of the establishment or arrange for business outside the establishment.
§ 5. If the certificate of work submitted by the employee contains a mention of the occupation of remuneration for the work, the employer shall notify the employer of such staff member conducting the enforcement proceedings and the employer who issued the certificate (Art. 884 § 3 of the Code of Civil Procedure).
Chapter 2
Conduct of personal files and documentation on matters relating to the relationship of work
§ 6. [ Personal Record] 1. The employer assumes and conducts separate personal files for each employee.
2. The employee's personal records shall consist of 3 parts and include:
1) in Part A-documents collected in connection with the application for employment referred to in the provisions of § 1 paragraph. 1 and 2;
2. in Part B, the documents relating to the establishment of the employment relationship and the course of employment of the staff member, including:
(a) a contract of employment and, if the contract has not been concluded in writing, a confirmation of the arrangements for the type of contract and the terms of the contract, and the scope of the tasks (the scope of the duties), if the employer in this form specified the tasks of the contract worker as a result of the employment contracts,
a a ) documents relating to the implementation of work in the form of telework,
(b) a written confirmation of the worker's familiarius with the provisions and information referred to in § 3 and the attestationof the completion of the required safety and health training,
(c) a statement by the staff member who is the parent or guardian of the child of his intention or of the absence of any intention to exercise the powers laid down in the provisions referred to in Article 189 1 Labour Code,
(d) documents relating to the assignment of a property to a staff member with a duty to return or to calculate,
(e) documents relating to the employee's raising of professional qualifications,
(f) statements concerning the termination of employment of a staff member, or amendment of those conditions in another mode,
(g) documents relating to the awarding of the employee of the award or to the distinction and the enforcement of the ordinal penalty,
(h) documents relating to the use of a worker on maternity leave, leave on the terms of maternity leave, parental leave, paternity leave and parental leave,
h a ) documents relating to the reduction of working time, in the case referred to in art. 186 7 Labour Code,
h b ) documents relating to the use of a staff member from free leave,
(i) medical certificates issued in connection with periodic and inspection tests,
(j) a non-competition agreement where the parties have entered into such a contract during the period of stay in relation to the employment,
j a ) applications of the employee concerning the determination of the individual distribution of his working time (art. 142 of the Labour Code), applying to it a system of short work week (Art. 143 of the Labour Code), as well as applying to it a working time system, in which the work is provided exclusively on Fridays, Saturdays, Sundays and holidays (art. 144 Labour Code),
j b ) an application of the employee to inform the competent labour inspector about the recruitment of employees working at night and a copy of the information in this case addressed to the competent labour inspector,
(k) correspondence with the representative of the employee of the establishment of the union in all matters of employment relationship requiring the employer's interaction with the organisation or other bodies consulted on the employment relationship,
C a ) (repealed),
(l) information on the exercise of the general obligation of defence by an employee;
3. in Part C, the documents relating to the establishment of employment, including:
(a) a statement of termination or termination of a contract of employment,
a a ) concerning the request to issue a certificate of work (Art. § 97 § 1 1 labour code) and associated with the failure to pay the employee cash equivalent for holiday leave (Art. 171 § 3 of the Labour Code),
(b) a copy of the employee of the work certificate
(c) confirmation of the operation of the remuneration for the work carried out in connection with the enforcement proceedings (Art. 884 § 2 of the Code of Civil Procedure),
(d) a non-competition agreement after termination of the employment relationship, where the parties have concluded such a contract,
(e) medical certificates issued in connection with periodic examinations after termination of the employment relationship.
3. Documents contained in individual parts of the personal file should be arranged in chronological order and numbered; each of these parts should contain a complete list of the documents contained therein.
4. The auxiliary models of the letters concerning the statements of the employer of termination of the contract of employment, termination of the terms of the contract of employment and termination of the contract of employment without notice constitute annexes 3-6 of the regulation.
§ 7. The employer shall keep records on suspicion of occupational diseases, occupational diseases, accidents at work and accidents on the way to work and from work, as well as the benefits associated with these diseases and accidents.
§ 8. The employer assumes and conducts separately for each employee:
1) the timesheet of working time in the area of: work on a daily basis, including work on Sunday and holidays, overtime, overtime and holidays resulting from the distribution of working time in an average five-day period working week, as well as on-call work, leave, dismissal and other justifiable and unjustified absences at work; in relation to young workers, the employer shall also include in the records the time of their work in the work of the defended. of juvenile, whose performance is permitted in order to prepare for professional,
2) a registered card (list) of paid pay for the work and other benefits associated with the work,
3) a record sheet for the assignment of clothing and work footwear and personal protective equipment, as well as payment of the cash equivalent for the use of their own clothing and footwear and their washing and maintenance.
§ 8a. The timesheet of a staff member shall be accompanied by his requests for time-free in exchange for the time worked in overtime.
§ 9. In the situation referred to in Article 23 1 The labour code or in separate provisions providing for the legal succession of a new employer in the employment relationship established by the previous employer, the existing employer is obliged to transfer the employee's personal files and the remaining documentation on the matters relating to his/her work relationship to the employer of the employee.
§ 10. The provisions of the Regulation concerning the documentation on matters relating to the employment relationship and the manner in which the personal files of staff employed under the employment contract are to be carried out shall apply mutatis mutandis where the employment relationship is established on the basis of the other acts than the contract of employment, subject to the distinctiveness resulting from those acts.
Chapter 3
Transitional and final provisions
§ 11. [ Date of adaptation of the dossier] Within 6 months of the date of entry into force of the Regulation, the employer shall adapt the records kept in matters relating to the employment relationship and the personnel files of the employees to the provisions of that Regulation.
§ 12. This Regulation shall enter into force on 2 June 1996.
Annex 1. [ PERSONAL QUESTIONNAIRE FOR THE APPLICANT FOR EMPLOYMENT]
Annexes to the Regulation of the Minister of Labour and Policy
Social of 28 May 1996 (pos. 286)
Annex No 1
PERSONAL QUESTIONNAIRE FOR THE APPLICANT FOR EMPLOYMENT
Annex 1a. [ Employee Questionnaire for Employee]
Annex No 1a
EMPLOYEE QUESTIONNAIRE FOR EMPLOYEE
Annex 2. [ MODEL-EMPLOYMENT CONTRACT]
Annex No 2
MODEL -THE CONTRACT OF EMPLOYMENT [ 1]
Annex 3. [ TERMINATION OF TERMINATION OF EMPLOYMENT CONTRACT *]
Annex No 3
.................... .................... .................... ....................
(employer's header stamp) (locality and date)
TERMINATION OF THE EMPLOYMENT CONTRACT *
Pan (Lady)
................................ ................ ................
................................ ................ ................
(full name)
................................ ................ ................
I am solving the work contract concluded on the day...................
.................... ......................... the period of notice which shall end on the date of the application of the
(indicate length of notice period)
The reason for the termination of the employment contract is .......................................................
.................... .................... .................... .................... ....................
At the same time, I would like to inform you that, within 7 days from the date of notification of this letter, you have the right to lodge an appeal before the District Court of the Court of First Instance..........
(seat of the court)
Before the expiry of that period, you may request a conciliation procedure before the Conciliation Committee.....................................
(Commission headquarters)
.................... .................... .................... .................... ....................
(acknowledgement of receipt by the employee (signature of the employer or of the person representing
-date and signature) of the employer or of the person empowered to make statements on behalf of the employer)
* This is applicable to a contract for a non-specified period of time.
** Applicable to the employer for which the conciliation committee was established.
Annex 4. [ TERMINATION OF EMPLOYMENT CONTRACT USING SHORT NOTICE PERIOD *]
Annex No 4
.................... ................ ................ ................
(employer's header stamp) (locality and date)
..................................
(REGON-EKD number)
TERMINATION OF THE EMPLOYMENT CONTRACT USING A SHORT NOTICE PERIOD *
Pan (Lady)
................................ ................ ................
................................ ................ ................
(full name)
................................ ................ ................
I am solving the work contract concluded on the day......................................
(indicate the length of the period of notice used
based on art. 36 1 § 1 k.p.)
and will end on the day................
The reason for the termination of the employment contract is .......................................................
.................... .................... .................... .................... ....................
At the same time, I would like to inform you that, within seven days of the date of notification of this letter, you have the right to lodge an appeal before the District Court of the Court of First Instance in the Court of Justice.
(seat of the court)
Before the expiry of that period, you may request the initiation of conciliation before the Conciliation Committee * *.............................
(Commission headquarters)
.................... .................... .................... .................... ....................
(acknowledgement of receipt by the employee (signature of the employer or of the person representing
-date and signature) of the employer or of the person empowered to make statements on behalf of the employer)
* This is applicable to a contract for a non-specified period of time.
** Applicable to the employer for which the conciliation committee was established.
Annex 5. [ TERMINATION OF THE TERMS OF THE EMPLOYMENT CONTRACT *]
Annex No 5
.................... ................ ................ ................
(employer's header stamp) (locality and date)
..................................
(REGON-EKD number)
TERMINATION OF THE TERMS AND CONDITIONS OF THE EMPLOYMENT CONTRACT *
Pan (Lady)
................................ ................ ................
................................ ................ ................
(full name)
................................ ................ ................
I am speaking to you about the work agreement concluded on the day..............
.................... .................... .................... .................... ....................
(indicate the provisions of the contract of dismissable work)
with the observation........................... of the period of notice which shall end on the day......
(indicate length of notice period)
The reason for termination of the existing terms of the employment contract is....
.................... .................... .................... .................... ....................
After the expiry of the period of notice, i.e. from the date.................................
.................... .................... .................... .................... ....................
The other terms of the employment contract do not change.
If you (Madam) before the end of the half of the period of notice, i.e. by the day.............................................
If you refuse to accept the terms of the employment contract proposed by you (Ms), the agreement will be terminated at the end of the period of notice, i.e. of the day ......................................................
At the same time, I would like to inform you that, within seven days of the date of notification of this letter, you have the right to lodge an appeal before the District Court of the Court of First Instance...........
(seat of the court)
Before the expiry of that period, you may request the initiation of conciliation before the Conciliation Committee * *.............................
(Commission headquarters)
.................... .................... .................... .................... ....................
(acknowledgement of receipt by the employee (signature of the employer or of the person representing
-date and signature) of the employer or of the person empowered to make statements on behalf of the employer)
* This is applicable to a contract for a non-specified period of time.
** Applicable to the employer for which the conciliation committee was established.
Annex 6. [ TERMINATION OF THE CONTRACT OF EMPLOYMENT WITHOUT NOTICE]
Annex No 6
.................... ................ ................ ................
(employer's header stamp) (locality and date)
..................................
(REGON-EKD number)
TERMINATION OF THE EMPLOYMENT CONTRACT WITHOUT NOTICE
Pan (Lady)
................................ ................ ................
................................ ................ ................
(full name)
................................ ................ ................
As of the day............................................
.................... .................... .................... .................... ....................
(indicate the reason and legal basis of the termination of the employment contract)
At the same time, I would like to inform you that, within 14 days of the date of notification of this letter, you have the right to lodge an appeal before the District Court of the Court of First Instance..........
(seat of the court)
Before the expiry of that period, you may request a conciliation procedure before the Conciliation Committee................................
(Commission headquarters)
.................... .................... .................... .................... ....................
(acknowledgement of receipt by the employee (signature of the employer or of the person representing
-date and signature) of the employer or of the person empowered to make statements on behalf of the employer)
* Concerns the employer for which the conciliation committee was established.
[ 1] Annex No 2 as set out by § 1 item 2 of the Regulation of the Minister of Labour and Social Policy of 10 November 2015. amending the Regulation on the scope of the conduct by employers of documentation on matters related to the employment relationship and the manner of carrying out the employee's personal record (Journal of Laws item. 2005). The amendment came into force on 22 February 2016.
