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REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY
of 15 May 1996
on the detailed content of the certificate of work and the manner and mode of issue and straightening
On the basis of art. 97 § 4 of the Labour Code shall be managed as follows:
§ 1. 1. In the certificate of work, in addition to the information referred to in art. 97 § 2 of the Labour Code, the information necessary to establish the entitlements of the employment relationship and the social security entitlements shall be provided, concerning:
1) the working time dimension of the employee during the duration of the employment relationship,
(1a) the legal basis for the termination or termination of employment,
2) holiday leave used by the employee in the calendar year in which the employment relationship has ceased,
3) the use of additional leave or any other entitlement or benefit, provided for by the provisions of labour law,
4) receivables from the employment relationship recognised and not met by the employer by the date of cessation of this ratio, due to the lack of financial resources,
5) the period of the use of the free leave and the legal basis of its grant,
6) used parental leave,
7) the number of days for which the employee received a salary, in accordance with art. 92 of the Labour Code, in the calendar year in which the employment relationship has ceased,
8) use in the calendar year in which the employment relationship has ceased, the exemption from the work provided for in art. 188 of the Labour Code,
(9) the period for which the staff member is entitled to compensation in respect of the reduction of the period of termination of the contract of employment under Article 4 (1) (b) 36 1 § 1 of the Labour Code,
10) the period of the active military service or its surrogate forms,
11) the period of the work being performed in specific conditions or in a specific nature,
(12) non-contributory periods falling within the period of employment covered by the certificate of work to be taken into account for the purpose of determining the right to a pension or pension,
13) the data that is posted on the employee's request.
2. The model of work certificate shall contain an annex to the Regulation.
§ 1a. [ Issue of a certificate of work in the event of termination or termination of employment on the basis of a contract of employment for an indefinite period of time] [ 1] In the event of termination or termination of employment on the basis of an employment contract for an indefinite period, the employer shall issue a certificate of work on the day on which the termination or termination of the employment relationship occurs.
§ 2. [ 2] 1. The employer shall issue a certificate of work directly to the staff member or to the person authorized by the employee in writing.
2. If the issue of a certificate of work to an employee or a person authorized by him within the period resulting from § 1a and with the article 97 § 12 and 13 of the Labour Code is not possible, the employer, not later than within 7 days from the date of expiry of that period, shall send a certificate of work to the employee or that person through the mail or serve them in any other way.
§ 2a. [ 3] (repealed).
§ 3. In case of expiry of the employment relationship due to the death of the employee (Art. 63 1 § 1 of the Labour Code), the employer shall draw up a certificate of work and include them in the personal records of the deceased employee. An application for a certificate of work by the employer may be made by a member of the deceased employee's family, as well as another person who is the heir to the employee.
§ 4. A copy of the certificate of work shall be kept in the staff member's personal file; in justified cases, the employer shall issue a copy of that certificate to the employee or to the person referred to in paragraph 2 (2). 1 and in § 3.
§ 5. 1. The employer shall notify the employee in writing of the negative result of the application for rectification of the certificate of work within 7 days from the date of receipt of this request. If the application is taken into account, the employer shall issue a new work certificate to the worker at that date.
2. In the event that the court of work will take into account the work of the staff member to rectify the certificate of work, the employer is obliged to issue a new work certificate without delay to the employee, but not later than within 3 days from the day of the decision of the decision the court in this case.
3. In the event of a final decision of the court of employment to restore the employee to work or to grant him compensation for the non-compliant termination of the contract of employment or its termination without notice, the employer, at the request of the employee, it is compulsory to supplement the content of the previous certificate of work of additional information on that decision, subject to paragraph 1. 4.
4. If the judgment referred to in paragraph 3, was issued in connection with the termination by the employer of a contract of employment without termination of the employee's fault, in violation of the provisions on solving in this mode of employment contracts, the employer is obliged to issue to the employee, within the period specified in the paragraph. 2, a new work certificate containing information on termination of the contract of employment for the notice made by the employer, setting up the art. 97 § 3 of the Labour Code.
5. In the cases referred to in paragraph. Article 1 (1), second sentence and paragraph 1 2 and 4 the employer shall be obliged, at the latest on the day of issue of the employee of the new work certificate, to remove from the employee's personal record and destroy the previously issued work certificate.
§ 6. Article 5 (5) 2 shall apply mutatis mutandis where the court of work has taken into account the action of the staff member's action for compensation in relation to the failure to issue within the time limit or the issue of the wrong certificate of work (Art. 99 § 4 of the Labour Code).
§ 7. In the event of a final judgment of the court of employment for compensation to the employer for unjustified termination by an employee of a contract of employment without notice on the basis of art. 55 § 1 1 Labour Code (Art. 61 1 The Labour Code), the employee is obliged to submit the employers issued to him a certificate of work in order to supplement the contents of this certificate with information on the issued decision of the court of work. In the event of failure to comply with this obligation by an employee, the employer shall have the right to call upon the worker to submit a certificate of work without delay in order to include such information.
§ 8. The Regulation of the Council of Ministers of 20 November 1974 shall be repealed. on certificates of work and opinions (Dz. U. Nr 45, poz. 269, of 1989. Nr 49, poz. 271 and 1990 Nr 18, pos. 105).
§ 9. This Regulation shall enter into force on 2 June 1996.
Annex 1.
Annex to the Regulation of the Minister of Labour and Policy
Social of 15 May 1996 (pos. 282)
CERTIFICATE OF WORK [ 4]
[ 1] § 1a added by § 1 item 1 of the Ordinance of the Minister of Labour and Social Policy of 9 November 2011 amending the Regulation on the detailed content of the certificate of work and the manner and mode of its issuance and straightening (Journal of Laws No 251, pos. 1509). The amendment entered into force on 7 December 2011.
[ 2] § 2 in the wording established by § 1 item 2 of the Regulation of the Minister of Labour and Social Policy of 9 November 2011 amending the Regulation on the detailed content of the certificate of work and the manner and mode of its issuance and straightening (Journal of Laws No 251, pos. 1509). The amendment entered into force on 7 December 2011.
[ 3] § 2a repealed by § 1 item 3 of the Ordinance of the Minister of Labour and Social Policy of 9 November 2011. amending the Regulation on the detailed content of the certificate of work and the manner and mode of its issuance and straightening (Journal of Laws No 251, pos. 1509). The amendment entered into force on 7 December 2011.
[ 4] Annex as set out by § 1 item 4 of the Regulation of the Minister of Labour and Social Policy of 9 November 2011. amending the Regulation on the detailed content of the certificate of work and the manner and mode of its issuance and straightening (Journal of Laws No 251, pos. 1509). The amendment entered into force on 7 December 2011.
