Regulation Of The Minister Of Labour And Social Policy Of 15 May 1996 On The Detailed Content Of The Certificate Work And How And His Issue And Straightening

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SOCJALNEJ z dnia 15 maja 1996 r. w sprawie szczegółowej treści świadectwa pracy oraz sposobu i trybu jego wydawania i prostowania

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
On the basis of article. 97 section 4 of the labour code are managed as follows: § 1. 1. In the work, in addition to the information referred to in article 1. 97 § 2 of the labour code, shall contain the information necessary to establish the powers of the employment and social insurance allowances, concerning: 1) the working time of the employee for the duration of the employment relationship, 1a) the legal basis of the termination or expiration of the employment relationship, 2) annual leave used by an employee in the calendar year in which the employment relationship is terminated, 3) the use of additional leave or other entitlements or benefits provided for by law work, 4) receivables from the employment relationship recognized and not met by the employer to the termination of this relationship, due to the lack of financial resources, 5) the period of use of the leave and the legal basis of its grant, 6) used parental leave, 7) the number of days for which the employee received remuneration, in accordance with article 5. 92 of the labour code, in the calendar year in which the employment relationship is terminated, 8) use in the calendar year in which the employment relationship is terminated, the exemption from work provided for in article 8(2). 188 of the labour code, 9) of the period for which the employee is entitled to compensation in connection with the reduction of the period of notice of an employment contract on the basis of article. 361 § 1 of the labour code, 10) period held active military or its substitute forms, 11) the period of work in specific conditions or specific character, 12) non-contributory periods, i.e. employment, which applies to employment, to be taken into account when determining the right to a pension or annuity, 13) data, which are provided at the request of the employee.

2. The model of the certificate of work contains the annex to the regulation.



§ 1a. [For certification work in the event of termination or expiration of the employment relationship under a contract of employment for an indefinite period] [1] in the event of termination or expiration of the employment relationship under a contract of employment for an indefinite period, the employer shall issue a certificate of operation on the date on which the termination or expiry of the employment relationship.

§ 2. [2] 1. The employer shall issue the certificate directly to the employee or to a person authorized in writing by the employee.

2. where the issue of a certificate of work to the employee or to a person authorised by him within the time limit under § 1a and art. 97 section 12 and 13 of the labour code, it is not possible, the employer shall, not later than within 7 days from the date of expiry of that period, shall send a certificate of employment to an employee or the person by mail or served on them in any other way.

§ 2a. [3] (repealed).

§ 3. In the event of expiry of the employment relationship due to the death of a staff member (article 631 § 1 of the labour code), the employer shall draw up a certificate of employment and enables them to the personal file of the deceased employee. A request for the issue of a certificate by the employer may experience a family member of the deceased employee, as well as any other person that is heir to this employee.

§ 4. A copy of the certificate of working shall be kept in the staff member's personal file; in justified cases the employer seems like a copy of the certificate to an employee or a person referred to in § 2 paragraph 1. 1 and in paragraph 3.

§ 5. 1. the employer shall notify the employee in writing of the negative result of the examination of the application for rectification of a certificate within 7 days from the date of receipt of the request. In the event of a request, the employer appears to the employee within that period, the new certificate.

2. in the event of account by the labour court action of the employee for the rectification work certificate, the employer shall give the employee immediately new employment, but not later than within 3 days from the date when the decision of the Court in this case.

3. in the event of a final judgment of the Labour Court to reinstate the employee to work or to grant him compensation for the contravention of the laws of their employment contract is terminated or its termination without notice, the employer shall, at the request of the employee, is obliged to make up the body of his work certificate previously issued for additional information about this judgment, subject to paragraphs 2 and 3. 4.4. If the decision referred to in paragraph 1. 3, was issued in connection with the termination by the employer of the employment contract without notice due to the fault of the employee, in breach of the provisions of resolution in this mode of employment contracts, the employer shall give the employee, within the time limit referred to in paragraph 1. 2, a new certificate of employment containing information about the employment contract is terminated by notice by the employer, is established by art. 97 § 3 of the labour code.

5. In the cases referred to in paragraph 1. 1, second sentence, and in paragraph 2. 2 and 4, the employer shall, not later than on the date of the employee's new work certificate, removed from the personal file of the employee and destroy the previously issued certificate.

§ 6. Provision of § 5. 2 shall apply mutatis mutandis in the event of an account by the labour court action of the employee for damages in connection with the results within the time limit or the release of the wrong certificate (article 99 § 4 of the labour code).

§ 7. In the event of a final judgment of the Labour Court on compensation for an employer in respect of unjustified solutions by an employee contract of employment without notice pursuant to art. 55 section 11 of the labour code (Article 611 of the labour code), the employee is obliged to submit the employer issued him a certificate of employment in order to supplement the content of this testimony about issued Court ruling. In the event of failure to meet this obligation by an employee, the employer has the right to give notice to the employee to submit to a certificate of work to post such information in it.

§ 8. Loses power regulation of the Council of Ministers of 20 November 1974 on the certificates of work and reviews (Journal of laws No. 45, item 269, 1989, no. 49, item 271 and of 1990 No. 18, item 105).

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

Annex 1.

The annex to regulation of the Minister of labour and social policy of 15 May 1996 (. 282) CERTIFICATE of EMPLOYMENT [4] [1] § 1a added by § 1 paragraph 1 of the regulation of the Minister of labour and social policy dated 9 November 2011. amending Regulation on the detailed content of the certificate work and how and his issue and straightening (OJ # 251, item. 1509). the change entered into force 7 December 2011.

[2] § 2 in the version set by § 1 paragraph 2 of the regulation of the Minister of labour and social policy dated 9 November 2011. amending Regulation on the detailed content of the certificate work and how and his issue and straightening (OJ # 251, item. 1509). the change entered into force 7 December 2011.

[3] § 2a repealed by section 1 of paragraph 3 of the regulation of the Minister of labour and social policy dated 9 November 2011. amending Regulation on the detailed content of the certificate work and how and his issue and straightening (OJ # 251, item. 1509). the change entered into force 7 December 2011.

[4] Annex as amended stipulated by § 1 paragraph 4 of the regulation of the Minister of labour and social policy dated 9 November 2011. amending Regulation on the detailed content of the certificate work and how and his issue and straightening (OJ # 251, item. 1509). the change entered into force 7 December 2011.

Related Laws