What is an employment certificate?
An employment certificate, known in Poland as świadectwo pracy, is an official document issued by an employer when an employment relationship ends or expires. It confirms essential facts concerning the employee’s employment, including the period of work, position held, working time, the basis for termination, and selected employment-related rights used during the employment period.
The certificate is not a reference letter or an assessment of the employee’s performance. Its purpose is to provide reliable information needed by the employee, a future employer, public authorities, social security institutions, or other entities assessing employment-related rights. It may be relevant, for example, when determining holiday entitlement, social security benefits, periods of employment, or eligibility for unemployment benefits.
In Poland, the obligation to issue an employment certificate follows primarily from Article 97 of the Labour Code and the regulation on the content and method of issuing employment certificates. As a rule, the employer should issue the document on the day the employment relationship ends, provided that the employer does not intend to enter into another employment relationship with the same employee within seven days. The statutory time limits result from the Labour Code.
What information does an employment certificate contain?
An employment certificate should include information required by law and should not contain unnecessary or subjective comments. In particular, it usually specifies the employee’s period of employment, type of work or positions held, working time, and the legal basis or method by which the employment relationship ended.
The document may also include information relevant to the employee’s future employment rights, such as the number of days of annual leave taken in the year in which employment ended, periods of unpaid leave, parental leave, childcare leave, temporary incapacity for work, military service, or the performance of work in special conditions or of a special nature. Where applicable, it may also state whether the employee’s wages were subject to enforcement deductions.
The precise scope of information is determined by Polish labour law. Employers should therefore use the current statutory template and verify whether special circumstances of a particular employment relationship require additional information. An incorrectly completed certificate may create difficulties for the employee and expose the employer to claims.
When is legal assistance with an employment certificate advisable?
Legal support may be useful when an employer is uncertain about the required content of the certificate or the timing of its delivery. This is particularly relevant in cases involving fixed-term employment, several consecutive employment contracts, remote work, parental rights, long-term absence, disciplinary dismissal, collective redundancy, or disputes concerning the actual basis for termination.
Employees should consider consulting a lawyer if the certificate contains inaccurate information, omits relevant periods of employment, incorrectly states the termination basis, or is not issued at all. Errors may affect future recruitment processes, access to benefits, the calculation of employment periods, or the employee’s ability to prove the circumstances of termination.
An employee may request the correction of an employment certificate within fourteen days of receiving it. The employer has seven days to issue a corrected certificate or notify the employee of the refusal. If the request is refused, the employee may apply to the labour court within fourteen days of receiving the refusal. If the employer fails to issue the certificate, the employee may also apply to the labour court. These rules are set out in Article 97 of the Polish Labour Code.
A prompt consultation with an employment lawyer can help identify formal errors before they lead to a dispute, financial loss, delayed benefit payments, or claims for damages. For employers, early verification of employment documentation can reduce the risk of labour litigation and ensure that offboarding procedures comply with applicable regulations.
Law firm support in employment certificate matters includes in particular:
- reviewing the correctness and completeness of employment certificates;
- preparing or correcting employment certificates after termination of employment;
- assessing the legal basis and wording of employment termination;
- advising employees on requests for correction of a certificate;
- representing employers and employees in labour court proceedings;
- reviewing internal HR and employee offboarding procedures;
- advising on documentation related to fixed-term employment contracts, remote work, leave, and working time.
Need assistance with an employment certificate? Contact us.