The last day at work for an employee means the end of a certain stage – if he has handed over all the matters and documents to the appropriate people, he can easily go home. For the employer, this means something else, besides looking for a new person or putting them in their duties. On the day of the definitive termination of the employment relationship with the employee, the employer has several obligations, the most important of which is to provide a certificate of employment – on the date of termination of cooperation, or – if there are any difficulties in completing this activity on that day – up to 7 days from the end of the employment relationship . The employer may also – at the request of the former employee – issue other documents. We explain what documents are meant and what the regulations say about them.
Final parting with the employee – what you should know about the employment certificate
If the employee and the employer intend to enter into a new employment relationship within a week – after the current one expires or terminates – an employment certificate is issued at the employee’s request. It is regulated by the provisions of the Labor Code, and more specifically – in Article 97, § 11. An employment certificate is a document necessary to define social benefits and rights resulting from the employment relationship – therefore, the issuance of the certificate cannot depend on the status of settlements with the former employee.
Termination of the employment relationship – what other documents the employer must issue
The work certificate has been handed over to the employee – thanks to this, he can, among others use the benefits from the Labor Office. However, this is not the only information that the employer is required to provide to the former employee.
During work, the employer keeps employee documentation – it is understandable. Upon expiration or termination of the employment relationship, the employer is obliged to inform the employee about:
- The period for which the employee records will be kept;
- Possibility to collect employee documentation – by the end of the calendar month from the end of the storage period;
- Destruction of documentation – if the employee did not collect it within the time limit described above.
What do the regulations say about the period of keeping employee records? Rather, hardly anyone remembers whether they handed over / received the documentation after the employment relationship ended – usually the fact of receiving the employment certificate remains in the memory. Pursuant to the provisions of the Labor Code, article 94, point 9b – the employer is obliged to keep the documentation for 10 years from the termination of the employment relationship. If separate provisions do not apply – after this date, the employer should destroy the documentation (if the employee has not collected it).
Issuing employee documentation – what is the most important
Regardless of whether the employee is employed or not – he has the right to obtain a copy of the collected employee documentation. All he has to do is submit the appropriate application (which is included in the dossier – in part B or C).
Who can get a copy (part or all)? The Labor Code makes it clear – the employee or a person authorized by him. Depending on the form of keeping the documentation – paper or electronic – the requirements for the copies issued differ. Respectively:
- Issued on paper – with the signature of the employer / authorized person and confirmation of compliance with the original;
- Issued in electronic form – in pdf format, with a qualified electronic signature or a qualified electronic seal and confirmation of compliance with the original.
- Issued in paper form – a printout from the documentation bearing the signature of the employer / authorized person together with confirmation of compliance with the original and with the metadata from the documentation (pursuant to § 13 section 3 points 1-4);
- Issued in electronic form – in accordance with Chapter 4, § 13, point 1-5.
Termination of the employment relationship is not the end of the employer’s obligations towards the employee. Thanks to the knowledge contained in this article, it is easier to fulfill these responsibilities and avoid trouble.