🔹 Introduction

 Work Certificate is a mandatory document that an employer issues to an employee upon termination or expiration of the employment relationship. It contains information necessary to determine employment rights in subsequent places of employment – for example, for vacation, sickness benefits, or retirement.
 

🔸 1. Legal Basis

• Article 97 of the Labor Code,
• Regulation of the Minister of Family and Social Policy of December 30, 2016, on the Work Certificate (Journal of Laws 2018, item 1289, as amended)

🔸 2. When is a work certificate issued? 

✅ The obligation to issue arises:

• on the day of termination or expiration of the employment contract,
• irrespective of the reason for the end of employment,
• both in cases of contract termination by mutual agreement, notice, immediate dismissal, and upon expiration of the contract duration.

📌 A work certificate is issued automatically, without a request from the employee.
 

🔸 3. Deadline for issuing the certificate

• Termination or expiration of the contract - Immediately, no later than the day of termination of the employment relationship
• Continuation of employment with the same employer after a break of < 7 days - Issued only at the employee's request
• Fixed-term contract, with subsequent contracts signed continuously - Certificate issued after the end of the last contract or at request

🔸 4. Form and method of delivery 

• The work certificate must be issued in writing,
• It may be:
  • handed over in person,
  • sent by post (registered letter),
  • transmitted electronically with a qualified signature.

📌 The employer should obtain confirmation of receipt by the employee (e.g., a receipt or proof of dispatch).
 

🔸 5. What does the work certificate contain?

According to the regulation, the document contains, among others:

• the period of employment,
• positions held,
• the method and legal basis for the termination or expiration of the contract,
• utilized vacation, paternity, parental, and unpaid leave,
• periods of incapacity for work,
• information about bailiff actions,
• a statement about additional rights (e.g., family member of a disabled person),
• information about the period of paying social insurance contributions.

📌 As of 2023, the employer no longer includes salary information – unless requested separately by the employee.
 

🔸 6. Correction of the work certificate

If the employee notices an error, they can, within 14 days of receiving the document:

• submit a request for correction to the employer,
• if the employer refuses – the employee may file a lawsuit in labor court (additional 14 days).

📌 An employer who notices an error on their own should issue a correction of the work certificate marked "correction dated ...".
 

🔸 7. Consequences of not issuing the certificate

Failure to issue on time - Fine from 1,000 to 30,000 PLN (Article 282 of the Labor Code)
Delay or error in data - Possibility of employee claims (compensation)
Obstructing taking new employment - Risk of court disputes, negative opinions

📚 Legal Basis 

• Labor Code, Article 97
• Regulation of the MRiPS of December 30, 2016 on the work certificate
• Article 282 §1 point 3 of the Labor Code – penalty for failing to issue the certificate
• Act on the Promotion of Employment and Labor Market Institutions (concerning employment offices and benefits)

✏️ Summary

• Deadline for issuing -   No later than the day of termination of the employment relationship
• Form - Written or electronic (qualified signature)
• At the employee's request - Only in the case of continuation of employment with a break of < 7 days
• Employee rights - Request for correction within 14 days
• Employer liability - Fine + compensation for damages