From the point of view of the employer, one positive change is the abolition of the obligation to issue an employment certificate for an employee whose contract has expired but who is to be re-hired within 7 days. From the beginning of 2017, there is no obligation to issue a certificate automatically after each termination of employment, as was the case before. However, if the employee wishes to obtain such a certificate, the employer must provide it at any time within 7 days.
The new regulations include a provision that states that in the event that, for objective reasons, the employer is not able to issue an employment certificate within 7 days, it has another 7 days to deliver it personally or via mail.
According to the new regulations, the employer in Poland is obliged to include on the employment certificate, information that the employee was entitled to protection of his/her employment rights while on parental leave. On this basis, an employee who is entitled to parental leave may request a reduction in the working time of his/her next post, and the new employer must agree to such request.
The changes introduced in 2017 in Poland largely focus on temporary workers employed through temporary employment agencies. Thus, on the new employment certificates, the temporary employment agencies must provide information on all employers for whom the employee has worked on a temporary basis. The employment periods for individual employers should be provided. This is intended to ensure a full employment history is available.
Under the new regulations, an employment certificate issued following a court ruling in a suit filed by an employee for the updating of the employment certificate, must be updated by the employer, not within 7 days as previously, but within a maximum of 3 days. In addition, the new regulations obligate the employer to issue an updated employment certificate within 7 days after a court decision ordering either the employee to be reinstated or payment of compensation for unlawful dismissal. In the event of a settlement being agreed, the employer must prepare the new employment certificate within 7 days.
return