Request to correct a certificate of employment (świadectwo pracy)

Published byDocMuse

A request to the employer to correct errors in the Polish certificate of employment — the wrong period of employment, the wrong way the contract ended, the wrong amount of leave taken. It is made within 14 days of receiving the certificate; if the employer refuses, a claim can go to the labour court within 14 days of being told. The letter says what is wrong, what it should say, and why.

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Common questions

How long is there to ask for a certificate of employment to be corrected?

14 days from receiving the certificate (art. 97 § 2¹ of the Labour Code). If the employer does not accept the request, the employee can go to the labour court within 14 days of being told of the refusal — and if the employer does not answer at all, a claim can also be brought in the labour court.

Which errors in a certificate of employment are worth correcting?

Those that affect future rights: the period and hours of employment, how and on what basis the contract ended, the days of leave taken, and sick leave or non-contributory periods. A wrong basis for ending the contract can affect unemployment benefit, for example, and a wrong leave figure the leave at the next employer.

By when must the employer issue the certificate of employment?

Straight away, on the day the employment ends, unless the employer means to hire the employee again within 7 days; where that is not possible, within 7 days (art. 97 § 1 of the Labour Code). If no certificate is issued at all, the employee can ask the labour court to order the employer to issue it.