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Employment certificate and PIT-11

This article is written according to the legal status current as of: 2017-01-05

Employment certificate and PIT-11

Employment certificate

An employer is obligated to issue his employee with an employment certificate immediately after the employment contract has been terminated with him. This document should be drawn up honestly, since the employee has the right not only to demand his release, but also to require the rectification of the defective document, or even to appeal to the labour court. The employer ought to issue the employment certificate directly to the employee or to a person authorized by him in writing on the day the employment contract has been terminated, or when it expired. If it is impossible, the employer should send the document via e-mail or deliver it in a different way to the employee or person authorized by him within 7 days from the day the employment contract has been terminated.

Amendments to the Labour Code allow the employers who employ staff on a fixed-term contract to issue them with employment certificates once every 24 months, starting from the day the first of the contracts was concluded. These provisions apply to the employees remaining in employment with the same employer, with whom the probation employment contract, fixed-term employment contract or employment contract for a specific task was concluded. The employer must give the employee the employment certificate at the end of the 24-month period or at a later date if the termination or expiration of the contract that has been concluded before the expiry of the established two-year period falls beyond 24 months. An employee may request at any time the employment certificate to be issued when referred to the employment of the Article. 97 § 11 of the Labour Code. He may also request the employment certificate stating a total period of employment to be issued on the basis of agreements referred in Article. 97 § 11.

A copy of the certificate is stored in the employee's personal file. In justified cases it is possible to issue the employee or a person authorized by him with a copy of the certificate.

PIT-11

The employer, at the request of the employee, is required to prepare tax information PIT-11 within a year after the termination of employment contract. He has 14 days from the date of submitting the application to do so. If such a request is not made, then the PIT-11 must be drawn up by the end of February of the next year.

Remember!

You should receive the employment certificate immediately after the termination of the contract.

If the employer after the termination of a contract concludes another one with you, he is under no obligation whatsoever to issue you the employment certificate (unless you make such a request).

 


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