The rules for issuing partial employment certificates (świadectwo pracy) changed significantly on 1 January 2017. The earlier rules required employers to issue such documents automatically after a certain period of employment, but today the situation is completely different. Since that date, a system based on employee requests has applied (Act of 16 December 2016, Journal of Laws (Dz.U.) 2016, item 2255), which has a significant impact on how companies manage HR documents. Since 7 September 2019, the rules have also been supplemented: the certificate is issued on the day the employment relationship ends, and the employee has 14 days to request its correction. We prepare employment certificates and personnel files for clients as part of our HR and payroll services.
These changes mainly concern situations where an employee continues working for the same employer under successive fixed-term contracts. Previously, employers had to issue partial employment certificates automatically after 24 months of employment, but now the procedure has been considerably simplified and depends on the employee's initiative.
Since 1 January 2017, a partial employment certificate has been issued only at the employee's request. The employer does not have to issue such documents automatically after a certain period of employment, as was the case before
In practice, the new rules mean that employees need to be aware of their rights and actively request an employment certificate if they need one. This applies in particular to people employed under successive fixed-term contracts with the same employer.
Rules in force until the end of 2016
Until 31 December 2016, employers operated under a system that required them to issue partial employment certificates automatically. This system was much more formal and required HR departments to closely monitor each employee's periods of employment.
Under the earlier rules, partial employment certificates had to be issued after 24 months of employment with a given employer. This period was counted from the date the first employment contract with the employee was concluded. The rule applied to probationary period contracts and fixed-term contracts. Even then, the employee could request a certificate for completed contracts at any time, and the employer had 7 days from the written request.
Before 1 January 2017, employers had to issue partial employment certificates automatically after 24 months of employment. This period was counted from the conclusion of the first employment contract with the employee
This mechanism meant that HR departments had to keep detailed records of each employee's periods of employment and watch the deadlines for issuing certificates. In practice, this meant extra administrative work and the need to systematically monitor the dates of successive fixed-term contracts.
The system applied only to fixed-term contracts - probationary period contracts and fixed-term contracts. Employees on open-ended contracts were not covered by this obligation, because their employment was continuous and did not require additional documents in the form of partial certificates. What happens to the certificate when it is the employee who ends the job is explained in our article on notice of termination by the employee.
Example of the old rules: Jan Kowalski was employed on 1 March 2013 under a fixed-term contract until 28 February 2014. Then, on 1 March 2014, he signed another fixed-term contract until 31 August 2014, followed by another one. Under the rules in force until the end of 2016, the employer had to issue a partial employment certificate for both completed contracts automatically when 24 months had passed since the first of them was concluded, i.e. on 28 February 2015.
The automatic issuing of partial employment certificates was intended to give employees proper documentation of their work experience, especially when they were employed under successive fixed-term contracts with the same employer for a longer period.
New rules in force since 2017
On 1 January 2017, fundamental changes were made to the system of issuing partial employment certificates. The most important change was the abolition of the employer's obligation to issue such documents automatically. The new system is based on voluntariness and the employee's initiative.
Under the new rules, a partial employment certificate is issued only at the employee's request. This means that the employer does not have to monitor periods of employment in order to issue certificates automatically after a certain time. The initiative lies with the employee, who must consciously submit a request.
The new rules provide that a partial employment certificate may be issued only if a further employment relationship with the same employee begins within 7 days of the termination or expiry of the previous one
An important condition for issuing a partial employment certificate is continuity of employment. The employer must issue a certificate at the employee's request only if the next employment relationship begins within 7 days of the termination or expiry of the previous employment relationship with the same employee.
This time condition is key to applying the new rules. If more than 7 days pass between the end of one contract and the start of the next, the "on request" procedure does not apply. In that case, the employer must issue the employment certificate without a request, on the day the previous employment relationship ends, for the periods for which no certificate has yet been issued (Article 97 § 1 of the Labour Code (Kodeks pracy)).
| Aspect | Rules until 2016 | Rules since 2017 |
|---|---|---|
| How it is issued | Automatically after 24 months (earlier on request) | At the employee's request |
| Initiative | Employer | Employee |
| Time condition | 24 months of employment | No more than 7 days' break between contracts |
| Record-keeping | Detailed records of deadlines | Records of requests submitted |
| Deadline for issue | Automatically after 24 months | 7 days from the request |
The new rules considerably simplify HR procedures for employers, removing the need to keep detailed records of periods of employment in order to issue certificates automatically. At the same time, they shift responsibility for requesting a certificate to employees, who need to be aware of their rights in this respect.
Procedure for requesting an employment certificate
The process of requesting a partial employment certificate has become much more flexible under the new rules. Employees can choose how to submit the request, which makes the procedure easier and adapts it to modern standards of workplace communication.
A request for a partial employment certificate can be submitted in two forms: paper or electronic. A paper request is a traditional written request submitted in person to the HR department or sent by post. An electronic request includes requests sent by email or submitted through the HR systems used in the company.
A request for a partial employment certificate may be submitted on paper or electronically. The employer must handle the request regardless of the form chosen by the employee
The key element of the procedure is the deadline for the employer to deal with the request. The employer has 7 days from the date of the request to issue the employment certificate. This deadline is mandatory - the rules do not provide for extending it (Article 97 § 1² of the Labour Code).
The procedure for issuing a certificate on request includes the following stages:
- Submission of the request by the employee in the chosen form
- Registration of the request by the employer's HR department
- Checking that the conditions for issuing a partial certificate are met
- Preparing the document in line with the applicable rules
- Issuing the employment certificate within 7 days of the request
In practice, it is worth keeping records of requests submitted and of the deadlines for dealing with them. Failure to meet the 7-day deadline for issuing the certificate may have legal consequences for the employer: a fine of PLN 2,000 to PLN 60,000 (Article 282 § 1 point 3 of the Labour Code) and the employee's claim for compensation (Article 99 of the Labour Code).
Impact on subsequent employment certificates
One of the most important consequences of the new system of issuing partial employment certificates is its effect on the content of subsequent documents issued to the same employee. The rules introduce a principle intended to prevent the same periods of employment from being shown twice in different certificates.
Under the new rules, subsequent employment certificates will not show the period of employment for which the employee has already received a partial employment certificate at their request. This principle is fundamental for keeping HR records and requires HR departments to pay particular attention when preparing documents.
Subsequent employment certificates will not show the period of employment for which the employee has already received a partial employment certificate at their request. This principle prevents the same periods of employment from being shown twice
In practice, this principle means that HR departments must keep detailed records of partial employment certificates issued. Each partial certificate issued must be noted in the employee's records together with the exact period it covers.
This mechanism is intended to ensure transparency and avoid situations in which an employee could receive several documents confirming the same period of employment. At the same time, it protects the employer against possible allegations of keeping HR records incorrectly.
This system requires employers to introduce appropriate record-keeping procedures that allow them to:
- Register all partial employment certificates issued
- Specify the exact periods covered by each certificate
- Exclude those periods from subsequent certificates issued to the same employee
- Ensure the continuity and completeness of employment records
Practical application in a specific case
Looking at the situation of the employee from Koszalin presented here, you can trace exactly how the new rules on partial employment certificates work in practice. The case illustrates perfectly how the system introduced on 1 January 2017 operates.
The employee's fixed-term employment contract ended on 30 April 2020, and the next day, 1 May 2020, he signed an open-ended contract with the same employer. In this situation, the condition of continuity of employment was met, because no more than 7 days passed between the end of one contract and the start of the next.
In the case of the employee from Koszalin, the condition of continuity of employment was met, because the new contract was signed the day after the previous one ended. The employer must issue a partial employment certificate only at the employee's request
Under the applicable rules, the employer does not have to automatically issue a partial employment certificate for the period of employment under the fixed-term contract. Such a certificate may be issued only at the employee's request, which must be submitted on paper or electronically.
Practical scenario: Anna Nowak worked under a fixed-term contract from 1 January 2020 to 30 April 2020. The next day, 1 May 2020, she signed an open-ended contract. In June 2020, she decided to request a partial employment certificate for the period from 1 January to 30 April 2020. The employer had to issue the certificate within 7 days of the request.
If the employee decides to request a partial employment certificate for the period from the start of the fixed-term contract to 30 April 2020, the employer will have to issue it within 7 days of the request.
If the employee does not request a partial employment certificate, after their employment with that employer ends they will receive a standard employment certificate covering the whole period of employment, including both the fixed-term contract and the open-ended contract.
The decision to submit a request depends on the employee's needs and may be driven by various reasons, such as:
- The need to document work experience in a specific period
- The need to confirm employment for credit or administrative purposes
- Requirements related to applying for a new job
- The need to put personal documents in order
Consequences for employers
The new rules on partial employment certificates have significant consequences for employers, affecting both HR procedures and the organisation of HR departments. These changes require existing practices to be adjusted and new organisational solutions to be introduced.
The most important benefit for employers is the abolition of the obligation to issue partial employment certificates automatically after 24 months of employment. This means much simpler HR procedures and no need to keep detailed records of periods of employment in order to monitor certificate deadlines.
Employers no longer have to issue partial employment certificates automatically after a certain period of employment. This removes the need to keep detailed records of deadlines and considerably simplifies HR procedures
At the same time, employers must be prepared to handle employees' requests for partial employment certificates. This requires procedures for receiving and handling requests and ensuring that the 7-day deadline for issuing the certificate is met.
The key obligations of employers under the new system include:
- Accepting requests on paper and electronically
- Registering requests with the date they were submitted
- Checking that the conditions for issuing a partial certificate are met
- Preparing the certificate in line with the applicable rules
- Issuing the document within 7 days of the request
- Keeping records of partial certificates issued
- Excluding periods covered by partial certificates from subsequent documents
Employers must also make sure that HR staff are properly trained in the new rules and procedures. It may also be necessary to adapt HR systems to handle requests for partial employment certificates and keep the relevant records.
Benefits for employees
The new system of issuing partial employment certificates brings employees a number of benefits that give them more control over their employment records and make it easier to manage their careers. These changes are part of a trend towards strengthening employee rights and adapting labour law to the current needs of the labour market.
The basic benefit is being able to decide whether and when to receive a partial employment certificate. Employees are no longer forced to receive such documents automatically, which removes unnecessary bureaucracy and allows more flexible management of personal documents.
Employees gain full control over receiving partial employment certificates and can decide when to have them issued according to their own professional and personal needs. The system becomes more flexible and better suited to individual requirements
Flexibility in submitting requests is another important benefit. Being able to choose between a paper and an electronic request makes the procedure easier and adapts it to the preferences and technical possibilities of individual employees. The electronic form can be particularly convenient for people working remotely or with limited access to the employer's premises.
The short 7-day deadline for dealing with the request gives employees quick access to the documents they need. This is particularly important when an employment certificate is required in recruitment processes, credit procedures or other formal proceedings.
Additional benefits for employees include:
- The option of receiving an employment certificate at any time during employment
- No need to wait for automatic issue after 24 months
- More control over employment records
- Faster access to the documents they need
- Better career planning
The system particularly benefits employees who are active on the labour market and may need employment records at various points in their careers, not only after leaving a given employer.
Comparison of the systems before and after 2017
The new rules on partial employment certificates are a significant change in Polish labour law. Comparing the two systems helps you better understand the benefits and challenges of the new rules.
| Criterion | System until 2016 | System since 2017 |
|---|---|---|
| Basis for issue | Automatically after 24 months | At the employee's request |
| Initiative | Employer | Employee |
| Deadline for issue | After 24 months (on request: 7 days) | 7 days from the request |
| Time condition | 24 months of employment | No more than 7 days' break between contracts |
| Form of request | Written request (optional) | Paper or electronic |
| Record-keeping | Detailed records of deadlines | Records of requests submitted and certificates issued |
| Flexibility | No flexibility | Full control by the employee |
| Administrative burden | High for the employer | Lower for the employer |
The most important differences between the systems:
- Automatic vs voluntary: The old system was based on issuing certificates automatically, the new one gives the employee a choice
- Deadlines: A change from a 24-month waiting period to a 7-day deadline for dealing with the request
- Burden on the employer: A significant reduction in the employer's administrative obligations
- Employee control: More rights and control for employees over their own documents
