Employment Certificate - Employer Obligations and Employee Rights Explained
Ending an employment relationship comes with specific legal responsibilities. One of the most important is issuing an employment certificate. While it may seem straightforward, many misunderstandings arise around deadlines and employee rights.
When must the certificate be issued?
As a rule, the employer must provide the employment certificate on the last day of employment. This is not a flexible deadline – the document should be ready and available at that exact moment.
An exception applies if the employer intends to rehire the same employee within 7 days. In such cases, the certificate is issued only upon the employee’s request.
Importantly, what matters is the actual start date of the new employment, not the contract signing date.
The “7-day rule” – common misconception
Many believe employers always have 7 days to issue the certificate. That is incorrect.
The 7-day timeframe applies only when:
- the document cannot be delivered in person,
- the employee submits a request for it.
In standard cases, the certificate should be issued immediately upon termination.
What if the employee does not collect it?
If the employee does not pick up the certificate, the employer is not required to track down their address. The document should simply remain in the personnel file, ready for collection.
What if the employer fails to issue it?
Employees have legal remedies. They can:
- file a claim with the labor court,
- seek a court determination even if the employer no longer exists.
In such cases, the court may reconstruct the content of the certificate.
Correcting errors in the certificate
Employees have 14 days from receiving the document to request corrections.
If the employer refuses:
- the employee has another 14 days to take the case to court.
If the court rules in favor of the employee, a corrected certificate must be issued within 7 days.
Are corrections always possible?
Not always. For instance, disputing the grounds for termination requires separate legal action first. Only then can the certificate be effectively corrected.
Compensation for damages
If the lack of a certificate prevents employment, the employee may claim compensation.
This is limited to lost wages for up to 6 weeks, provided the damage can be proven.
Final thoughts
An employment certificate is more than a formality – it plays a key role in future employment. Understanding the rules helps both parties avoid unnecessary disputes.
Read our latest Posts
We love to talk to you!
Contact Us!
Explore EasyBooks for top notch accounting services. Reach out to us today for personalized assistance!




