20.09.2023

FORMATION OF OUR EMPLOYMENT RECORD BOOK ON TERMINATION OF THE EMPLOYMENT CONTRACT

Upon termination of the employment relationship, the employer is obliged to enter in the employment record book the data related to the termination and hand it over immediately to the worker or employee against a signature.

What are the obligations of employers and the rights of employees regarding the procedure and deadlines for the creation and delivery of the employment record book?

Upon termination of the employment relationship, the employer is obliged to enter in the employment record book the grounds for termination of the benefits paid to the worker or the employee upon termination of the employment relationship, as well as the length of service acquired under the employment relationship in years, months and days.

Handing over of the employment record book should take place on the day of termination of the employment relationship, immediately after entering the specified data in it. It must be done by personally delivering it to the person. Handing over means actually placing the employment record book in the possession of the worker or employee.

When the worker or the employee is not at the enterprise on the day of termination of the employment relationship and drawing up of the employment record book, it can be handed over in three ways:

1. Through a written registered invitation with a return receipt to the worker or employee to appear at the employer to receive his employment record book. In this case, the employer will have fulfilled his obligation to hand over the employment record book on the day of receiving the invitation from the worker or the employee certified on the return receipt.
2. By sending the employment record book by post. It should be borne in mind that this type of transfer of the employment record book requires the prior written consent of the worker or employee. In this case, the time of transmission will be the day of its mailing.
3. By handing over the employment record book to a person authorized in writing by the worker or employee. In this case, the employer will have fulfilled his obligation to deliver the employment record book on the day of its delivery to the authorized person, which must be signed.

In case of closure of the enterprise, without a designated legal successor, all payrolls, employment contracts (appointment orders), reassignment orders, orders for unpaid leave of more than 30 working days, orders for termination of employment relationships, employment records and other documents, establishing the insurance experience and income of the persons who worked in the enterprise, are handed over to the territorial divisions of the National Social Security Institute and are kept in special archives. Certificates of work experience are issued by the territorial divisions of the National Social Security Institute free of charge within 30 days on the basis of the pay slips and other documents kept by them of terminated insurers without legal successor.

Reference:

Ordinance on the employment book and work experience