14.10.2021

DRAWING UP OUR EMPLOYMENT RECORD BOOK UPON TERMINATION OF EMPLOYMENT

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

What are the obligations of employers and the rights of employees with regard to the procedure and deadlines for drawing up and submitting the employment record book?

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

The transfer 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 handing it to the person in person. The transfer means the actual placing of the employment record book in the possession of the employee.

When the employee is not in the enterprise on the day of termination of employment and registration of the employment record book, its transfer can be done in three ways:

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

Upon closure of the enterprise, without specifying a legal successor, all payrolls kept by it, employment contracts (appointment orders), reassignment orders, orders for used unpaid leave over 30 working days, orders for termination of employment, employment record books and other documents establishing the length of service and income of the persons who have worked in the enterprise shall be submitted to the territorial divisions of the National Social Security Institute and shall be 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 payrolls and other documents kept by them to terminated insurers without a legal successor.

Reference:

Ordinance on the employment record book and length of service