13.10.2022

THE EMPLOYER IS OBLIGED TO ISSUE DOCUMENTS REQUESTED BY THE EMPLOYEE

Can an employer deny me a memo about what contract I am on, how much I earn and what position I hold? Do I need it to request and receive a loan from a bank?

The Labor Code explicitly defines the obligation of the employer to issue certain documents to the worker or employee. This is done upon written request. Through it, the employer undertakes to issue and provide the necessary documents certifying facts related to the employment relationship. This must be done within 14 days of the request.

The request, in addition to being in writing, must also be submitted to the relevant office, office, department of the employer. It must be related to the facts of the employment relationship - contract, amounts to be received, characteristics of the position, duration of work, etc. It is important to know that the written request must specify exactly what information the employee or worker needs. The employer must comply with exactly what is stated in the written request.

It is not necessary for the worker or employee to give reasons for his request, nor to indicate why exactly he needs it. The employer is obliged within the above-mentioned period of 14 days to respond to the worker or employee - more precisely, to issue and hand over the relevant document. The latter can be in the form of a certificate or official memo. Delivery may be made by hand against signature, by mail with return receipt requested, or by other similar official, committed means.

Otherwise, according to the Labor Code, at the written request of the worker or employee, the employer is again obliged within 14 days "to provide him with an objective and fair description of his professional qualities and the results of his work or an objective and fair recommendation when applying for a job at another employer". Upon termination of the employment relationship, the employer is obliged to issue a dismissal order or other document certifying its termination.

The Labor Code introduced an obligation for the employer to keep a labor record of the worker or employee. It is created upon starting a job and it stores the documents related to the creation, existence, amendment and termination of the employment relationship. The worker or employee has the right to receive certified copies of the stored documents. This is done in the above-described way of obtaining documents from the employer - through a written request.

The Labor Code also notes some other obligations of the employer. For example, he is obliged to provide the worker or employee with normal conditions for the performance of the work under the employment relationship, for which he has agreed. For this purpose, he must provide him with the work that was determined upon the creation of the employment relationship, workplace and conditions in accordance with the nature of the work, as well as health and safety conditions for work.

He must also provide a job description. A copy of it is handed to the worker or employee upon conclusion of the employment contract against a signature and the date of handing is noted. In the Labor Code, there is even an obligation of the employer "to protect the dignity of the worker or employee during the performance of the work under the employment relationship".

The employer is also obliged to insure the worker or employee under the conditions and according to the procedure established in the Social Insurance Code and the Health Insurance Act.