Clients of our PRWT accounting office often ask about practical situations they deal with.

Let’s look at a specific factual situation:

The employee appealed against the termination of his employment contract without notice. The employee’s appeal did not include a demand for a new employment certificate if the court upholds his claim. As a result of the trial, the court found that the termination of the employee’s employment contract violated the provisions of the law on termination of contracts and accepted the employee’s claim. What should the employer do in such a case? Should he issue a new employment certificate? Should an employee make such a request?

The answer to the above questions can be found in the content of art. 97 pairs 3 of the Polish Labor Code, according to which if the judgment of the labor court shows that the termination of an employee’s employment contract without notice due to his fault was in violation of the provisions on the termination of employment contracts in this mode, the employer is obliged to include in the employment certificate information that the termination of the contract the employment took place upon notice given by the employer.

Therefore, the employer should himself (without the employee’s prior request in this respect) issue a new employment certificate with a correctly indicated basis for terminating the employment relationship – termination of the employment contract upon notice given by the employer.