When an employee’s employment record book is unlawfully withheld by the employer, the law grants the worker or employee the right to receive compensation. This compensation is due regardless of whether any actual damage has been suffered, such as being unable to take up another job or to receive unemployment benefit.
The employer’s obligations upon termination of the employment relationship
Upon termination of the employment contract, the employer has two principal obligations:
- To enter in the employment record book all the necessary particulars relating to the termination of the contract.
- To hand over the employment record book to the worker or employee.
The employment record book must be completed and returned “immediately”, i.e. on the same day on which the employment relationship is terminated.
The need for strict compliance with the deadline
The time limit for handing over the employment record book is mandatory for the employer, without any exceptions. Even a minimal delay cannot be justified before the court. It is irrelevant whether:
- The termination order was served at the end of the working day;
- The accountant is on leave, on sick leave or working remotely;
- The employer relies on an external accounting firm to prepare the documents.
The employer is obliged to organise the process so that the employment record book is handed over to the worker or employee on the relevant day. If the termination is at the employer’s initiative and the worker has not been notified in advance of the date, the employer must inform them so that they can collect their book in person.
Cases where the employment record book is held by the worker
If the employment record book is kept by the worker or employee, the employer must request that it be provided to them. Once received, the employer is obliged to enter the termination particulars immediately and to return it on the day of receipt.
Liability for delay
Any delay in handing over the employment record book gives rise to the employer’s liability to pay compensation under Article 226(2) of the Labour Code.
If the worker or employee was not present at work on the day the contract was terminated, or did not wait to receive their book, the employer must notify them by registered letter with acknowledgement of receipt of the date on which they may collect it.
The employment record book may be sent by post or handed over through another person only if the worker has given express written consent. If the worker does not appear in person or does not provide written consent for another person or for dispatch by post, liability passes to them.
Documenting the handover of the employment record book
The date of handover must be recorded in the register for the issuance of employment record books, which serves as evidence that the employer has fulfilled its obligations.
Claim for compensation for unlawful withholding
Compensation for withholding the employment record book is due only if the worker claims it. If the employer does not pay it voluntarily, the worker may bring a claim before the district court.
Court costs
Workers and employees do not pay state fees or costs in these cases, including for court-appointed expert reports. The only expense for the worker is the attorney’s fee for legal defence.
Amount of the compensation
The compensation is equal to the worker’s or employee’s gross remuneration for the period during which the employment record book was withheld.
Proof of damage is not required
The worker is not required to prove any damage suffered or culpable conduct by officials. The compensation is due automatically upon unlawful withholding of the book.
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