An employment certificate is a document of crucial importance to employee rights – it contains information on periods of employment, type of work performed, leave taken, and the basis for contract termination, among other things. Therefore, its content must be accurate. If an error is detected, both the employee and the employer have the right, and often the obligation, to correct it.
How to correct an employment certificate?
Corrections to an employment certificate are always made by issuing a new document. It is prohibited to make any corrections, additions, or changes to the previously issued copy. The new certificate must contain the correct data and replace the existing document.
Employee's request for rectification
An employee who notices irregularities in the employment certificate they have received may request the employer to correct it.
- The deadline for submitting an application is 14 days from the date of receipt of the employment certificate.
- If the employer refuses to rectify the information, the employee may, within 14 days of receiving the refusal, submit a request for rectification to the labour court.
- If the employer does not inform the employee of the refusal, the case may also go to court.
According to the regulations, the application does not have to be in writing.
Employer's obligations
The employer is obligated to issue an employment certificate that is consistent with the regulations and the facts. Even if the employee has not submitted a formal request for correction, and the employer notices the error, the employer should immediately issue a new, corrected employment certificate, informing the employee of the reasons for this decision.
Deadlines and their legal consequences
Pursuant to the Supreme Court judgment of 15 December 2009 (reference number II PK 156/09), the deadlines specified in Article 97 § 2¹ of the Labor Code are substantive law deadlines. This means that exceeding them without reinstatement results in the dismissal of the claim by the labor court.
However, despite the lack of formal obligation to consider applications submitted after the deadline, in practice – especially in the case of obvious and significant errors – the employer should consider taking them into account.
Correcting an employment certificate is not only an option but often an obligation – for both the employee and the employer. Errors in this document can have serious legal consequences, for example, when determining length of service. Therefore, any irregularities should be corrected as soon as possible by issuing a new employment certificate.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of September 22, 2025.
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