Employee Certification Agreement
The work performed by the worker in the context of the employment relationship must always be included in the certificate. These work obligations can be described as indicated in the employment contract. If the worker has performed tasks other than those agreed in the employment contract to a large extent, these must also be carried on the employment certificate. The certificate must be issued in a short or extended form, depending on the staff member`s requirements. The certificate must be issued without delay; It is recommended that they be delivered within one week of the employee`s request. Employers are legally required to issue a certificate of employment to any worker who applications for a certificate of employment within 10 years of the end of his employment. This is why employers must keep records of the length of employment and descriptions of former employees for a period of at least ten years. An assessment of the worker`s professional skills and behaviour can only be recorded on the employment certificate at the worker`s request. The employer cannot include anything in the employment certificate, which is intended to provide information about the worker other than those expressly indicated. Employers should strive to issue a certificate of employment to any former worker applying for a certificate of employment, even if more than ten years have passed since the end of their employment, unless it is unreasonably uncomfortable. A certificate of employment must be issued immediately. The worker may choose to include both the reason for dismissal, the certificate or one of them in the expanded employment certificate. The total length of the employment relationship and the worker`s work obligations must always be included in a short employment certificate.
Absences (for example. B Family leave and absence of illness) should not be taken into account in the duration of the working relationship. The testimony is used to assess suitability. B s professional and the behavior of the worker on a scale of 1 to 5 or in words (poor, reasonable, satisfactory, good, excellent). Freeform descriptions can also be used. For testimonials, it is important that they are truthful, that they accurately describe the skills of the collaborator and that they are not too vague. The reason for the termination of the employment relationship must be indicated in a way that does not, in itself, imply an evaluation of the employee. If the employment relationship has been terminated for worker-related reasons, the employer cannot break down or describe these reasons in the employment certificate. When the worker requests an assessment of his professional skills and behaviour, he or she is not entitled to require an employment certificate with different content, even if he or she does not agree with the assessment. However, the employer may be liable for the damages suffered if an erroneous assessment causes harm to the employee. The employer is not allowed to enter the reason for the termination of the employment relationship or the assessment of the worker`s professional skills and the behaviour on the employment certificate on his own initiative. Before writing the work certificate, the employer should ask the worker what he wishes to have on the certificate.
The worker may, upon request, be issued a temporary agent certificate while the employment relationship is in effect; There is no provision in the employment contract act, but it is a common practice.