The rule
The employer must make the final settlement and give the work book on the day the employee is dismissed (articles 171 and 172 of the Labour Code). The Labour Code sets an exception to this rule: if the employee was absent on that day, or refused to take the work book, the employer sends him a notice, no later than the next working day, to come for the work book or to agree that it is sent by post. From the day the employer sends the notice, the employer does not answer for the delay.
What a delay means
Under article 320 of the Labour Code, if the issue of the work book is delayed, the employer must compensate the employee for the wage he did not receive during that period.
What to do
- Send the employer a written demand and keep a copy.
- If you send the letter by post, get the confirmation of delivery.
- If no answer comes, complain to the labour inspectorate or file a claim with the court.
The electronic form
The data about work activity are also kept in an electronic system. If a record was not entered, you can demand in writing that it is corrected.