7. What are the employer’s obligations to fill in a worker’s or an employee’s employment record book and liability in the event of failure to fulfil these obligations?

  The employment record book is the main supporting document demonstrating the facts relating to the employment relationship. The Labour Code imposes an obligation on the employer to make accurate and timely entries in a worker's or an employee’s employment record book.

     Upon starting work a worker or an employee is required to present to the employer his/her employment record book, except where he/she first starts employment for the first time. After taking the necessary data from the employment record book, the employer returns it to the worker or employee. When a worker or employee starts work for the first time, the employer must provide him/her with an employment record book within 5 days. The cost of the employment record book issued for the first time is paid by the employer. The commencement of work for the first time is certified by the worker or employee with a written declaration. The employment record book is kept by the worker or employee who must present it to the employer upon request, as well as for the entry of new circumstances in it. The employer must request the employment record book within 5 days in order to record changes in the employment relationship and changes to the data under Article 349(1) of the KT.

     In the event of termination of the employment relationship, the length of service completed by the worker or employee with the employer on the date of termination of the employment relationship is recorded in figures and words and signed by the chief accountant and by the employer, and is stamped with the employer’s stamp. In the event of termination of the employment relationship, the worker or employee is required to submit the employment record book to the employer, the employer fills in the necessary data and returns it immediately against the employee’s signature. The date of delivery of the employment record book by the employer to the employee is recorded in the log book of delivered employment record books. The employer does not have the right to detain it afterwards. If the employer does not comply with that obligation, it is legally possible for the worker to request assistance from the relevant Labour Inspectorate Directorate that is competent for the territory where the employer company has its registered address.

     Where the employment record book has not been received by the worker or employee, the employer informs him/her with a letter with acknowledgement of receipt to come in order to receive it in person. It may be sent by post or delivered to a person designated by him/her only if there is a written consent for that purpose. Employment record books, which have not been received by employees, are kept by the employer for 50 years.

     The employer and the responsible officials are jointly and severally liable for any damage caused to the worker or employee as a result of:

  • failure to issue or failure to issue in a timely manner the necessary documents attesting to facts relating to the employment relationship;
  • the recording of incorrect data in the documents issued;
  • any damage that the worker or employee has suffered due to the unlawful detention of his/her employment record book after the employment relationship has been terminated. Such detention is unlawful in all cases where the employment relationship has ended, whether through fault or without fault on the part of the official responsible for filling in and delivering the employment record books.

     A dispute relating to the failure to deliver the employment record book in due time and the damage suffered as a result is resolved by a court. The time limit for bringing an action is three years from the date on which the entitlement falls due or the day on which it becomes enforceable.

Reference: Article 348, Article 350(1) and Article 226(1) and (2) of the Labour Code; Article 358(1)(3) and (2)(2) of the KT; Decree on employment record books and length of service.