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What documents are given to the employee at the end of his contract?

Verified 21 April 2020 - Directorate for Legal and Administrative Information (Prime Minister)

When the employment contract comes to an end (regardless of the contract and the reason), the employer must provide the employee with several documents.

Obligations of the employer

The employer shall give the employee a work certificate at the end of his employment contract.

The dated certificate must be signed by the employer.

If the employer fails to comply with this obligation, the employer may be ordered to pay a 4th class fine (fine of €750 maximum for a natural person or €3,750 for a legal person).

The employee may also enter the Prud'homme Council (CPH) if the certificate is not delivered to him or if it contains incorrect information.

Where the breach of contract is the result of recovery or a court liquidation, it is up to the liquidator of the company to hand over the certificate to the employee.

In the event of the death of the employee, which results in the termination of the employment contract, the employer still has the obligation to issue the work certificate to the right holders..

Certificate Entries

The work certificate shall contain the name of the employee and the name of the undertaking and all the following particulars:

  • Dates ofentry of the employee in the undertaking (including paid probationary period or trial period)
  • Dates output of the employee in the undertaking (the date of exit corresponding to the end of the notice, whether or not completed)
  • Nature job(s) held (job or position title)

Warning  

the certificate of work must indicate the maintenance of the company mutual during the whole period of unemployment if the employee benefits at the end of his employment contract.

The balance receipt of any account specifies all the sums paid to the employee when the employment contract is broken.

This may include severance pay, final salary, compensatory leave with pay and notice, and bonuses.

It is drawn up in duplicate, one of which is given to the employee with the last pay slip.

The receipt must be dated. The date of the receipt allows to determine the starting point of the time limit for contesting the sums mentioned.

The employee is free to sign or not the receipt.

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Employee signs receipt

If the employee signs the receipt, he has a time limit of 6 months to challenge Prud'homme Council (CPH) the amounts shown on the receipt.

Employee does not sign receipt

If the employee refuses to sign the receipt, this has no effect on the payment of the sums due.

The employer is obliged to pay the sums even if the employee does not sign the receipt.

The employee has a period of 3 years to challenge Prud'homme Council (CPH) the amounts shown on the receipt.

Obligation to deliver the Pole certificate by the employer

The Pole emploi certificate must be handed over to the employee at the end of his employment contract.

It allows the employee to collect rights to unemployment benefit, subject to conditions.

FYI  

failure to issue the certificate shall be punishable by a fine of €1,500 for natural persons and €7,500 for legal persons. These penalties are doubled in the case of recidivism. The employee may also claim damages in the event of proven injury.

Exception for temporary agency

Companies temporary work are exempted from submitting the employment center certificate for the employee at the end of the employment contract.

Monthly statements of mission contracts shall be used as an attestation.

Where an obligation to non is provided for, an allowance paid to the employee must be provided for.

This obligation is provided for at the end of the employee's duties.

The payment of the allowance shall be paid in periods provided for in the employment contract or by an immediate payment in capital according to the wording of the clause.

If there is a device attached to wage savings in the enterprise, a summary statement of all the sums and securities saved must be given to the employee.