Document certifying the termination of employment
The basic document certifying the termination of employment is either an agreement on termination of employment, dismissal from employment or immediate termination of employment by an employee or employer. The most common form of termination of employment is dismissal by the employee. The termination of the employment relationship must be made in writing and HR Department It is necessary to pay attention, first of all, to the following:
- Check that the document has all the legal requirements
- Pay attention to its proper delivery, which is best demonstrated by the signature of both the employee and the employer with the addition of the date when the document was delivered.
Certificate of employment
Another important duty that is entrusted to the personnel department upon the departure of an employee is the issuance and delivery of a certificate of employment. This certificate must be issued by the employer and handed over to the employee upon departure. This is a legal obligation, and the requisites of the employment certificate are precisely established. If the employer does not hand over the certificate properly, he runs the risk of a fine from the State Labor Inspection Office, but he may also be asked for compensation for damage incurred by the employee as a result of not issuing this certificate. Typically, this is the impossibility of taking up a new job.
Cancellation of access to the internal network, internal system and e-mail
The HR department must ensure that the outgoing employee does not have access to internal systems. Most often this is done by canceling his personal account in the corporate network. According to the legal rules, the email box of an employee should also be canceled in the same way. Persons other than the outgoing employee should not have access to the email box. The easiest way is to inform all business partners about the change of their contact email address and redirect incoming emails to the mailbox of another employee who takes over the job.
Return of all transferred property
Work aids and documents are always the property of the employer. The employee is obliged to return them all at the end of the employment relationship, unless he agrees with the employer to buy back the computer, for example. The return of all the transferred property is again a task for the personnel department, which must know which aids were entrusted to the employee. It is advisable to prepare a handover protocol, in which the employee claims in writing that he has returned all work aids, and the personnel department confirms everything with his signature.
The administration of the return of the transferred property is very time consuming, but the personnel department can handle it simply in a few minutes if it has a high-quality record of the transferred property.
Resolve wages, vacation, salary reimbursement
When an employee leaves, the personnel department has the task of resolving the issue with wages. He must arrange for the last salary to be sent to the employee's account, check whether all statutory leave has been collected. If the vacation has not been exhausted, the employer must reimburse it to the employee. For this reason, the personnel department usually checks the status of the vacation before the employee leaves and, if necessary, orders the employee to finish it at the time of his notice period. In the last salary, the personnel department must not forget about any surcharges or compensation of wages.
Control of vacation drawdown will greatly simplify softwaresthat can register and administer everything without the need for the intervention of the personnel department.
Management of the working component of the employee
The right to keep the employee's personal file to the employer expires at the end of the employment relationship. However, this does not mean that the employer must destroy the file immediately. The employer has the right to retain selected information about the employee. This is the information that is needed for a possible dispute or the final termination of legal proceedings or a statute of limitations. This period shall be 3 years after the end of the employment relationship. After that, it is necessary to discard the working component. However, payroll and other specific documents are not subject to this obligation; on the contrary, their required archiving period is 30 years.
Maintaining a work folder and its correct cancellation is a demanding administrative part of everyone's job HR specialists. Substantial simplification of this part of the work of HR specialists will provide the registration of all documents and information about the employee in one place, preferably in data form.
Notification of termination of employment to the authorities
Very short deadlines are provided by the laws for notifying the employer of the termination of employment to the relevant state authorities. Do not forget that within 10 days from the date of termination of employment, you are obliged to report the vacancy to the employment office, fulfill the obligation to notify the employment office of the former employee, notify the court or insolvency administrator that the obligor has ceased to work with you. In addition, it is necessary to inform the employee's health insurance company and the relevant OSSZ about the departure.
Supplementary obligations
Work review
The employer does not have to issue an employment report automatically at the end of the employment relationship, but only if the employee so requests. In this case, the employer has 15 days to issue an opinion, but it may not be earlier than 2 months before the end of the employment relationship.
Checking the Competitive Clause
We recommend checking if a competitive clause has been negotiated with the employee. In the case of its agreement, we draw your attention to the limitation of the agreement period of 1 year and the necessary remuneration for the former employee to comply with the obligations in the clause, otherwise the clause is invalid.
Duty of confidentiality
If an employee does not have an obligation of confidentiality laid down in his employment contract even after the termination of the employment relationship, it is advisable to establish this obligation upon his departure, for example in an agreement on termination of employment, and, where appropriate, ensure compliance with a contractual penalty.
