When is the employer withholding employee’s workbook unlawfully and what is the due compensation?

With Interpretative Decision № 1/2019 issued under Interpretative case 1/2019 the Civil Division of the Supreme Court of Cassation has put an end to the controversial case-law concerning the filling in and return of workbook in the events of employment agreement’s termination, namely: as of which moment is the employer obliged to return the workbook to the employee, when is the withholding of the workbook unlawful and what is the due compensation.

According to the given interpretations:

  • When the workbook is kept by the employer, the latter should fill in the necessary information and return it to the employee within the day of termination of employment agreement, at the workplace of the employee. Should the company fail to abide by this rule, it is in default as of that day;
  • In case the workbook is kept by the employee, the employer should within 5 days of termination of the employment invite the employee to hand in the workbook, so that it can be duly filled in. Employer is obliged to return the workbook within the same day, otherwise he is in default and owes compensation to the employee. It should also be noted, that if the employee fails to provide the employer with the workbook or the needed assistance, then the employee himself is in default, as a result of which the employer is released from the consequences of non-performance;
  • Employer owes compensation to the employee amounting to the employee’s gross salary for the time the workbook is being unlawfully withheld.

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