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17 Oct. 2022

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The employer in Poland does not pay the salary. What to do?

Finance
For refugees
Poland

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The employer in Poland does not pay the salary. What to do?

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Failure to pay wages is one of the most unpleasant situations that foreign workers in Poland can face. We tell you what you can do if the employer in Poland does not pay the earned money and what mechanisms of influence exist.

Obligations of the employer regarding salary payments


In Poland, the issues of employee benefits are very clearly regulated by the Labor Code. It states that the employer is obliged to timely pay the salary to each employee in the amount determined by the contract.


Salary must be paid at least once a month and at a pre-agreed time. Payments must be made at the end of the month for the previous month. The last date of payment is the 10th of the following calendar month. If the money is not transferred to the employee by this time (in Poland, the salary is usually paid by transfer, cash is possible at the employee's request), then this is already considered a delay and a violation of the employee's rights.


What to do if payment is delayed?


Wezwanie do zaplaty is a written demand for payment that the employee can send to the employer. To make requests, you can use a ready-made form, or make a document in an arbitrary form.


Wezwanie do zaplaty sample can be downloaded here.


The following data must be entered in Wezwanie do zaplaty:

• Company address;

• Full name of employer and employee;

• The type of employment contract that was concluded;

• Amount of debt and period of default;

• The term in which the debt must be paid is usually several weeks;

• Requisites for charging funds;

• Sanctions that will be applied to the employer if he does not comply with the requirements.


Wezwanie do zaplaty should be sent by post, registered letter. Make sure the document is received and keep the receipt.


If the employer ignores your letter and you have not received the arrears of wages, then use stronger tools of influence.


It is not enough to simply make a claim and hand it over to the employer. The debtor at any moment will declare that he has not received any demands. Therefore, the fact of the transfer of the document must be documented:


 • Send under the personal signature of the employer. It is possible to do this in isolated cases, but still, this method should not be ruled out.

• Submit with registration in the appropriate service of the enterprise, with the assignment of an entry number, etc.

• Send by registered mail with acknowledgment of receipt. The last method is most often used, but when calculating the payment terms in the request, it is worth setting aside time for the work of the post office.


A complaint against the employer to the Labor Inspectorate (LIP) is another tool for defending one's rights and interests as an employee. You can notify the inspectorate about the violation, including the delay in payment of wages, through the site.


The inspectorate can start an inspection, and after confirming abuses, demand that the employer immediately pay back wages and other payments - such a demand is subject to immediate fulfillment. In addition, the labor inspectorate can initiate proceedings against the employer and impose sanctions on him or refer the case to court.


Application to the Labor Court - labor courts in Poland work well. The court may order that the employer must pay not only back wages, but also interest and compensation if you have been harmed by their actions.


It is important to remember! If the amount owed by the employer to the employee does not exceed PLN 50,000, you will not have to file a lawsuit. And if this amount is greater, the payment is 5% of the owed amount. If the court decides in your favor, this 5% must be paid by the employer. You can also apply for a financial hardship exemption.


If the subject of the dispute is up to 75 thousand Polish zlotys, file a lawsuit in the district labor court. And if the subject of the dispute exceeds 75 thousand Polish zlotys, file a lawsuit in the district labor court. You are not obliged to do this personally, you can use the help of a labor inspector.


Termination of the employment contract is also a solution to the problem. Delay in payment of salary, payment of an incomplete amount or even absolute non-payment is a serious violation of the employer's obligations. And this is a sufficient reason for unilateral termination of the employment contract with immediate effect.


Attention! Remember that the basis for protecting your rights in court are documents certifying that the employment relationship. Do not accept illegal work and always require a contract to be signed before starting work.