Publication date: 27.11.2024
Employer does not register with ZUS in Poland: help of a lawyer
Registration of employees with ZUS (Zakład Ubezpieczeń Społecznych) is a mandatory requirement for employers in Poland. It guarantees social and pension security, provides access to health insurance and accident protection. If the employer does not fulfill this duty, the employee remains deprived of many important rights.
Often, the violation occurs due to the desire to reduce costs or due to the ignorance of the employer. Consulting a lawyer will help the employee understand his rights and take steps to resolve this situation.
Consequences of irregular registration with ZUS for the employee:
- Lack of pension savings.
- Impossibility of receiving paid sick leave.
- Limiting access to health insurance.
- Complications in case of a labor dispute.
Legal advice or written advice from a lawyer in Poland will help to respond correctly to violations.
How to check if your employer has registered you in ZUS
Question
How to find out if the employer fulfills the obligations before ZUS?
Answer
You can check the status of registration in ZUS in several ways:
- Contact ZUS in person or through online accounts.
- Receive a statement of contributions from the employer.
- Check health insurance payments through the ZUS personal account.
An online lawyer or an online lawyer will help you correctly submit a request to ZUS and receive confirmation of registration.
What to do if the employer does not fulfill its obligations to ZUS
If the employee discovers that the employer does not register him with ZUS, he must immediately take measures to protect his rights.
Basic steps:
- Notify the employer about the violation.
- Contact the labor inspectorate to check the company's activities.
- Submit a complaint to ZUS with a request to check contributions.
- Use the services of a lawyer to prepare the necessary documents.
Checking documents by a lawyer will make sure that all your actions comply with the law.
What documents are required to apply to ZUS
In order to prove the fact of violation by the employer, it is necessary to prepare a package of documents. They will confirm the employment relationship and the employer's obligations to the employee.
Main documents:
- Employment contract or other document confirming employment.
- Payment information or bank statements.
- Correspondence with the employer about the payment of contributions.
- Legal opinion of a lawyer on compliance of documents.
A lawyer's consultation in Warsaw will help you to prepare the application correctly and avoid mistakes.
How the labor inspection will help in solving the problem
Question
Can the labor inspectorate help in the event of an employer's breach of obligations to ZUS?
Answer
Thus, the Labor Inspectorate of Poland (Państwowa Inspekcja Pracy) has the right to check the activities of employers for compliance with labor legislation. The employee can submit a complaint to the labor inspectorate with a request to consider the issue of ZUS contributions. An online lawyer will help prepare a complaint and provide proper legal support.
What fines the employer faces for violations
An employer who does not register employees with ZUS violates Polish legislation. Such a violation may result in the imposition of fines or other sanctions.
Possible consequences for the employer:
- Administrative fines.
- Payment of unpaid installments together with interest.
- Criminal liability in case of systematic violations.
- Lawsuits from employees.
A legal analysis of a situation will help to assess the chances of success in the dispute with the employer.
How legal advice will help to solve the problem
Legal consultation is an important stage in the fight for your rights. A lawyer in Poland will help assess your situation and develop an optimal strategy of action.
How a lawyer will help:
Will conduct a legal analysis of the documents.
Will provide written advice on next steps.
Prepares a legal opinion for submission to the labor inspectorate or the court.
Lawyer's consultation will ensure a correct and effective response to a violation by the employer.
How to act in case of legal proceedings
Question
What to do if the case regarding ZUS contributions has reached the court?
Answer
In case of legal proceedings, it is important to prepare all the documents that confirm the employment relationship and violations on the part of the employer. A lawyer in Warsaw will help you draft a lawsuit, represent your interests in court and ensure a positive outcome.
How to prevent such violations in the future
To avoid similar situations in the future, employees are advised to verify the employer's actions from the very beginning.
Recommendations:
- Carefully check the terms of the employment contract.
- Make sure that your employer registers you with ZUS.
- Consult a lawyer before signing any documents.
Written advice from a lawyer or an online lawyer will help you avoid unscrupulous employers.
How to confirm the fact of employment without a contract
Employers often violate the law by hiring workers without an official employment contract. In such situations, the employee may face difficulties in proving the fact of employment, especially when it comes to ZUS contributions.
How to confirm employment:
- Providing testimony from colleagues or other witnesses.
- Collection of documents confirming the performance of works (schedules, invoices).
- Saving electronic or paper correspondence with the employer.
- Contacting a lawyer for a legal analysis of a situation.
A lawyer in Poland will help to collect evidence and prepare a statement to the relevant authorities. Consulting a lawyer will allow you to correctly issue an appeal to resolve the dispute.
How ZUS checks the employer's activities
ZUS has the right to initiate inspections of the activities of employers who violate their obligations regarding the registration of employees. Such inspections are carried out on the basis of complaints or as part of planned activities.
The main stages of ZUS verification:
- Document analysis submitted by the employer.
- Field inspection of working conditions.
- Requests to employees about confirmation of employment relations.
- Imposition of fines or other sanctions for detected violations.
Legal analysis of the documents will allow you to prepare for the inspection and ensure a clear statement of the employee's position. A lawyer in Warsaw will provide written advice on cooperation with ZUS.
How to protect your rights in case of discrimination
Sometimes employers avoid registering employees with ZUS due to discriminatory reasons, for example, because of nationality or foreigner status. In such cases, the employee has the right to apply to the court or other authorities to protect his rights.
Actions for protection:
Preparation of an application to the labor inspection or ZUS.
Providing evidence of discrimination, if any.
Lawyer's consultation to prepare a lawsuit.
Representation of interests in court with the help of a lawyer.
Legal advice in Poland will help you avoid mistakes in such cases and provide professional support at every stage of protecting your rights.
Non-registration of employees in the ZUS by the employer is a serious violation that can harm the employee. In such situations, it is important to act quickly, seek legal advice and take measures to protect your rights.
Contact the CONSULTANT legal marketplace to get professional help in resolving conflicts with your employer and ensure your social security.
