Publication date: 04.09.2024
Unlawful dismissal is a serious violation of labor rights that can have significant consequences for both the employee and the employer. In Poland, as in many other countries, the law protects the rights of employees by giving them the opportunity to claim compensation in case of unfair dismissal. However, the process of applying for compensation can be complicated and requires a thorough understanding of Polish labor law. In this article, we will look at the main steps and aspects of this process.
Determining whether the dismissal is unlawful
Before applying for compensation, it is important to make sure that your dismissal was indeed illegal. Conducting a thorough legal analysis of the situation will help you determine whether you have grounds for a claim.
Signs of unlawful dismissal in Poland:
- Lack of a justified reason for dismissal
- Violation of the dismissal procedure
- Discrimination on any grounds
- Dismissal as a form of retaliation for an employee's complaint or appeal
Qualified legal advice can help you understand whether your situation meets the criteria for unlawful dismissal under Polish law.
Gathering evidence and documentation
After establishing the fact of unlawful dismissal, the next important step is to collect all the necessary evidence and documents. A thorough legal analysis of the documents is critical at this stage, as it will help determine which materials will be most useful for your case.
Key documents and evidence:
Employment contract and all annexes thereto
Correspondence with the employer
Documents on dismissal
Testimonies of colleagues (if available)
Documents confirming your achievements at work
An experienced lawyer in Poland can help you organize these materials and determine which ones have the most legal weight.
Deadlines for filing a claim
There are clear deadlines in Polish law for filing a lawsuit for unlawful dismissal. Meeting these deadlines is critical to the success of your case. A timely legal analysis of the situation will help you not to miss important deadlines.
Question
What is the deadline for filing a claim for wrongful dismissal in Poland?
Answer
In Poland, an employee has the right to file a claim for unlawful dismissal within 21 days of receiving a notice of dismissal. However, as the lawyer's legal opinion points out, in some cases this deadline may be extended if the employee can prove that he/she had valid reasons for missing this deadline.
It is important to understand that missing this deadline can seriously complicate or even make it impossible to receive compensation. Therefore, it is recommended that you seek professional legal assistance as soon as possible after your dismissal.
Preparing and filing a claim
Drawing up a claim is a critical step in the compensation claim process. A properly drafted claim increases your chances of success in court. Having your documents professionally reviewed by a lawyer can significantly improve the quality of your claim.
Key elements of a claim:
- Detailed description of the circumstances of the dismissal
- Argumentation of the illegality of the dismissal
- List of evidence supporting your position
- Claims for compensation and/or reinstatement
A qualified online lawyer can provide you with detailed advice on how to draft each section of the statement of claim and ensure that it meets all the requirements of Polish law.
The court process and possible outcomes
After filing the statement of claim, the trial begins. This can be a lengthy and complex procedure that requires a deep understanding of Polish labor law and case law. A detailed legal analysis of the situation at each stage of the process can significantly increase your chances of success.
Possible outcomes of the proceedings:
- Reinstatement to work and payment of compensation for forced absenteeism
- Payment of compensation without reinstatement
- Dismissal of the claim
A professional online lawyer can provide you with support at every stage of the litigation process, helping you prepare for hearings and respond to the arguments of the opposing party.
Alternative methods of dispute resolution
While litigation is often unavoidable, there are alternative methods of resolving employment disputes that can be faster and less stressful. Consideration of these options may be useful before proceeding to court. A legal analysis of the situation will help determine whether these methods are appropriate for your particular case.
Alternative dispute resolution methods:
Mediation
Arbitration
Negotiations with the employer with the participation of the trade union
A qualified lawyer in Warsaw can provide you with individualized advice on the most effective way to resolve your employment dispute, taking into account all the circumstances of the case.
Calculation of compensation
Determining the amount of compensation for unlawful dismissal is a complex process that depends on many factors. A professional legal analysis of the documents and the situation in general will help you formulate a reasonable claim for compensation.
Factors affecting the amount of compensation:
- Length of employment with the company
- Salary amount
- Circumstances of dismissal
- Difficulty in finding a new job
For detailed written advice on the calculation of potential compensation, it is recommended to contact an experienced attorney specializing in employment law.
Filing for compensation for unlawful dismissal in Poland is a complex process that requires a deep understanding of labor law and case law. From determining whether the dismissal was unlawful to preparing a statement of claim and participating in the trial, each stage has its own nuances and potential pitfalls. The key to success is not only the availability of strong evidence of the illegality of the dismissal, but also the proper legal documentation and presentation of your case. A professional legal opinion from a lawyer and a comprehensive analysis of documents can be decisive factors in achieving fair compensation. If you are a victim of unlawful dismissal in Poland, do not underestimate the importance of qualified legal support. Contact the legal marketplace KONSULTANT, where you can find an experienced lawyer specializing in labor law and experienced in handling cases of unlawful dismissal in Polish courts. Remember that investing in professional legal support is an investment in protecting your labor rights and financial future. The right legal strategy will help you not only to receive fair compensation, but also to restore your professional reputation and self-confidence.
