Publication date: 27.11.2024
How to get arrears of salary in Poland
Receiving the owed salary is an important right of the employee, which is guaranteed by the Labor Code of Poland. If the employer delays payment or refuses to make it, the employee has the opportunity to use legal tools to protect his interests.
The lack of payments can cause financial difficulties for the employee, but Polish legislation provides for debt recovery mechanisms. Lawyer's consultation will help to act effectively in such a situation.
The main causes of indebtedness:
- Financial instability of the employer.
- Disputes regarding the terms of the employment contract.
- Incorrect processing of documents by the employer.
- Deliberate violations of labor legislation.
A lawyer in Poland or a lawyer in Warsaw will help assess the situation and offer optimal ways to resolve the conflict.
How to understand whether there is debt
It is important for the employee to timely detect the existence of debt and establish its reasons. This will allow you to start the refund process quickly.
How to identify debt:
- Verification of settlement sheets and payments.
- Reconciliation of the terms of the employment contract with actual payments.
- Document analysis on withholding taxes and social contributions.
- Appeal to the employer for explanations.
An online lawyer or an online attorney can help conduct a legal analysis of the documents and identify violations.
What rights does the employee have regarding unpaid wages
Question
Does the employee have the right to claim compensation for delayed salary?
Answer
Yes, the employee has the right to demand not only the payment of the debt, but also compensation for the delay. This is provided for by Polish legislation. Delayed wages can cause financial hardship and the employee has the right to seek legal assistance.
Lawyer's consultation will help determine your rights and prepare requirements for the employer.
How to act if the employer does not pay the debt
If an employer refuses to pay back wages, it is important to take immediate action to protect your rights.
Basic steps:
- Send an official payment request to the employer.
- Submit a complaint to the labor inspectorate.
- Apply to the court with a claim for debt collection.
- Get written advice from a lawyer for the correct preparation of documents.
A lawyer in Poland can provide a legal opinion and represent your interests in court.
How the labor inspectorate helps in the return of wages
The Polish Labor Inspectorate has the authority to inspect employers for compliance with the law and to require the elimination of violations.
Actions of the labor inspection:
Carrying out inspections of working conditions and payments.
Request for documents from the employer.
Issuance of debt payment orders.
Referral of the case to the court in case of ignoring the requirements.
Lawyer's consultation in Warsaw will help to correctly file a complaint to the labor inspectorate and ensure effective interaction with this body.
How to prepare a lawsuit before the court
Litigation is an effective way to resolve a dispute if other methods have failed.
How to prepare a lawsuit:
- Collect all documents confirming the employment relationship and the existence of debt.
- Analyze documents with the help of a lawyer.
- File a lawsuit specifying the requirements to the employer.
- Prepare for the court session with the participation of a lawyer.
A lawyer in Warsaw or an online lawyer will help with the preparation of a lawsuit and represent your interests in court.
How legal analysis will help in the case
A legal analysis of a situation allows you to determine the strengths and weaknesses of the case, identify the employer's violations and prepare the necessary documents.
How legal analysis helps:
- Verification of documents for compliance with legislation.
- Detection of legal violations by the employer.
- Provision of a lawyer's legal opinion.
- Development of a strategy to protect the interests of the employee.
Verification of documents by a lawyer guarantees high-quality preparation for any stage of the case consideration.
How to avoid similar situations in the future
Avoiding conflicts with salary payment is possible by following certain recommendations.
Recommendations:
- Carefully check the terms of the employment contract before signing.
- Monitor the regularity of payments and compliance of the amounts with the terms of the contract.
- Consult a lawyer online for written advice in case of any doubt.
Legal advice in Poland will help you avoid risks associated with non-payment of wages and ensure the protection of your rights.
How to act if the employer avoids contact
There are situations when an employer deliberately avoids contact with an employee who is trying to collect owed wages. In such cases, it is necessary to act quickly and legally competently.
Steps to solve the problem:
- Send a written request to the employer by registered letter.
- Contact the labor inspectorate with a request for an inspection.
- Make an official lawsuit with the help of a lawyer.
- Use online accounts for prompt legal advice.
A lawyer in Poland will help prepare an appeal to the relevant authorities and avoid mistakes.
How an online lawyer can help in solving the problem
Modern technologies allow you to get legal support quickly and efficiently, using the services of online lawyers. This is especially convenient in situations where you need to act urgently.
How an online lawyer works:
Will analyze documents remotely.
Will provide written advice in the format of an electronic document.
Will help to file complaints and lawsuits through online accounts.
Will answer your questions in real time.
An online lawyer is an opportunity to get quality legal assistance regardless of your location.
How to draw up documents for the labor inspection
Drawing up documents for the labor inspection is an important stage in the fight for the owed salary. Clarity and correctness of documents increase the chances of a successful outcome.
Basic documents for application:
- Employment contract or its copy.
- Reporting on payments (settlement slips, payments).
- Correspondence with the employer about delayed payments.
- Legal opinion of a lawyer to confirm violations.
Checking documents by a lawyer guarantees that the application will be made in accordance with all requirements of Polish legislation.
How to get payments through a bailiff
If the court has made a decision in favor of the employee, but the employer refuses to comply with it, the next step is to apply to the bailiff.
Work procedure of the bailiff:
- Submitting an application to the executive service.
- Providing a court decision as a basis for enforcement.
- Execution by the executor of actions for debt collection (seizure of property, accounts, etc.).
- Payment of debt owed to the employee from the employer's accounts or property.
The lawyer's consultation in Poland will help to monitor the actions of the executor and ensure the speedy execution of the court decision.
What penalties threaten the employer for non-payment of wages
Question
What sanctions are provided for the employer for non-payment of wages?
Answer
An employer who does not pay wages may be fined under administrative or criminal articles. Sanctions may include:
- A fine of up to several thousand zlotys.
- Prohibition on conducting business activities.
- Payment of compensation to employees for delay or non-payment.
A lawyer in Warsaw or an online lawyer will help bring the employer to justice and ensure that your rights are restored.
Receiving arrears of wages in Poland is an important right that an employee can exercise by following legal procedures. Lawyer's consultation, document analysis and proper preparation of the claim guarantee a successful resolution of the dispute.
Contact the CONSULTANT legal marketplace to get the help of a lawyer or lawyer online to protect your interests.
