Publication date: 28.11.2024
How to get compensation for dismissal in Poland: lawyer's consultation
Receiving compensation for dismissal is an important step in protecting labor rights in Poland. Polish law entitles employees to financial compensation in the event of wrongful dismissal or violation of working conditions. Lawyer's consultation will help you understand the process and ensure that your rights are respected.
Legal consultation includes legal analysis of the documents and written advice that allows you to choose the best option for solving the issue.
When you are entitled to compensation
The right to compensation for dismissal is determined by the Polish Labor Code. The employee has grounds to demand compensation in the following cases:
Main cases:
- Illegal dismissal without observing the notice period.
- Dismissal due to discrimination or other rights violations.
- Termination of the employment contract without justified reasons.
- Non-compliance with the terms of the contract by the employer.
A legal analysis of a situation conducted by a lawyer in Poland allows you to accurately determine whether you have grounds to claim compensation.
What documents are required for the application
Applying for compensation requires proper preparation of documentation that will confirm your right to payment.
Main documents:
- Employment contract.
- Settlement letters from wages.
- Notification of dismissal.
- Correspondence with the employer regarding the terms of dismissal.
- Legal opinion of the lawyer on the legality of the demands.
Checking documents by a lawyer will avoid mistakes and speed up the process of receiving compensation.
How to start the process
Question
Where to start if the employer refuses to pay compensation?
Answer
- Contact a lawyer in Poland to analyze the documents and the situation.
- Prepare a written claim to the employer.
- If the employer refuses to respond, contact the labor inspectorate or the court.
- Use the services of an online lawyer to quickly resolve the issue.
An online lawyer can provide written advice and help with the preparation of documents without the need for a personal meeting.
How the labor inspection works in Poland
The labor inspectorate is a body that monitors the observance of workers' rights in Poland.
Functions of labor inspection:
Verification of compliance with labor legislation.
Consideration of employee complaints against employers.
Assistance in the settlement of labor disputes.
Issuing recommendations or prescriptions to the employer regarding the payment of compensation.
Lawyer's consultation will help you to correctly file a complaint to the inspection.
How to prepare a claim to court
If it was not possible to resolve the dispute with the employer peacefully, the next step is to file a lawsuit in court.
What to include in the statement of claim:
- Description of violations by the employer.
- Claims for compensation with justification of the amount.
- Copies of documents that confirm your position.
- Legal opinion of the lawyer for additional arguments.
Drawing up documents by a lawyer significantly increases the chances of a successful trial in court.
Advantages of contacting a lawyer
A lawyer in Warsaw or another city in Poland will be an indispensable assistant in resolving labor disputes.
What does a lawyer do:
Protects your interests at all stages of the process.
Conducts legal analysis of the documents and the situation.
Provides written advice on what to do in your situation.
Helps you file a lawsuit and represents you in court.
An online lawyer will ensure the availability of services even for employees from remote regions.
How to avoid labor conflicts in the future
To avoid problems with the employer, it is important to provide legal support in advance.
What to do:
- Carefully check the terms of the employment contract before signing.
- Regularly update your knowledge of your rights.
- In case of questions, consult a lawyer in a timely manner.
Written lawyer's consultation will allow you to avoid possible difficulties and protect your interests.
How to determine the amount of compensation for dismissal
The amount of compensation depends on many factors, including length of service, position and circumstances of dismissal. Consulting an attorney will help you estimate the amount you are entitled to.
Factors affecting the amount of compensation:
- Duration of the employment contract.
- Amount of salary before dismissal.
- Existence of non-pecuniary damage due to wrongful dismissal.
- Violation by the employer.
Legal analysis of the documents allows you to accurately calculate the amount of compensation, as well as prepare arguments for its claim.
The role of legal analysis in obtaining compensation
Legal analysis of the documents is an important stage in preparation for filing a complaint or lawsuit. It allows you to avoid mistakes and determine the best way to resolve the dispute.
Legal analysis includes checking:
- Employment contract and additional agreements.
- Dismissal notices.
- All correspondence between the employee and the employer.
A lawyer's consultation or a written consultation allows you to conduct a detailed analysis of the situation and documents in order to formulate clear requirements.
How to act in case of refusal by the employer
Question
What to do if the employer categorically refuses to pay compensation?
Answer
- Submit a formal claim detailing your requirements.
- Contact the labor inspectorate to check the legality of the employer's actions.
- Prepare a statement of claim to the court with the help of a lawyer in Poland.
- Use the services of an online lawyer for prompt preparation of documents.
The legal opinion of a lawyer will be the basis for your position in disputes with the employer.
How an online lawyer will help you avoid mistakes
Modern technologies allow you to quickly get legal support. An online lawyer ensures promptness and availability of consultations even in difficult situations.
Services of a lawyer online:
Conducting consultations through online accounts.
Completion of documents in digital format.
Providing written advice and drawing up a legal opinion.
Support at every stage of the case.
Lawyer online allows you to effectively resolve issues without leaving your home, which is especially convenient for employees from remote regions of Poland.
Getting severance pay in Poland is not only a matter of financial stability, but also of respecting your rights. Contacting an experienced online lawyer or a lawyer in Poland will provide you with the support you need at every stage of the process.
For professional help, contact the CONSULTANT legal marketplace, where you will find qualified specialists to solve your problem.
