Publication date: 27.08.2024
How to Protect Yourself from Unlawful Dismissal in Poland: Advice for Employees
Employment in Poland opens up many opportunities for foreigners, but it also requires knowledge of your rights and obligations. One of the most important aspects of employment relations is protection against unlawful dismissal. In this article, we will explore the main ways an employee can protect themselves from wrongful termination of employment in Poland.
Understanding the Grounds for Lawful Dismissal
Before discussing protection against unlawful dismissal, it's important to understand what grounds for dismissal are legal in Poland. This will help you better assess the situation and determine if your dismissal is indeed unlawful. A legal analysis of a situation can help you understand the specific circumstances of your case.
Legal grounds for dismissal in Poland:
- Expiration of the employment contract
- By mutual agreement
- Employee's initiative (voluntary resignation)
- Employer's initiative with justified reasons
- Staff reduction or company liquidation
It's important to note that even with legal grounds, the dismissal procedure must follow established rules. A legal analysis of documents can help verify if all necessary formalities have been observed in your dismissal.
Signs of Unlawful Dismissal
Recognizing signs of unlawful dismissal is key to protecting your rights. Sometimes employers may try to disguise an unlawful dismissal as legal, so it's important to be vigilant and know your rights.
Main signs of unlawful dismissal:
- Lack of justified reason
- Discrimination on any grounds
- Violation of dismissal procedure
- Dismissal as a form of retaliation for an employee's complaint or appeal
- Dismissal during vacation or sick leave
If you suspect your dismissal may be unlawful, it's worth seeking legal advice. A professional lawyer can assess the situation and provide recommendations for further actions.
Documentation and Evidence
In case of unlawful dismissal, having appropriate documentation and evidence can be a decisive factor in protecting your rights. Therefore, it's important to take care of collecting and storing necessary documents in advance.
Important documents for protection against unlawful dismissal:
- Employment contract and all addenda
- Job description
- Correspondence with the employer (emails, messages)
- Performance evaluations and feedback
- Documents about awards, bonuses, professional development
Verification of documents by a lawyer can help you properly prepare and systematize all necessary documentation for effective protection of your rights.
Question
What should I do if the employer refuses to provide copies of documents related to my dismissal?
Answer
If your employer refuses to provide copies of documents related to your dismissal, this may be a sign of violation of your rights. In such a situation, you have the right to file an official complaint with the Polish State Labor Inspectorate. The Inspectorate has the authority to conduct an inspection and oblige the employer to provide the necessary documents. Additionally, you can go to court with a demand for access to the documents. In any case, it is recommended to use the services of an attorney online to get a professional assessment of the situation and develop the most effective strategy to protect your rights.
Actions in Case of Threat of Unlawful Dismissal
If you feel that you are threatened with unlawful dismissal, it's important to act quickly and competently. Correct actions at this stage can help prevent dismissal or create a solid foundation for further protection of your rights.
Collect all possible evidence that confirms your effective work
Document all instances of discrimination or unfair treatment
Seek a legal opinion of an advocate to assess the situation
Inform the employer about your concerns in writing
Contact the trade union if you are a member
Remember that preventive measures are often the most effective. A legal analysis of the documents can help you properly prepare all necessary appeals and statements.
Procedure for Appealing Unlawful Dismissal
If unlawful dismissal has occurred, it's important to know the procedure for appealing it. A properly conducted appeal can lead to reinstatement and compensation.
Stages of appealing unlawful dismissal:
- Submitting a written complaint to the employer
- Appealing to the State Labor Inspectorate
- Filing a lawsuit with the labor disputes court
- Participating in the court process
- Execution of the court decision
Each of these stages requires careful preparation and knowledge of the law. A legal opinion from a lawyer can be invaluable at every stage of the appeal process.
Deadlines for Appealing Unlawful Dismissal
Knowing and adhering to deadlines for appealing unlawful dismissal is critically important. Missing established deadlines can lead to loss of opportunity to protect your rights.
- Deadline for submitting a complaint to the employer: usually 7 days from receiving the dismissal notice
- Deadline for going to court: 21 days from the day of receiving the dismissal notice
- Deadline for appealing the first instance court decision: 14 days from receiving the decision
It's important to remember that these deadlines may differ depending on the specific circumstances of the case. An online lawyer can help you accurately calculate the deadlines and submit all necessary documents on time.
Compensation for Unlawful Dismissal
If the dismissal is recognized as unlawful, the employee is entitled to compensation. The amount and types of compensation may differ depending on the circumstances of the case.
Possible types of compensation:
- Reinstatement
- Payment of salary for the period of forced absence
- Compensation for moral damage
- Payment of court costs
To receive maximum compensation, it's important to properly justify your claims. A legal analysis of a situation will help you assess the potential amount of compensation and develop a strategy to obtain it.
Question
Can I claim compensation if I found a new job after unlawful dismissal?
Answer
Yes, you can claim compensation even if you found a new job after unlawful dismissal. The fact of employment in a new job does not deprive you of the right to compensation for unlawful dismissal from your previous job. You can claim compensation for the period from the moment of unlawful dismissal until the moment of employment in a new job, as well as compensation for moral damage. Additionally, if your new job is less paid, you can claim compensation for the difference in salary. An advocate online can help you correctly calculate the amount of compensation and prepare the necessary documents to obtain it.
Prevention of Unlawful Dismissal
The best way to protect yourself from unlawful dismissal is to prevent it from occurring. There are a number of preventive measures that can help strengthen your position at work and reduce the risk of unlawful dismissal.
Preventive measures:
- Careful study of the employment contract before signing
- Regular documentation of your work and achievements
- Maintaining professional qualifications
- Knowledge of your rights and obligations
- Effective communication with management
A lawyer in Poland can help you develop an individual strategy to protect against unlawful dismissal, taking into account the specifics of your work and industry.
Protection against unlawful dismissal in Poland is a complex process that requires knowledge of your rights, the ability to recognize signs of violations, and readiness to actively defend your interests. It's important to understand that ignoring the problem of unlawful dismissal can lead to serious consequences, including loss of job, income, and even the possibility of further employment in Poland. Therefore, timely response to the first signs of dismissal threat and seeking professional legal help is key. The legal marketplace CONSULTANT offers a wide range of services that can help you at every stage of protection against unlawful dismissal - from document analysis to attorney representation in court. Remember that your awareness and willingness to defend your rights is the best protection against illegal actions by the employer. Don't delay in seeking professional help, as this can be a decisive factor in preserving your job and protecting your labor rights in Poland.
