Publication date: 05.09.2024
Non-payment of wages in Poland: how to file a lawsuit for a Ukrainian
For many Ukrainians, working in Poland has become an opportunity to improve their financial situation. However, sometimes labor migrants face a serious problem - non-payment of wages. In such a situation, it is important to know your rights and the algorithm of actions to receive your earnings. Let's take a closer look at how a Ukrainian can file a claim for non-payment of wages in Poland and protect his or her interests.
Reasons for non-payment of wages and their legal consequences
Non-payment of wages can have different reasons, but regardless of them, it is a violation of labor law. An employer is obliged to pay wages to employees on time and in full.
Main reasons for non-payment of wages:
- Financial difficulties of the company
- Bad faith of the employer
- Errors in accounting
- Labor conflicts
- Bankruptcy of the enterprise
Regardless of the reason, non-payment of wages is a reason to seek legal consultation. The service of legal analysis of a situation will help to determine the best strategy for solving the problem. The service of legal analysis of the documents can also be useful for assessing your position.
Question
What should I do if my employer delays payment of my salary?
Answer
If the employer delays the payment of wages, first of all, you should address them with a written request for payment of the arrears. If this does not work, you should file a complaint with the Polish State Labor Inspectorate (Państwowa Inspekcja Pracy). At the same time, you should use the service of lawyer's consultation to assess the prospects of litigation. The online lawyer service may be especially convenient for Ukrainians working in Poland.
Preparing to file a lawsuit
Before filing a lawsuit, it is important to collect all the necessary documents and evidence. This will help to substantiate the claims and increase the chances of a favorable court decision.
Documents required to file a lawsuit:
- Employment contract or other document confirming the employment relationship
- Payroll payslips
- Documents on actual hours worked
- Correspondence with the employer regarding non-payment of wages
- Testimonies of colleagues (if any)
The verification of documents by a lawyer by a lawyer will help to make sure that all the necessary papers are collected and properly executed. The service of legal opinion of a lawyer can also be useful for assessing the prospects of the case.
Filing a lawsuit: procedure and deadlines
Filing a lawsuit in court is a serious step that requires careful preparation. It is important to follow the established procedures and deadlines.
The main stages of filing a lawsuit:
- Drawing up a statement of claim
- Payment of the court fee (if necessary)
- Filing a lawsuit in court at the employer's location
- Waiting for a court decision to accept the claim for consideration
- Participation in court hearings
The service of legal analysis of the documents will help you to correctly draw up a statement of claim and prepare all the necessary annexes. The service of a lawyer in Poland can be especially useful for supporting the entire process.
Question
What are the deadlines for filing a lawsuit to recover wage arrears?
Answer
According to Polish law, the statute of limitations for claims related to employment is 3 years. This means that an employee has the right to apply to the court for the recovery of wage arrears within 3 years from the date when the arrears arose. However, it is important to remember that the sooner you apply for the protection of your rights, the greater the chances of a successful resolution of the case. The written consultation service can help you better understand your rights and obligations in this situation.
Peculiarities of court proceedings in cases of unpaid wages
Court proceedings for non-payment of wages have their own peculiarities. It is important to be prepared for them in order to effectively protect your interests.
Key aspects of court proceedings:
The court may order an expert examination to determine the exact amount of the debt
The employer may file a counterclaim
Possibility to conclude a settlement agreement at any stage of the process
The need to prove the fact of labor relations and non-payment of wages
The service of legal analysis of a situation will help you prepare for all possible scenarios of litigation. The online lawyer service can provide ongoing support throughout the process.
Enforcement of a court decision
Obtaining a positive court decision is not the end of the process. It is important to ensure that it is enforced in order to receive the money you have earned.
Stages of enforcement of a court decision:
- Obtaining a writ of execution
- Applying to a bailiff
- Search for the debtor's property
- Recovery of funds from the employer's accounts
- Realization of the debtor's property (as a last resort)
The service of a legal opinion may be useful for assessing the prospects of enforcing a court decision and developing a strategy for obtaining funds. The service of a lawyer in Warsaw may be especially useful if your employer is located in the capital of Poland.
Alternative ways to resolve labor disputes
Litigation is not the only way to resolve labor disputes. There are alternative methods that may be effective in certain situations.
Alternative dispute resolution methods:
- Mediation
- Negotiations with the employer
- Contacting a trade union
- Arbitration
The legal opinion service will help you determine which dispute resolution method will be most effective in your particular situation. The legal analysis service can also be useful for evaluating different options.
Question
Is it possible to resolve the issue of non-payment of wages without going to court?
Answer
Yes, you can try to resolve the issue of non-payment of wages without going to court. First of all, it is worth negotiating with the employer, possibly with the participation of a mediator. It may also be effective to contact a trade union or the State Labor Inspectorate. These methods often allow you to reach a compromise and receive your overdue wages without a lengthy legal process. The lawyer's consultation service will help you choose the most appropriate way to solve the problem in your case. The service can also provide valuable advice on alternative ways to resolve the dispute.
Prevention of problems with salary payment
It is better to prevent a problem than to solve it later. There are certain steps that can help avoid situations with non-payment of wages.
Preventive measures:
- Thoroughly check the employer before employment
- Conclusion of a detailed employment contract
- Regular communication with the employer on financial issues
- Keeping personal records of time worked and payments
- Timely response to payment delays
The document analysis service will help you to check the employment contract and other documents before signing, which will reduce the risks of problems with salary payments in the future. The legal opinion service can also be useful for assessing potential risks.
Non-payment of wages is a serious problem that requires decisive action. Ukrainian workers in Poland have legal ways to protect their rights, including going to court. It is important to act quickly and competently, using all available legal instruments. You should not hesitate to solve the problem, as this can lead to the loss of earned money and a deterioration in your financial situation. If you are faced with non-payment of wages in Poland, do not hesitate to seek professional legal consultation. The legal marketplace CONSULTANT offers a wide range of services, including the service of a lawyer, the service of a lawyer online and the service of legal analysis of a situation. Qualified professionals who specialize in labor law and have experience in resolving similar cases will help you effectively protect your rights and receive your earnings. Remember that timely legal consultation significantly increases the chances of a positive resolution of a labor dispute.
