Publication date: 23.08.2024
What to do if a Polish employer does not pay wages?
Non-payment of wages is a serious violation of labor law, which can put an employee in a difficult financial situation. If you are faced with such a situation in Poland, it is important to know your rights and possible solutions to the problem. In this article, we will look at the step-by-step actions you can take if your Polish employer does not pay your salary. The service of legal analysis of a situation will help you to better understand your rights and opportunities in a particular case.
Check the terms of the employment contract
Before taking any action, it is important to check the terms of your employment contract. The verification of documents by a lawyer by a lawyer will help you make sure that all the terms and conditions of remuneration are clearly spelled out.
What to look for in an employment contract:
- The amount of salary
- Date of payment of salary
- Form of payment (cash or non-cash)
- Additional payments and bonuses
- Terms of payment for overtime work
A clear understanding of the terms of your employment agreement will help you to defend your rights with arguments. The legal analysis of the documents service can provide you with a detailed analysis of your employment contract.
Documentation of non-payment of wages
It is important to have documentary evidence of non-payment of wages. The legal analysis of the documents service will help you to properly prepare all the necessary evidence.
Documents that can confirm the non-payment of wages:
- Payroll slips
- Bank account statements
- Correspondence with the employer regarding non-payment of wages
- Testimonies of colleagues (if available)
- Time sheets (if available)
Collecting and properly processing these documents can significantly strengthen your position in the event of a lawsuit. The document analysis service will help you organize all available evidence.
Communication with the employer
Before filing a formal complaint, try to discuss the situation with your employer. The lawyer's consultation service will help you prepare for such a conversation.
Steps for a constructive dialog with your employer:
- Prepare all the necessary documents
- Make an appointment with your manager or HR representative
- Calmly state the essence of the problem
- Ask about the reasons for the delay in payment
- Suggest possible solutions
If the employer makes contact and offers to resolve the situation, be sure to get all agreements in writing. The service of a legal opinion of a lawyer will help you to properly formalize such agreements.
Question
Is it possible to claim compensation for delayed payment of wages?
Answer
Yes, according to Polish labor law, an employee has the right to claim compensation for delayed payment of wages. This compensation is called “interest for delay” and is calculated for each day of delay. The amount of interest is determined by law and may vary. In addition, if the delay in payment has resulted in financial losses to the employee (for example, inability to pay a loan on time), he or she may claim additional compensation. It is important to note that a claim for compensation must be made in writing. The service of a legal opinion can help you correctly calculate the amount of compensation and draw up a corresponding claim against the employer.
Appeal to the State Labor Inspectorate
If negotiations with the employer have not yielded any results, the next step may be to contact the State Labor Inspectorate (Państwowa Inspekcja Pracy). The service of a lawyer in Poland will help you to properly file such an appeal.
The process of applying to the State Labor Inspectorate:
Prepare a written complaint describing the situation
Attach copies of all supporting documents
Send the complaint by mail or submit it in person
Wait for a response and appointment of an inspection
Cooperate with the inspector during the inspection
The State Labor Inspectorate is authorized to conduct an inspection of an employer and impose fines for violations of labor laws. The legal analysis service will help you assess the results of such an inspection and determine the next steps.
Filing a lawsuit in court
If all the previous steps have failed, you have the right to file a lawsuit with the labor court. The online lawyer service will help you prepare all the necessary documents for the trial.
Key points when filing a lawsuit:
- Compliance with the statute of limitations
- Correct execution of the statement of claim
- Preparation of all necessary evidence
- Calculation of the amount of debt and compensation
- Payment of court fees (if applicable)
Litigation can be lengthy, but it is an effective way to protect your rights. The legal opinion service will help you assess the prospects of litigation and prepare for it.
Voluntary resignation due to non-payment of wages
In the event of systematic non-payment of wages, you have the right to voluntary resignation without notice. The online lawyer service will help you to properly formalize such a dismissal.
Features of dismissal due to non-payment of wages:
- Submit a written resignation letter
- Indicate the reason for dismissal - non-payment of wages
- Demand immediate payment upon dismissal
- Get all the necessary documents (employment record book, income statement)
- Gather all the evidence of non-payment of wages for a possible trial
It is important to remember that such a dismissal does not deprive you of the right to demand payment of wage arrears. The service of a lawyer's consultation will help you protect your rights upon dismissal.
Protection of the rights of foreign workers
Foreign workers in Poland have the same rights regarding remuneration as Polish citizens. The service of a lawyer in Warsaw will help you to understand the peculiarities of protecting the rights of foreign workers.
Additional steps for foreign workers:
- Check the legality of your employment
- Contact the embassy of your country for support
- Consult with organizations that protect the rights of migrants
- Consider changing employers if your work permit allows it
- Keep all documents related to your employment and residence in Poland
Protecting the rights of foreign workers can be more complicated, but no less important. The written consultation service will help you develop a strategy for protecting your rights as a foreign worker.
Question
What will happen if I do not solve the problem of non-payment of wages?
Answer
Ignoring the problem of non-payment of wages can lead to serious consequences for the employee. First, you risk losing a significant amount of money that is legally due to you. The longer the non-payment lasts, the more difficult it may be to recover the full amount owed. Second, it can negatively affect your financial situation, leading to debt and problems paying bills. Thirdly, prolonged non-payment of wages may affect your social security rights, as social security contributions may also not be paid. Finally, ignoring the problem may encourage the employer to continue violating labor laws, which may negatively affect not only you but also other employees. Therefore, it is very important to respond to non-payment of wages in a timely manner and take active measures to protect your rights. The legal opinion service can help you assess all the risks and develop an effective strategy for solving the problem.
Non-payment of wages by a Polish employer is a serious violation of labor rights that requires immediate action on the part of the employee. It is important to remember that you have legal ways to protect your rights and receive your earnings. From negotiations with the employer to contacting the State Labor Inspectorate and filing a lawsuit in court, each step can bring you closer to resolving the problem. The key to success is timely action and proper documentation of all aspects of the situation. You should not delay in resolving the problem of non-payment of wages, as this can lead to significant financial losses and other negative consequences. If you are faced with such a situation, do not hesitate to seek professional legal consultation. Legal Marketplace CONSULTANT offers a wide range of services, including legal analysis and attorney services, which will help you effectively protect your rights and receive the wages you are entitled to. Remember that your work deserves fair pay, and you have every right to demand it.
