No payment due to employer's fault
Many employees think that they cannot do anything when their employer is unreliable about their wages. Sometimes it is about overdue salaries, sometimes it is about paying only a part of the amount due to us, but there are also situations when employees do not receive money for working overtime. You cannot agree to this type of fraud, so it is advisable to file a complaint with the National Labour Inspectorate or choose to have your wages enforced in court.
If you intend to seek help from the National Labour Inspectorate (PIP), you can find its registered office in every voivodeship town or find out where its branches are located in slightly smaller towns. Remember that non-payment of wages to employees is a very serious violation of applicable laws, so do not hesitate to report it. Of course, it is necessary to approach this rationally and enforce your rights from a simple conversation with the employer, who can at least inform us about the temporary problems of the company and set a deadline by which we will receive the outstanding amount. If there is no willingness to agree, we should instead submit an official letter. Let us prepare them in duplicate and ask for confirmation of receipt at the secretariat in order to have proof that we have made an attempt to 'get along'. If that doesn't work, we can start acting in a different way.
Inspector powers - Many people fear that a complaint submitted to a labour inspector is tantamount to the disclosure of their data. Yes, it is necessary, but this information is protected and will not be disclosed to the employer. He will also not be informed for what reason the company's control has been ordered. What information should be given to the inspector? These are primarily pay dates and the total amount of outstanding wages, i.e. salaries, bonuses and equivalents. The necessary documents can be requested from the employer, and the inspector has 30 days to familiarize himself with our complaint and the possible inspection in the company. A labour inspector is also a person who can help us to prepare an application to the labour court, but also has the right to order our employer to pay outstanding wages. The fine for such arrears is up to PLN 2,000, but if the inspector decides to refer the case to the municipal court, it may increase to as much as PLN 30,000. Further evasion of the employer's obligation to pay wages on time may result in enforcement proceedings and subsequent fines. Lack of results of such action results in the submission to the prosecutor's office of a report on the commission of a crime by a given employer.
Employment Court - The Employment Court is responsible for resolving all types of disputes that arise from or are related to an employment contract. Unfortunately, as in most courts, there is a lot of patience to be had here, too, because cases can take place for many months. However, it is worth choosing such a path, because in most cases the judgment is favorable for employees, and in addition to the reimbursement of overdue wages we can also claim compensation. Employers often make settlements, but if this does not happen it is enough to go to a bailiff who will take care of recovering our money. For this to be possible, however, you must first file a lawsuit for payment, which must include the amount of money your employer owes you and a description of your professional situation.
In such a lawsuit, you may also claim the aforementioned damages or the payment of default interest due to us. In the former case, however, it must be proven that we have suffered concrete damage as a result of the arrears in remuneration. Such cases in labour courts are usually settled in favour of employees, but in many cases the problem arises only after a judgment has been given. Often it is very difficult to enforce the money granted to us from the employer. It happens that it no longer has any property or it has been rewritten for family members. In this context, it is worthwhile to apply in advance on the basis of which the court will issue a provisional order. In such a case, the judicial officer shall secure the employee's claims until a judgment is given. It is also important not to worry too much about the costs of debt collection, as all enforcement fees are collected exclusively from the debtor. Remember what? It is worth knowing that we can file such a lawsuit to the labour court within three years from the moment when our claim became due. It is therefore the day on which the employer ceased to pay wages. In this case, the limitation period shall be interrupted on the day on which the complaint is lodged with the labour court. In the case of winning, however, we have 10 years after the judgment becomes legally valid to recover our money.