COMPLAINTS AND CLAIMS OF A WORKER POSTED TO POLAND
Complaints and applications to the National Labour Inspectorate
The subject-matter of the complaint
Note! PIP only examines complaints related to employment on the basis of employment contracts. Civil law contracts are controlled only on irregularities in the field of health and safety regulations at work or the charge of conclusion of a civil-law agreement in the context typical of employment contracts.
Complaints are dealt with under the control of the Labour Inspector of the National Labour Inspectorate.
Compliance inspections to workers posted to Poland may include:
1. Violation of labour laws, including regulations on safety and health at work and on the legality of employment, including in particular:
• standards and working hours and daily and weekly rest periods;
• the length of annual leave;
• minimum wage for work;
• the level of remuneration and allowance for overtime work;
• occupational health and safety;
• protection of women workers during pregnancy and maternity leave;
• employment of minors and performing work or other commercial activities by a child;
• the principle of equal treatment and prohibition of discrimination in employment,
• performing work according to the rules on the employment of temporary workers.
2. Violation of the rule of law or the interests of the applicants, negligence or improper performance of duties by the authorities or PIP employees , as well as the excessively lengthy or bureaucratic handling of cases.
Lodging a complaint to PIP does not exclude claims before the Labour Court.
Subject-matter of the application
The subject-matter of the application could constitute matters regarding improving of organisation, strengthening the rule of law, streamlining work and preventing abuse
How to lodge a complaint (application) to the National Labour Inspectorate (PIP)?
Complaints can be submitted at any organizational unit of PIP:
• in writing;
• electronically - form of e-complaint or e-application is available on the website: www.pip.gov.pl;
• verbally to the protocol.
You can submit documents in paper or electronic form as an attachment to general letter via biznes.gov.pl.
Find out how to send a general letter via bizness.gov.pl
Oral complaints or applications are received in each organisational unit of the National Labour Inspectorate. Drawing up a protocol is required, signed by the complainant and the person receiving notifications.
Formal requirements of complaint/application to the National Labour Inspectorate
The content of the correspondence addressed to the National Labour Inspectorate should contain the following information:
• the person from whom it comes from (his/her name and surname)
• address (postcode, city, street, house number and apartment) of that person,
• the subject of the matter.
If the complaint does not contain such data it will not be examined. Complaint or request submitted on behalf of another person, requires the applicant to present a written consent of this person. The National Labour Inspectorate does not examine anonymous complaints (complaints without name, surname and address).
The guarantee of anonymity
National Labour Inspectorate ensures the anonymity of employees who make a complaint, unless they give consent in writing to disclose the information that the check is carried out in connection with the submitted complaint. In some cases, the complainant may be informed that without disclosure that the audit is carried out following a complaint, the complaint will not be examined.
In the case of objections as to the conduct of a labour inspector, you can complain to the relevant regional labor inspector.
Time limit to deal with the complaint / request
Complaints and requests are subject to be arranged without undue delay, but not later than within 1 month from the date of receipt.
Notification of action taken on the complaint/request
Complaints and requests are dealt with in writing. After the completion of the procedure the person making the complaint or request shall be notified of the method of handling the matter. Notification of settling the case submitted by e-mail is addressed to the complainant unless he/she reserved different manner of transfering notification.
National Labour Inspectorate provides free of charge legal advice on labour law.
Seeking redress by workers posted to Poland
If you are an employer domiciled in an EU Member State, you can be sued by an employee:
• by the courts of the Member State in which you are a resident or
• in another Member State:
- by the court of the place where the employee habitually carries out or last usually carried out his work,
- if the employee does not habitually provide or usually did not provide work in one and the same country - in the court of the place where there is or there was a branch which employed the employee.
Under Polish law, the action in matters of labour law can be brought either before the courts of general jurisdiction of the defendant (i.e. due to the place of residence), or the court in whose jurisdiction the work is, has been or was to be performed, or the court, in whose district the establishment is operating.
What types of claims can the posted workers bring before a court?
Workers posted into the EU countries may enforce their claims for the right to employment conditions including:
• standards and working hours and daily and weekly rest periods;
• length of annual holidays;
• minimum wage;
• remuneration and allowance for overtime rates;
• performing work according to the rules on the employment of temporary workers;
• protection of workers during pregnancy and maternity leave;
• health, safety and hygiene at work;
• the principle of equal treatment and non-discrimination in employment,
• employment of minors and performing work or other activities for profit by a child.
Templates of petitions
Templates of petitions to the Labour Court are available on the websites of the district courts (service centres for the public).
The worker bringing proceedings or the appellant to the labour court and social security are exempted from the payment of legal costs. An exception is a basic fee of PLN30, charged on: an appeal, complaint, cassation complaint and application for a declaration of illegality of a final ruling in cases brought to determine the existence of an employment relationship, brought by the labour inspector.
In cases where the value of the disputed item is more than PLN 50,000, all procedural documents subject to a fee are charged a relative fee. A relative fee shall be taken in cases involving property rights; it amounts to 5 % of the value of the claim or of the object of the dispute, however not less than PLN 30 and not more than PLN 100,000.
Limitation of actions
Claims from an employment relationship shall expire after three years from the date on which the claim became due.Share Print