What are my rights if I’m fired or not paid in Poland?
If you're working in Poland—whether as a local or a foreign worker—it's crucial to understand your legal rights in case of dismissal or unpaid wages. Poland has labor laws in place to protect all employees, including foreigners with valid work permits or residency. This article breaks down what you need to know and what steps you can take if you are fired or not paid.
1. Types of Employment Contracts in Poland
Before diving into rights, it’s important to know your employment status:
- Umowa o pracę (Employment contract): Offers full legal protection under the Polish Labour Code.
- Umowa zlecenie (Contract of mandate): More flexible, but offers fewer protections.
- Umowa o dzieło (Contract for a specific task): No social security or labor protection, except for agreed-upon payment.
- B2B contract (Self-employed/freelancer): You are not an employee; different legal rules apply.
Your rights depend largely on the type of contract you have.
2. If You’re Fired: Your Rights
a. Notice Period
- For umowa o pracę, the notice period depends on how long you've worked for the employer:
- Less than 6 months: 2 weeks’ notice
- 6 months to 3 years: 1 month
- More than 3 years: 3 months
- The employer must give you written notice with a valid reason, especially in the case of indefinite contracts.
b. Severance Pay
- You may be entitled to severance pay if you're let go due to company restructuring or layoffs.
- The amount depends on your tenure and company size.
c. Right to Appeal
- You can challenge the dismissal in a labour court (Sąd Pracy) within 21 days from the date of notice.
- The court may reinstate you or award compensation if your dismissal is found to be unlawful.
3. If You Are Not Paid: What You Can Do
a. Speak to the Employer First
- Sometimes payment issues are due to administrative errors. Start by raising the issue with HR or your manager.
b. Send a Formal Written Demand
- If informal communication doesn’t help, send a written request asking for payment with a clear deadline (e.g., 7 or 14 days).
c. Contact the Państwowa Inspekcja Pracy (PIP) – National Labour Inspectorate
- File a complaint with the PIP. They can inspect the employer and may order them to pay your wages.
- You can file anonymously if you fear retaliation.
d. Take Legal Action
- You can sue your employer in a labour court for unpaid wages.
- You may also request statutory interest and additional compensation for late payments.
4. Rights of Foreign Workers
Foreign workers in Poland have the same labor rights as Polish citizens if they are legally employed. This includes:
- Right to minimum wage
- Right to paid leave (for umowa o pracę)
- Right to safe working conditions
- Right to protection against unjust dismissal
Employers cannot withhold your salary or fire you without cause just because you're a foreign national.
5. What If You’re Working Illegally?
If you're working without a contract or proper documentation:
- You are still entitled to unpaid wages for work completed.
- However, taking legal action may be more difficult.
- Reporting the employer could lead to immigration consequences depending on your status, so it’s important to seek legal advice or consult a migrant support organization.
6. Where to Get Help
- Państwowa Inspekcja Pracy (PIP): https://www.pip.gov.pl
- Labour courts (Sąd Pracy): Available in all major cities.
- Free legal aid: Some NGOs and city offices provide support for workers and migrants.
- Trade Unions: Joining a union can give you added protection and legal support.
Conclusion
Whether you are a Polish citizen or a foreign worker, Polish labor law offers protections if you’re fired unfairly or not paid. It’s important to understand your contract, document any issues, and know the legal steps you can take. If you find yourself in such a situation, don’t wait—take action early to protect your rights.
