What should I do if my employer is not paying me in Poland?

Experiencing delayed or unpaid wages can be frustrating, especially when you're living and working in a foreign country. If you’re working in Poland and your employer hasn’t paid you on time or is refusing to pay altogether, it’s important to know your rights and the steps you can take to resolve the issue legally and effectively.

This guide outlines what you should do if your employer in Poland fails to pay your salary.

1. Know Your Rights as an Employee in Poland

Under Polish labor law, employers are legally obligated to pay employees their wages on time. Key points include:

• Payment Deadline: Salaries must be paid at least once a month, by a pre-agreed date (commonly the 10th of the following month).
• Written Contract: Employment terms must be outlined in a written contract, specifying your salary, job role, and payment schedule.
• Delayed Payment: Even a delay of a few days is a breach of contract and can be challenged.

This applies regardless of your nationality or the type of employment (e.g., full-time, part-time, or fixed-term).

2. Confirm the Details and Gather Documentation

Before taking action, double-check the following:

• Employment Contract: Review the section that outlines your salary and payment schedule.
• Payslips and Bank Statements: Gather evidence of previous payments and the missing one.
• Communication Records: Keep all emails, messages, or correspondence with your employer regarding salary discussions.

This documentation will be crucial if you escalate the issue legally.

3. Contact Your Employer Directly (Step One)

In many cases, unpaid wages can be the result of a clerical error or temporary cash flow problem. Start by:

• Politely asking your employer or HR department for clarification.
• Requesting a written explanation for the delay.
• Setting a deadline for payment in writing (email is sufficient), asking for a clear payment date.

Always remain professional and avoid confrontational language in written communication.

4. Send a Formal Written Demand

If the issue isn’t resolved informally, send a formal written request (wezwanie do zapłaty) demanding payment. This letter should include:

• Your full name and PESEL (if applicable)
• Employer’s name and address
• Contract reference
• Amount owed and due date
• New deadline (usually 7 to 14 days)
• Statement of intent to report the case to authorities if unpaid

Deliver this letter via registered mail or email with confirmation of receipt.

5. Report to the National Labour Inspectorate (Państwowa Inspekcja Pracy)

If your employer still refuses to pay, you can file a complaint with the National Labour Inspectorate (PIP). This service is free and available to both Polish citizens and foreigners.

How to file a complaint:

• Visit https://www.pip.gov.pl
• Locate your local branch (Wojewódzki Inspektorat Pracy)
• Submit your complaint in writing or in person
• Include evidence: contract, payslips, communication, and your formal written demand

PIP inspectors can investigate your employer, impose fines, and help mediate disputes.

6. Take Legal Action (Labour Court)

If administrative action doesn’t work, you can file a lawsuit in Poland’s labour court (Sąd Pracy).

Steps:

• File a claim at your local labour court (based on your place of employment)
• Provide all documentation supporting your claim
• You don’t need a lawyer, but having one may help, especially if the employer disputes your claim
• If successful, the court can issue an enforcement order to recover your unpaid wages

Note: The process may take several months, but it is a powerful legal option if others fail.

7. If You’re a Foreigner on a Work Visa

Unpaid wages may affect your residence and work permit status if you’re a non-EU citizen. Key things to keep in mind:

• Don’t leave your job without documentation; if you resign due to non-payment, report it to the Voivodeship Office (Urząd Wojewódzki).
• Seek help from migrant support centers, like legal aid clinics or NGOs supporting foreign workers (e.g., La Strada Foundation, Caritas).
• Report exploitation to both PIP and the Office for Foreigners if your rights are being violated.

8. Additional Support Services

• Trade Unions (Związki zawodowe): You can join a union and receive legal support, even as a foreigner.
• Legal Aid Clinics: Some universities and NGOs offer free legal advice.
• Embassy or Consulate: Contact your home country’s embassy in Poland for guidance and possible intervention.

Final Thoughts

Unpaid wages are a serious breach of Polish labor law. Whether you are a local or a foreign worker, you have the right to receive fair and timely payment for your work. Don’t hesitate to escalate the issue legally if needed. Knowing your rights and the proper steps to take can protect you from further abuse and help ensure justice.

If you are in this situation and need help drafting a formal letter or complaint, feel free to reach out or leave a comment with your specific issue.