Where to file a complaint against a dishonest employer?

National labor inspectorate

A complaint against a dishonest employer can be filed with the National Labor Inspectorate. The author can be either a current or former employee of the company, as well as a completely unrelated person. The statement can be submitted in person, but also sent by email or delivered verbally (on site, for the record). Employees of the authority performing control activities at the employer are obliged not to disclose information that the control is being carried out as a result of a complaint, unless the complainant has given written consent to this.

Labor courts

Cases arising from the employment relationship are resolved by labor courts.

Disputes regarding the following do not fall within the jurisdiction of labor courts:

  • establishing new working and pay conditions,
  • application of work standards.

Regardless of the value of the dispute, the following cases in the field of labor law fall within the jurisdiction of district courts:

  • determining the existence of an employment relationship,
  • recognizing the ineffectiveness of termination of an employment relationship,
  • reinstatement to work and restoration of previous working or pay conditions, as well as claims pursued together with them,
  • compensation in the case of unjustified or violating regulations termination and dissolution of the employment relationship,
  • cases concerning disciplinary penalties and employment certificates, and related claims.

Local jurisdiction of the court

The lawsuit can be filed either before the court generally competent for the defendant, or before the court in whose area of jurisdiction the work is, was, or was to be performed.

Deadlines for appealing to the labor court

According to Article 264 of the Labor Code, the deadline for bringing a case to the labor court is 21 days from the day:

  • of delivery of the letter terminating the employment contract,
  • of delivery of the notification of termination of the employment contract without notice or from the day of expiration of the employment contract.

Contact

With support from the European Union

Projekt jest realizowany dzięki wsparciu ze środków Komisji Europejskiej w ramach projektu “Trade Unions for a Fair Recovery: Strengthening the role of trade unions in mitigating the impact of the COVID-19 crisis” ETUC Project 2021-11

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