Where should one report an unfair employer to?

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Where should one report an unfair employer to?

Depending on the type of problem, there may be several answers. If you have any concerns, or need assistance, please contact us!

The union 

If there is already a union at your place of employment, contacting it and trying to work together to resolve the issue at a company level may be the best and simplest solution. Equal and fair working conditions for all employees is in everyone’s interest. This route also requires much less paperwork. We also strongly encourage you to join a trade union at your place of employment, or to form one if you do not already have one!

State Labor Inspectorate (Państwowa Inspekcja Pracy)

You can file a complaint against an unfair employer with the National Labor Inspectorate. The complaint can be filed by a current or former employee of the company in question, as well as by an outsider. The complaint may be submitted in person, but it may also be submitted by e-mail or delivered orally (on the spot, for a record). Employees of the authority carrying out inspection activities at the employer’s premises are obliged not to disclose information that an inspection is being carried out as a result of a complaint, unless the complainant has agreed to this in writing.

Labor courts

Matters of the employment relationship are resolved by the labor courts.

The labor courts do not have jurisdiction over disputes concerning:

  • establishment of new working conditions and wages,
  • application of labor standards.

The competence of district courts, regardless of the value of the object of dispute, includes cases under the labor law:

  • for determining the existence of an employment relationship,
  • for declaring the termination of employment ineffective,
  • for reinstatement of work and restoration of previous work or pay conditions, as well as claims asserted jointly with them
  • for compensation in the case of unjustified or infringing termination or termination of the employment relationship,
  • cases concerning penalties and certificate of employment and claims related thereto.

Place of Jurisdiction

A suit may be filed either before the court having general jurisdiction over the defendant or before the court in whose jurisdiction the work is, was or was to be performed.

Time limits for appealing to the labor court

Pursuant to the provisions of Art. 264 of the Labor Code, the time limit for bringing a case to the labor court is 21 days from

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