Strona domowa 9 Baza 9 Violation of employee rights 9 Non-payment of remuneration 9 Employment contract 9 Lawsuit before the Labor Court
Strona domowa 9 Baza 9 Violation of employee rights 9 Non-payment of remuneration 9 Employment contract 9 Lawsuit before the Labor Court
Strona domowa 9 Baza 9 Violation of employee rights 9 Non-payment of remuneration 9 Employment contract 9 Lawsuit before the Labor Court

Lawsuit before the Labor Court

Another option is to file a claim with the labor court—a lawsuit for payment of wages along with interest for the delay. The legal document should be addressed to the court with jurisdiction over the employer’s registered office. The claim can be submitted in person, sent by mail, or filed through a legal representative. If you cannot afford a lawyer or do not know how to draft the claim, you can apply for the appointment of a court-appointed attorney or legal advisor. You can also take advantage of free legal aid or free citizen counseling (advice is available at approximately 1,500 locations across Poland, in every district). A professional lawyer can assist beneficiaries in drafting appropriate documents, such as a lawsuit, a request for exemption from court fees, or a request for the appointment of a court-appointed attorney.

In the lawsuit, you should include:

  • personal data (first and last name, PESEL number, address),
  • data of the defendant (name and address of the employer),
  • the content of the claim, including the value of the subject of the dispute, —that is, the amount of unpaid wages for work.

    • The letter should state that you demand payment of the outstanding remuneration together with interest (from the due date to the date of payment). The lawsuit must include the amount of unpaid remuneration. A complete set of documents (including a copy of the contract) must be prepared in 3 copies: for yourself, the court, and the defendant. A person who asserts their rights before a labor court must remember that employee claims expire 3 years after the due date.

    Application for the appointment of a court-appointed attorney

    An application for the appointment of an attorney or legal advisor is submitted together with a request for exemption from court costs. The court will grant such an applicationmay approve if it considers the participation of an attorney or legal advisor in the case to be necessary. The application for the appointment of an attorney or legal advisor must be accompanied by a declaration containing detailed information about your family status, assets, income and sources of income, which should be confirmed, if possible, by appropriate documents (certificate of earnings, personal income tax return, etc.). If the application for the appointment of an attorney or legal advisor is submitted together with a request for exemption from court costs, the individual needs to attach only one statement. This statement should be prepared in accordance with the established template available on the website:

    https://www.gov.pl/web/sprawiedliwosc/formularze-pism-procesowych-w-postepowaniu-cywilnym

    Template for an application for the appointment of a court-appointed attorney or legal advisor can be found HERE.

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