Less arrears in the payment of wages. National Labour Inspectorate checks have shown that there are fewer people injured on the ground – emphasizes Index Labour Inspector Iwona Hickiewicz.
He explained that last year the number of companies niewypłacających remuneration payable to employees decreased by about 13 percent.The backlog totaled 171 million zlotys. For this we have managed to execute 102 million dollars.
– The conclusion that companies have with what you pay for, but many employers instead financed its activities – emphasizes the Minister Hickiewicz.
notes that for offenses against the rights of the employee Labour Code provides for a fine of one thousand to 2 thousand in the case of the so-called recidivism to 5 thousand. However, the court may impose a fine for the offense to 30 thousand.
How do you fight for your money?
For the employee, in relation to which the employer is in arrears with payment salary imposition of such penalty is rarely so it’s gratifying to know that the possibility of recovering the payment vested in court.
First, it is always worth to the employer to send a request for payment. This is an informal letter in which it is sought to regulate up to a specified date which will not meet the referral of the matter to court. Certainly in some cases, to send such a letter przedsądowego enough and the employer afraid of the process and its maintenance cost – to pay the arrears.
However, if the employee will immediately take legally effective steps may apply to the State Labour Inspectorate. In accordance with Art. 10 paragraph. 1 point 1 of the PIP to its task is to supervise and control the employer’s compliance with the provisions relating to salary and other benefits arising from the employment relationship.
The next article of this Act provides that the PIP authorities are entitled to order payment by the employer due to the employee salary. Such orders are administrative decision shall be immediately enforceable. The inspection may be carried out following a complaint to the PIP. The employee should not be afraid of the consequences that might be touched by their employer, who had learned who has requested an inspection, because under Article. 44 paragraph. 3 of the PIP workers performing inspection checks are required to maintain the confidentiality of information that the control is carried out as a result of a complaint (unless the applicant has given his written consent). Order for payment is issued in accordance with the rules governing administrative procedure.
An employee may also decide to pursue their claims in court. How is art. 242 § 1 of the Labour Code, “the employee may assert a claim in an employment relationship in court.” The competent courts for the settlement of these matters are labor courts or courts of labor and social security (art. 262 of the Labour Code).
It is worth noted that, in accordance with Art. 505 1 of the Code of Civil Procedure, claims arising from contracts where the amount in dispute does not exceed 10 000 zł. can be recognized in a simplified procedure in which a claim is made on the official form.
A good move is also a selection in the lawsuit that sought of adjudication or by writ or prescriptive. If the court decides that the case is suitable for recognition in one of these proceedings, consider it in closed session and in the case of the claim would order the payment which indicates that within two weeks of service of the order must satisfy a claim or bring an appeal (object / charges).
If, however, the court will consider the matter at the hearing will issue an appropriate sentence. According to the Code of Civil Procedure, the court taking into account the employee’s claim gives judgment from office immediately enforceable (in an amount not greater than the salary for one month).
If the employer fails to comply with the court’s decision to the employee there is nothing else but to take legal proceedings enforcement.
It is worth noting also that the force is the Act of 13 July 2006. on the protection of workers’ claims in the event of insolvency of their employer, which regulates when and how you can effectively claim against the employer who is insolvent (remuneration paid is a special fund).
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