Establishing a fixed and regular deadline for transferring payouts for the period worked is a basic issue raised during the commencement of work. This is even regulated by the Labor Code. In spite of this, many employees regularly face problems related to receiving a salary on a date. What to do if the employer is late with the payment?
The Polish labor market is constantly changing, however, regardless of the period under consideration, it is characterized by a strong differentiation. The work is undertaken under various civil-law contracts – for work, commission, and work. There are also entrepreneurs who run sole proprietorship and self-employed. The gray zone, which despite being outside the law (work without contracts) regularly undergoes regular research, is interesting. In the latest report of the Central Statistical Office of October 2018, 5.4% of the total employed in the labor market work in it.
Delays in salary payment are a common phenomenon
Regardless of the form and nature of employment, a commonly encountered problem in the labor market is the late payment of salary. Thousands of employees complain each year about money reaching long after the set date or passed on to incomplete. According to the National Labor Inspectorate’s report from 2016, the annual amount of arrears reaches even PLN 180 million. On average, employers “are in arrears” to employees with an amount of around PLN 12,000.
In the face of problems with timely obtaining a salary, it is worth being aware of your rights and obligations towards dishonest or inaccurate employers. Timely payments, yes, do not always have to be the result of the intentional actions of the employer. Such phenomena, however, put people who work at serious risk of financial problems and other related problems – health, family, and others.
The employer is late with the payment – and what next?
In the beginning, it is worth paying attention to the issue of the payment deadline itself. Formally, this issue is regulated by art. 85 of the Labor Code. He says that the pay payable once a month must reach the employee’s account by the 10th business day of each month. It is worth adding, however, that another practice has been adopted in this matter. According to her, the employer establishes with his employee his own, agreed by mutual consent day, in which funds will be regularly paid.
In the event of a delay in payment, it is worth considering several aspects.
- It should be assessed whether the situation is happening for the first time or is repeatedly repeated.
- It is also worth determining whether the employer explained the delay in any way or whether it was not explained by the lack of timely transfer of the payment/withdrawals.
- In the case of a one-time delay, it will also be convicted that there is no system failure, technical problems of the bank or too late sending a transfer before the weekend.
In the case of certainty that delays in payment of wages occur due to the fault or deliberate act of an unfair employer, it is worth taking up the fight against such practices – they are a crime. The law provides specific measures for them.
The employer does not pay on time? Report it!
The PIP is a competent office that supervises and enforces compliance with the provisions of the Labor Code against the labor market. Under the abbreviation is the National Labor Inspectorate. You should inform her about the situation, providing all necessary information about the employer and circumstances that result in the lack of timely received remuneration.
If such notification is received, the PIP must initiate the inspection procedure. Finding confirmation of the employee’s allegations, a penalty may be imposed on the employer. PIP has the right to grant it, but the case may also be transferred to the municipal court. At that time, an employer can impose up to 30 thousand PLN fine.
The general amount of the fine depends on how long and under what circumstances the employer evades the obligation to pay his employee on time. For each day of delay, interest is charged, and the employee has the right to take several decisive steps in court.
Employee rights in the event of late payment of salary
If the National Labor Inspectorate, as mentioned above, confirms the consumer’s allegations against a dishonest employer, then the employee has the right to redress.
- He may apply for compensation in the amount of overdue salary or overdue salary. You can add interest for each day of delay, which amount falls on the employee’s account.
- The employee also has the right to terminate the employment contract with immediate effect, recognizing the employer as guilty of the situation.
- If the contract is terminated, the employee also has the right to apply for compensation for the period of notice.