Services

    Employee Rights in Poland — Unfair Dismissal, Unpaid Wages, Mobbing

    We represent employees against employers in Poland — appealing a dismissal (21-day deadline), recovering unpaid wages and overtime, and pursuing mobbing, discrimination and work-accident claims.

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    As an employee in Poland you have the right to challenge an unlawful dismissal, recover unpaid wages and overtime, and pursue claims for mobbing, discrimination or a workplace accident. Mind the deadline: an appeal against the termination of an employment contract must be filed with the labour court within 21 days of service of the notice (Article 264 of the Labour Code) — after that, the case becomes much harder.

    Key facts

    Deadline to appeal a dismissal
    21 days from service of the notice (Art. 264 LC)
    Limitation period for employment claims
    3 years from when the claim falls due (Art. 291 LC)
    Court fee to file an employee claim
    None — employees are exempt from the filing fee (Art. 35(1) Court Costs Act)
    Overtime allowance
    50% or 100% of pay (Art. 151¹ LC)
    Compensation for unlawful dismissal
    From 2 weeks' to 3 months' pay (Art. 47¹ LC)
    Workplace accident
    ZUS one-off compensation + possible top-up claims against the employer
    We represent employees in disputes with employers at every stage — from negotiation and pre-action demands, through mediation, to proceedings before the labour court. We handle appeals against notice and summary dismissal, claims for reinstatement or compensation for unlawful termination (Art. 47¹ LC), and claims to establish the existence of an employment relationship where a civil-law contract or B2B arrangement in fact has the features of employment. We recover unpaid wages, overtime allowances (50% or 100% — Art. 151¹ LC), pay in lieu of unused leave, and severance. We also handle mobbing and discrimination cases, pursue the issue or correction of a work certificate (świadectwo pracy), and bring claims arising from a workplace accident — from the ZUS one-off compensation to top-up claims against the employer. We advise on termination by mutual agreement so your interests are protected, and we watch the deadlines, which in Polish employment law are short and cannot be restored without an application: a dismissal appeal is only 21 days (Art. 264 LC), and employment claims become time-barred after 3 years (Art. 291 LC).

    When do you need this service?

    • You have received a notice or summary dismissal and want to challenge it
    • Your employer is withholding wages, overtime, holiday pay in lieu or severance
    • You are experiencing mobbing, unequal treatment or discrimination at work
    • You work under a mandate or B2B contract although the conditions amount to employment
    • You have suffered a workplace accident and want to claim the benefits due to you
    • Your employer has not issued a work certificate, or it contains incorrect information

    How the process works

    1. 1
      Case and document reviewWe examine the contract, the dismissal, the work certificate, correspondence and pay records, assess the merits of the claim and — crucially — the running of deadlines, in particular the 21 days to appeal a dismissal.
    2. 2
      Demand and attempt to settleWe send the employer a demand for payment or a pre-action letter and negotiate; in many cases this is the fastest route to a settlement without litigation.
    3. 3
      Labour-court claim within the deadlineIf settlement is not possible, we file the claim with the competent labour court within the statutory deadlines; the employee generally pays no filing fee.
    4. 4
      Evidence and hearingsWe represent you at hearings, call witnesses and submit evidence (emails, pay records, working-time records) and run the case through to judgment.
    5. 5
      Judgment and enforcementOnce a favourable ruling is obtained we see it through — payment of the awarded sums, reinstatement or correction of the work certificate — and refer the matter to a bailiff if needed.

    What you'll need

    • The employment contract (or mandate / B2B contract) and any annexes
    • The notice or the employer's statement terminating the contract
    • The work certificate (świadectwo pracy) and any earlier certificates
    • Payslips, transfer confirmations and working-time records
    • Correspondence with the employer (emails, text messages, letters, workplace rules)
    • Medical records or the accident report (in workplace-accident cases)

    What we cover

    • Unfair dismissal and wrongful termination claims
    • Reinstatement and unlawful dismissal compensation
    • Recovery of unpaid wages, overtime and severance
    • Workplace mobbing and discrimination proceedings
    • Negotiating termination agreements to protect employee interests
    • Representation before labour courts at all stages

    For foreign founders and investors

    We also assist foreign employees working in Poland whose employment documents are drawn up in Polish. We explain the contract, the dismissal and the work certificate, assess whether the dismissal was lawful, and represent you in the dispute with the employer — in Polish, English or German.

    Losing a job has residence consequences for foreigners: if you hold a temporary residence and work permit, you generally must notify the voivode that your employment has ended within the statutory deadline, and your permit will not be revoked for a limited period in which you can find a new employer and file a new application. We combine the employment case with residence-law advice — see our Residence permits and immigration law service.

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    Frequently Asked Questions

    I have received a notice of dismissal — what can I do?
    You have 21 days from the date of service of the notice to file an appeal with the labour tribunal. You can seek reinstatement or compensation for wrongful termination. Consult a lawyer as soon as possible to assess whether the dismissal was lawful and to decide on the best course of action.
    How do I prove workplace harassment (mobbing)?
    Mobbing is systematic and prolonged harassment or intimidation of an employee. Key evidence includes: a record of incidents (dates, descriptions of behaviour, witnesses), emails and text messages, recordings (where lawful), medical certificates, and a psychiatric or psychological report. We will help you gather and properly document the evidence.
    My employer is not paying my wages — what should I do?
    First, send your employer a written demand for payment and keep a copy. If that fails, you can file a complaint with the State Labour Inspectorate (PIP) or bring a claim before the labour court. Wage claims prescribe after 3 years, so do not delay.
    Can I negotiate the terms of my departure with my employer?
    Yes — termination by mutual agreement gives both parties flexibility. You can negotiate a higher severance payment, an extended notice period with salary, a reference letter, or other terms. Before signing any agreement, consult a lawyer — the terms initially proposed by the employer are rarely optimal for the employee.
    Is workplace discrimination actionable under Polish law?
    Yes. The Polish Labour Code prohibits discrimination on grounds of sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religion, and sexual orientation. An employee who has been subjected to unlawful discrimination may claim compensation of at least the national minimum wage.
    Do I have to pay to bring a claim to the labour court?
    No. An employee bringing a claim in a labour-law matter is exempt from the court filing fee regardless of the value of the dispute (Art. 35(1) of the Act on Court Costs in Civil Cases). A proportional fee may arise only on appeal, where the value of the dispute exceeds PLN 50,000. Our fee for handling the case is quoted individually.
    How much can I recover for an unlawful dismissal?
    For a dismissal with notice, the court may order reinstatement or compensation of between two weeks' and three months' pay, not less than the pay for the notice period (Art. 47¹ LC). For mobbing or discrimination you may pursue additional claims. The choice and amount depend on the circumstances — we assess them on the basis of your documents.
    How do I prove overtime if my employer kept no records?
    Any traces of working time help: emails and messages sent outside hours, system and access-card logs, rosters, call records, colleagues' testimony and your own notes. The employer is required to keep working-time records, and the absence of them works against the employer. Overtime carries an allowance of 50% or 100% of pay (Art. 151¹ LC).
    What if the 21 days to appeal a dismissal have already passed?
    The deadline under Art. 264 LC is short, but the labour court may restore it on application if you missed it through no fault of your own (e.g. illness, non-delivery) — the application is filed together with the appeal, promptly after the obstacle ends. Contact us as soon as possible; we will assess whether restoring the deadline is realistic and how to justify it.

    Ready to discuss your case?

    Our lawyers are available to advise you in Polish, English, German, Ukrainian and Russian.

    Discuss your case