A Reader, an employee of DIP in Bolesławiec, informed us about problems with payments. The matter is reportedly affecting 10 people whose salaries have allegedly been paid in instalments or not at all since May. According to our Reader, all outstanding amounts were supposed to be settled “after the sale of the equipment”, but this did not happen. The woman also added that contact with the employer is difficult: “The employees are still being fobbed off”.

We also received information that several employees of the company in question had filed complaints with the National Labour Inspectorate (PIP) in this matter.

We asked about it. Mariola Smolnicka-Gojdka, head of the PIP Branch in Jelenia Góra, Mariola Smolnicka-Gojdka:

Between 2 October 2024 and 7 November 2024, the Jelenia Góra Branch of the District Labour Inspectorate in Wrocław received complaints from several employees of DIP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, based in Bolesławiec at 25 Dolne Młyny Street. All the complaints essentially concerned the late payment of wages or their failure to be paid in full.

With regard to all the complaints submitted, the office decided to initiate and conduct an inspection at the company. The labour inspectors assigned to examine the cases took steps on 25 October 2024 to begin the inspection, but no person authorised to represent the company was found at its registered office, and there were no signs of business activity. The company’s premises are closed and no one is there. The labour inspectors made efforts to contact the people representing the company; however, so far these efforts have not resulted in the inspection being initiated. Attempts to establish contact are still ongoing.

In a letter to the employees, PIP announced that a “new deadline for completing the inspection activities had been set for 16 December 2024”.

What can an employee do when an employer does not pay on time?

Head M. Smolnicka-Gojdka:

An employee who has not received wages for work may file a complaint with the National Labour Inspectorate. Following an inspection confirming that wages have not been paid, a labour inspector of the National Labour Inspectorate may take legal measures aimed at securing payment of the wages due. Depending on the facts established, this may include issuing an administrative decision ordering payment of the wages—a payment order—or issuing a post-inspection notice. If there is a justified suspicion that the offence of failing to pay wages has been committed, a labour inspector may submit a request to the court to impose a penalty for the offence specified in Article 283 § 1 of the Act of 26 June 1974, the Labour Code (Journal of Laws of 2023, item 1465, as amended, and of 2024, item 1222), punishable by a fine of PLN 1,000 to PLN 30,000. These actions may be taken as a result of findings made during an inspection, and therefore only when conducting an inspection is possible.

She also adds:

Regardless of filing a complaint with the National Labour Inspectorate, an employee may bring an action before the labour court seeking payment of wages or another benefit arising from the employment relationship. If the employee believes that a person representing the company has maliciously or persistently violated employee rights, they may notify the competent law enforcement authorities (the police) in connection with the commission of the offence specified in Article 218 § 1a of the Act of 6 June 1997, the Criminal Code (Journal of Laws of 2024, item 17, as amended in 2024, item 1228).

We also asked the Bolesławiec company about the matter—to be precise, on 6 November. So far, we have received no response.