In the appeal proceedings, the Regional Court in Jelenia Góra issued a landmark judgment. In the reasoning, the judge described the piece-rate-and-bonus (time-and-bonus) system in force at Zakłady Ceramiczne „Bolesławiec” (ZCB) as defective.
– The piece-rate system in force at the defendant (ZCB – editor’s note) is incomplete – said judge Ryszard Sułtanowski in the reasoning. – When performing work during an eight-hour working day, an employee is unable to say whether the employer has correctly calculated their remuneration and to hold the employer accountable for that calculation – the judge added.
Sorting department employee sues ZCB and wins case
Kamila Bandrów worked at ZCB as a sorter and packer. Proceedings were conducted before the court of first instance in Bolesławiec, in which Bandrów sought payment of the wage difference, claiming that her remuneration had been understated. She won the case. ZCB disagreed with the judgment and filed an appeal.
– The dispute concerned the mixed piece-rate-and-bonus system in August–September 2022 and 2023 – the judge explained in the reasoning of the judgment. – In general, the dispute came down to the interpretation of the company collective bargaining agreement and the contents of the employment contract. In the Regional Court’s assessment, the ruling of the court of first instance was correct – the judge added, upholding the judgment.
Defective piece-rate system. Employees do not know how much they earn
The State Labour Inspection also pointed to the defective nature of the piece-rate system, which prevents employees from determining what remuneration they can obtain under it. Why is this the case? The remuneration system at ZCB is based primarily on piece-rate work, meaning that earnings depend directly on the number of items completed. The piece-rate schedule contains products with different rates, which, given the very broad range of items manufactured by ZCB, means that an employee is unable to determine how much they earn or settle the matter with their employer.
– This system is now used to calculate our task-based bonus, so it is likewise affected by the defect – adds Agata Rusiecka, the trade union chair and Kamila Bandrów’s representative. – It is as if we were building a house on defective foundations. The foundations are cracked, yet the management stubbornly continues building on them. The foundations must be laid anew in accordance with the law, and the company’s remuneration system must be built on them – the trade union leader adds.
The problem with the defective piece-rate system has been growing since the collective bargaining agreement was terminated at ZCB. This was done by former president Sebastian Fijałkowski (Law and Justice, PiS). The management, which changed in 2024 to appointees of the Civic Coalition, has not resolved this problem. The court judgment in this case confirmed the need for change, in line with what the trade unionists have been demanding.
Management does not change the pay system, although it declares: employees come first
In an online interview, ZCB president Arkadiusz Grzesikowski and board member Wojciech Huczyński emphasized how important employees are to them. The oldest ceramics company is celebrating its 80th anniversary this year. Asked about wages at the company, Arkadiusz Grzesikowski spoke of pay rises of up to 15%, but provided no specific details.
– Lawyers are an added value for us – said Arkadiusz Grzesikowski in a YouTube interview on 11 March. – We introduced the first pay rises of the year on 1 March. They amount to up to 15%. Everything depends on the department and on the norm-setting we carry out continuously. The situation at the company regarding remuneration was quite varied and required us to do some work to calculate it more accurately – the president added.
On 11 March, we asked a series of questions, requesting clarification of the president’s online statement concerning the pay rises. Despite a reminder, we have still not received answers to the following questions:
- How many of the 420 employees received the 15% pay rise you mentioned in the YouTube interview, and how many employees received smaller pay rises?
- Will the pay rises continue in the coming months/quarters? On what principles will decisions be made?1
- What are the general assumptions of the remuneration policy for 2026?
- Will the management pay annual bonuses to employees for 2025?
- Will the social benefits fund be increased through optional contributions for pensioners and people with disabilities?
- Will employees receive additional health insurance providing faster access to medical services?
- How is the “norm-setting” of departments conducted, and how does it affect the amount of the pay rises?
Grażyna Hanaf