Case 1
Mr Jan, the owner of a paving company, failed to pay his employees, who were employed under employment contracts, on time. He justifies this by stating that they did not complete the job by the previously agreed date. What can be done?
Firstly, it should be noted that refusing to pay wages cannot be used as a disciplinary measure to ensure employees perform their duties properly or, as in this case,
on time. The correct and timely payment of wages is, after all, one of the fundamental obligations of every employer. Consequently, an employee who has not received payment for their work may either lodge a complaint with the National Labour Inspectorate or file a claim for payment with the employment tribunal. It
is worth noting that the personal data of the person lodging the complaint is protected and is not disclosed during the course of the inspection, unless the complainant gives their written consent.
Case 2
Mr Michał, an employee of a paving company, demands that his employer pay his wages before he starts work. He is employed on a contract for specific work.
In accordance with the principle of freedom of contract, the parties to a contract may structure their legal relationship as they see fit, but within the limits set by law. Given that there is no legal provision prohibiting the payment of wages in advance, there are no obstacles to Mr Michał receiving his wages before starting work in this case. It should also be noted that
an employee receiving remuneration in advance should be aware of the obligation to repay the remuneration in any situation where the work is not performed.
Case 3
Mr Zbigniew would like to pay his employees, the pavers, a bonus this month for a job well done for a key client.
How does a discretionary bonus differ from a performance-based bonus?
The difference is that in the case of a statutory bonus, also known as a contractual bonus, there are specific conditions for receiving it. In the case of a discretionary bonus, however, its award depends solely on the employer’s discretion. An employee cannot therefore demand payment of a discretionary bonus, as the employer has complete freedom to award it. The opposite is true for a statutory bonus, where an employee who meets the conditions for receiving it may demand payment, even by taking legal action.
