Did your employer violate labour law regulations? As an employee you can assert your rights before a labour court. You can also file a complaint with the State Labour Inspection.
What can a complaint be about?
The subject of an employee complaint can especially be a violation of labour law, including occupational safety and health regulations and legality of employment, directly affecting the complainant.
What should be the form of a complaint and what kind of information should I include?
Complaints and motions can be filed:
- in writing on paper,
- in writing in electronic form,
- orally for the record.
A complaint addressed to the State Labour Inspection should:
- indicate the full name or business name of the complainant,
- indicate the address of the complainant,
- indicate the subject matter of the complaint or motion with the name and address of the entity concerned,
- be signed with a handwritten signature, if the complaint has been filed in paper form (**),
- be signed with a qualified electronic signature, a trusted signature or a personal signature, if it has been filed via electronic communication (**),
- include the address of the complainant’s means of electronic communication, if that information is not explicitly stated in the complaint, in the case of complaints filed in electronic form.
Employee complaints filed via e-mail or other means of electronic communication must have a file attached, containing the description of the complaint, signed with an electronic signature: qualified, trusted or personal one.
(**) 1. Qualified electronic signature – an advanced electronic signature within the meaning of Art. 3 (12) of the Regulation of the European Parliament and of the Council (EU) 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, verifiable by means of a qualified certificate for electronic signatures;
- Trusted signature – an electronic signature the authenticity and integrity of which are ensured with an electronic stamp of the minister competent for computerisation within the meaning of the Regulation of the Minister of Digital Affairs of 29 June 2020 on trusted profile and trusted signature;
More information:
Trusted signature and trusted profile
- Personal signature – an advanced electronic signature within the meaning of Art. 3 (11) of the Regulation of the European Parliament and of the Council (EU) 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, verifiable by means of a certificate for personal signatures;
More information: https://www.gov.pl/web/e-dowod (In Polish only)
- Handwritten signature – a regular written form of a signature in accordance with Art. 78 of the Civil Code.
Please be advised that
- A scanned letter signed with a handwritten signature does not satisfy formal requirements,
- The State Labour Inspection does not examine anonymous complaints.
Complaints against the activities of labour inspectors or employees of the State Labour Inspection, as well as motions (advice requests and other motions concerning in particular matters related to organisational improvements, strengthening of the rule of law, work efficiency improvement, and prevention of abuse of authority) addressed to the State Labour Inspection should at least indicate:
- full name or business name of the complainant,
- address of the complainant,
- the subject matter of the complaint or motion.
Additionally, in the description of their subject matter, motions concerning in particular organisational improvements, strengthening of the rule of law, work efficiency improvement, and prevention of abuse of authority should mention the name and address of the entity in question.
Complaints against the activities of labour inspectors or employees of the State Labour Inspection, as well as motions sent via e-mail or other means of electronic communication do not need to be signed with an electronic signature.
For employee complaints and other complaints filed on behalf of another person, please include a written consent of the person on behalf of whom the complaint is to be filed.
Where can I file a complaint?
Complaints about the employer’s activity should be filed with a district labour inspectorate or a sub-district office locally competent to examine the case on the basis of the employer’s seat.
Select the appropriate district inspectorate
Will the employer know who filed a complaint?
No, the data of the complainant is protected and is not disclosed in the course of inspection, unless upon a written consent of the complainant.
When will an inspection be conducted?
Employee complaints are examined without undue delay, but not later than within one month from their reception.
Will I be informed about the inspector’s findings in my case?
Yes, after the inspection, a labour inspector informs the complainant in writing, on paper or in electronic form, of the way in which the employee complaint was handled.