Polish or Foreign Employer Not Paying Wages: How a Foreigner Defends Their Rights in 2026

Short version: a foreigner in Poland has three layers of protection against unpaid wages — the Państwowa Inspekcja Pracy (PIP), the Sąd Pracy (labour court), and the Fundusz Gwarantowanych Świadczeń Pracowniczych (the wage-guarantee fund). These mechanisms work the same for Polish nationals and foreigners on any form of employment, except illegal work. The catch: Article 88g(1a) of the Ustawa o promocji zatrudnienia releases the employer from paying wages if the foreigner worked without a permit, oświadczenie, or other lawful basis. A separate problem — remote work for a US or UK company from Warsaw: formally not a Polish contract, and PIP has no jurisdiction.

This article covers what to do in the first seven days after a missed payment, how to file with PIP, when to go to court, and the specific tools available to remote workers.

The Baseline Question: What Contract Do You Have?

The contract type drives everything — where to complain, time limits, employer sanctions.

Umowa o pracę is employment in the full sense: 8-hour day, paid leave, sick pay, ZUS contributions, dismissal protection. PIP can inspect, fine the employer (1,000–30,000 PLN), and order payment.

Umowa zlecenie is a civil-law contract under the KC. PIP can verify the contract's existence and ZUS payments — not wage debt itself. Debt collection — through the civil court.

B2B between a JDG and a company is business-to-business. PIP does not intervene. An unpaid invoice goes to a commercial court (sąd gospodarczy) and enforcement through a court bailiff (komornik).

Step 1: First Seven Days After Missed Payment

If payment is more than one day late:

1. Document in writing. Email the employer with the subject "Wezwanie do zapłaty wynagrodzenia za miesiąc XYZ". A short text: "Pursuant to the contract dated DD.MM.YYYY, please pay the outstanding salary for [period] of NN PLN gross within 7 days, failing which legal action will follow." Save your copy.
2. Gather evidence. Contract scans, prior wage transfers, correspondence, time-sheets.
3. Do not resign immediately. A written notice (wypowiedzenie) forfeits part of your rights. If you must leave — use rozwiązanie umowy bez wypowiedzenia z winy pracodawcy under Article 55 §1¹ KP, which entitles you to severance.

Step 2: Complaint to PIP

If the wezwanie is ignored, after 7–14 days file a complaint (skarga) with the Państwowa Inspekcja Pracy.

Where: the regional office (Okręgowy Inspektorat Pracy) of the voivodeship where the employer is registered. For Warsaw — OIP Warszawa, ul. Lindleya 16. Filing via ePUAP, post, or in person.

What to include:

• Employer details (full name, NIP, address).
• Your details.
• Contract type and dates.
• Specific debt amounts month by month.
• Steps already taken (attach the wezwanie).
• Request for inspection and recovery.

PIP has no filing time limit, but earlier is better. Inspectors typically respond within 30 days: they inspect the employer, identify breaches, and issue a wage-payment order (nakaz wypłaty).

Note: the PIP complaint does not block your court right. They run in parallel.

Step 3: Claim in the Labour Court

If PIP could not help, the employer ignores the order, or you have a zlecenie/B2B without PIP jurisdiction — go to court.

Where: the Sąd Rejonowy, Wydział Pracy i Ubezpieczeń Społecznych at your residence or at the place of work (your choice). For Warsaw — Sąd Rejonowy dla m.st. Warszawy, ul. Kopernika 36/40.

Court fee on labour claims is 0 PLN if the claim is up to 50,000 PLN (statutory exemption). Above — 5 % of the sum.

The pozew (claim) sets out:

• Claim value with interest calculation.
• Description of the employer's obligation.
• Facts with evidence.
• Demand — wage payment, leave equivalent, severance under Art. 55 §1¹ KP, correction of the świadectwo pracy.

Resolution time at the Warsaw labour court in 2026 — 8–14 months at first instance.

Step 4: Wage Guarantee Fund

If the employer is bankrupt (filed upadłość, opened restructuring, struck from KRS) or has physically vanished, the state Fundusz Gwarantowanych Świadczeń Pracowniczych pays in their place. Coverage:

• Wages (up to 3× the national average per month).
• Leave equivalent.
• Severance.

Filed at the regional employment office (wojewódzki urząd pracy) within 6 months of the bankruptcy event. The Fund pays within 30 days.

The Article 88g(1a) Trap — Illegal Work

Since 2024, the Ustawa o promocji zatrudnienia contains a critical foreigner-side trap: if at the time of work you had no lawful basis to work (no zezwolenie, no oświadczenie, no graduate exemption from the Wykaz), the employer is not obligated to pay wages. Formally aimed at punishing illegal hiring — in practice, the foreigner suffers.

What it means:

• If your karta pobytu expired and you kept working without filing a new wniosek — the employer may refuse payment for that period.
• If you worked on an oświadczenie that was never registered at the PUP — illegal, unpaid.
• If the employer simply did not file PIT-11 / ZUS — you still have a claim; the article addresses cases where the work itself was outside the legal frame.

Breaking this defence requires proving in court that:

• You acted in good faith believing the work was legal.
• The employer concealed the missing permit.
• Documents (contract, payments, correspondence) actually existed.

A complex claim — a foreigner has roughly a 20 % chance of winning without a lawyer.

Remote Work for Foreign Employers

A separate case — a foreigner physically in Poland working for a US/UK/DE company under a contract governed by foreign law. Pay arrives to a Polish or foreign account. Formally outside the Kodeks Pracy.

If pay stops:

Option 1: Jurisdiction in the employer's country. Sue in the US/UK/DE — slow, expensive, only realistic above EUR 30,000.

Option 2: Polish court under Brussels I. If work was actually performed from Polish territory, Regulation 1215/2012 lets the worker sue the employer in the country of work. Works for EU employers. For US/UK after Brexit — harder.

Option 3: Through a platform. If work was via Deel, Remote, or Upwork, the platforms have dispute-resolution mechanisms and reserves. Often faster than court.

Option 4: Tax filing without payment. If the salary did not arrive, but the company filed 1099 / W-2 with the IRS, that creates a US tax liability for you. This requires sync with a US tax adviser.

Limitation Periods

The clock starts when the claim becomes due (typically the 10th of the month following the period unpaid). After three years — the claim is lost, even if the debt is undisputed.

When You Need a Lawyer

Self-handling works if: a clean debt, contract on file, employer still operating, sum below 5,000 PLN, basic Polish for the PIP form.

Engage a lawyer if:

• claim above 10,000 PLN;
• employer invokes Article 88g (illegal work);
• employer is bankrupt or wound up;
• remote work for a foreign employer;
• parallel disputes (świadectwo pracy entries, mobbing, discrimination);
• you want damages on top of the wage itself.

LegalWin's labour-court representation fee — from 2,800 PLN per instance + 5 % of recovered sum. PIP complaint with materials — from 1,200 PLN.

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This article is informational. The right path depends on contract type, employer status, and your own legal position. For individual matters, please obtain legal advice.

Related materials:

• Changing employer with karta pobytu: the 15/30 days rule
• Polish tax residency: the 183-day rule
• Service: foreign workers' rights protection