The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Home / Law  % width posts: 6

My chef salary not paid yet - Poland's National Labour Inspectorate can help?


Shizuka 10 | 44
13 Jan 2015 #1
Hi everyone.
Thank you for helping me always when I ask.

Now I am in difficult situation,in hell,more like.

I am hired as Japanese chef at some JP restraunt,so came here in last month.My work contract 15 Nov 2014 to 14 Nov 2015.
When I talked with my boss who is Japanese before I moved to Poland,he said the restraunt open in dec,so I believed his word,quit my job in Japan,,,

It turns out,the restraunt has'nt been opened yet,my salary never get paid,because "the restraunt is not open,he can't afford my salary"

I have work permit which I took in Polish embassy in Japan.
I am thinking to sue this a**hole or report to PIP(PaƄstwowa Inspekcja Pracy)
I have no knowledge about Polish labour law for foreigner.
Anybody please give me advices or something I should prepare to sue him or leave him.
I really want to leave this project,but Is there any possibility he could sue me,even I don't take salary?
I checked PIP HP,but all are written in Polish,couldn't find any info.If anyone who is lawyer or know labour law,please help me...

I am so desparate :( Thank you for your all help in advance.

Thank Polish forum for changing titles-It might be better to get attention from viewers.
cms 9 | 1,271
14 Jan 2015 #2
Unless you have signed contract they are very unlikely to get involved. If younhave a signed contract it might be worth it but speak to your boss before you take that step and try and find a solution
pigsy 7 | 305
14 Jan 2015 #3
but speak to your boss before you take that step

Exactly and make sure you tell him during the end of conversation politely what you plan to do.I would even hire a lawyer if you have problems in polish language.
OP Shizuka 10 | 44
14 Jan 2015 #4
Thank you for answering,cms.

Unless you have signed contract they are very unlikely to get involved.

I have work permit which I got in Japan,is this useable?(on this paper,there are term of work,my salary price,company address,but only boss's signed,not my sign.Tell the truth,we have not made work contract yet)

Thank you for answering pigsy

Of course I would hire a lawer if nesessary...He is Japanese,so first I will talk him that I want to leave his project.

Do you think it is possible,I get paid,and leave from him? If I agree work permit,I could be sued?
Harry
14 Jan 2015 #5
I have work permit which I got in Japan

You don't have a work permit; work permits are not issued in Japan. Your work permit will be issued in Warsaw, by the labour office here. Work permits can only be issued to people who are in Poland legally. What you got in Japan was a residency permit, which was granted on the basis of a promise of a work permit issued by the labour office in Warsaw. The work permit is technically issued to your boss (and paid for by him); you can't actually apply for a work permit for yourself (unless you have your own company, but that's a whole different kettle of fish).

is this useable?

Useable for what exactly?

It turns out,the restraunt has'nt been opened yet,my salary never get paid,because "the restraunt is not open,he can't afford my salary"

You need to talk to him and explain that his business problems are his business problems. You are not going to get a share of the profits, so you aren't going to accept a share of the losses. If he doesn't have the money now, you can discuss deferral of payment of some of the debt but you need some money now and you want all of the money eventually.

He is Japanese,so first I will talk him that I want to leave his project.

I'd very much suggest that you tell him you want to stay in the project but you need to get paid; if you can't get paid by him, you will need to find somebody who will pay you.

Do you think it is possible,I get paid,and leave from him?

Possible. I wouldn't fancy your chances though. From the sounds of it he is having problems, so by the time you have taken him to court and won, he might have just pulled the plug and walked away from the company. A settlement is very much in your interests.

If I agree work permit,I could be sued?

No. He has broken the (unwritten, apparently) contract, so you are no longer bound by it.
OP Shizuka 10 | 44
15 Jan 2015 #6
Thanks Harry.

Useable for what exactly?

I am wondering if I could use my visa as work contract,but in your tips,my work permit has not been issued,and we haven't made any contract between me and the employer.

I have found now I am in trouble with my visa because my boss didn't do anything about social insurance which he was supposed to do it within 15 business days after I came in Poland. Now even I have a visa,my status become like a tourist.so today I am going to prefecturual office,explain what's happening,want to leave this company,already found next job etc...

I have no friends here in Poland,my employer was only person I could rely on,but he's just so useless..


Home / Law / My chef salary not paid yet - Poland's National Labour Inspectorate can help?
BoldItalic [quote]
 
To post as Guest, enter a temporary username or login and post as a member.