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urgent help with umowa - my boss wants to cancel the contract before 1 month notice period expires


ufo973 10 | 89
26 Jul 2014 #1
Hello folks,

I need urgent help from you guys please...

I have 1 year contract (umowa o prace) with the company i am working and it is mentioned in the contract that we have to inform each other 1 month in advance before leaving the job.

Now the situation is that yesterday i had some argument with my boss and she told me that she wants to cancel the contract and pay me for this month(july) only.

My question is...if she wants to cancel the contract at the end of this month (july), is she obligid to pay for the next month (August) too? because she is canceling the contract without any advance notification?

Thank you very much!
InWroclaw 89 | 1,915
26 Jul 2014 #2
I don't know the answer but frankly I've heard of situations where a teacher doesn't get paid for months and there's no easy or practical way to get the wages due from the employer. I don't know whether she has to do more or not, but if it were me I'd be grateful for July's money and look for another job pronto.
legate - | 46
26 Jul 2014 #3
Yes, she is, unless you agree to terminate the contract. She's also obliged to give you a termination notice which complies to the requirements specified by the law.
Roger5 1 | 1,458
26 Jul 2014 #4
it is mentioned in the contract that we have to inform each other 1 month in advance before leaving the job.

But does it explicitly say that you are entitled to a month's pay should an event like this occur? You would do better to walk away as soon as you get paid. In my opinion you are on a hiding to nothing. It's not worth pursuing this through legal channels, even if you are in the right. Only the ***** lawyers would win. Put it down to experience. (You could, of course, seek revenge, but I won't put ideas into your head.)

Mods. Why is the word beginning 'w' synonymous with 'prostitute' not allowed?
jon357 63 | 14,255
26 Jul 2014 #5
The Labour Courts in Poland are cheap, quick and effective (the opposite of the rest of the court system). The employer probably wouldn't expect you as a foreigner to go to them however I know an English Teacher who did and he won. Take a Polish speaker with you if you aren't confident with the language.
Roger5 1 | 1,458
26 Jul 2014 #6
ufo. I bow to jon's greater knowledge of the labour courts, but you still have to ask yourself whether the embuggerence is worth it. If you have a good Polish friend who is willing to file the case (translated, of course), take time off work to hold your hand in court, and argue your case, then you might want to go for it. I'd be inclined (if the sum involved were less than 5k) to inform the employer that she is breaking employment law by not paying you, and initially threatening legal action. If you prepare well, she might see sense; alternatively you might slap hands at 50%. If that didn't faze her, I'd just make sure her name stank all over town, including at the tax, employment and ZUS offices. That would at least give you the satisfaction of knowing she'd suffered as a result of her actions.
jon357 63 | 14,255
26 Jul 2014 #7
ufo. I bow to jon's greater knowledge of the labour courts,

I've never done one myself (but I was once threatened with one) however as far as I know, it's more an office where you file a complaint than a courtroom.

I suppose it all depends on a. how much money is involved, b. how much the OP needs that money, and c. if there's a point of principle involved.

inform the employer that she is breaking employment law by not paying you, and initially threatening legal action.

This make a lot of sense as the first (and ideally only) step.


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