The employee may pursue his rights related to the employment contract in court, but what if he does not have the strength, money and extraordinary inclination to do so?

One of the guiding principles of the Labor Code is that when there is a dispute with the employer, the employer and the employee should try to settle the matter amicably.

The employee has the right to request the initiation of conciliation proceedings before the Conciliation Commission before taking the matter to court.

In addition, it is worth emphasizing here that if there is a company trade union in the company / workplace, it will appoint such a commission together with the employer. However, if such an entity does not exist, the employer should appoint it on its own after discussions with other employees.

There are several conditions an employer must respect when setting up a conciliation committee, these are:

• The committee should consist of at least 3 people.
• Members of the Committee cannot be, for example, the chief accountant, a legal advisor serving the company or a person working in human resources.
• Expenditures related to the activities of the conciliation commission, such as the costs of premises, are borne by the employer, who is also obliged to provide the commission with technical means enabling its proper functioning.
• The Committee operates on the basis of regulations, which it should adopt itself, bearing in mind the applicable law.
• The committee’s work is properly initiated by an employee’s request for an amicable settlement of the dispute.
• Settlement of the case by settlement should take place within 14 days.
• The parties may indicate their arguments, a settlement is possible if it is not contrary to the principles of social coexistence and if it is not unlawful.

When an employee hastily (e.g. under time pressure) agrees to the conditions proposed by the employer – which are ultimately not favorable to him, he may apply to the Labor Court to declare the settlement ineffective if he believes that the settlement violates his legitimate interest. He has 30 days from the date of conclusion of the settlement to do so. This period is shorter in cases concerning the termination, expiration or establishment of an employment relationship and amounts to 14 days.

If no settlement is signed during the debates of the Conciliation Commission, the Commission, at the employee’s request, submitted within 14 days from the date of completion of the conciliation proceedings, immediately transfers the case to the Labor Court. The employee’s request for an amicable settlement of the case by the conciliation commission then replaces the statement of claim.

The case in court does not preclude the possibility of an agreement. A settlement is still possible because the case can also be referred to mediation, which can take place with the participation of a professional and independent mediator, then the settlement is approved by the Court.

A dispute with an employer is not easy for either party, so know your rights and obligations. This will add self-confidence, but above all – arguments when fighting for your rights.

Source:https://poradnikprzedsiebiorcy.pl/-spor-z-pracoda-jak-polubownie-rozwiazac-problem

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.