Poland: Penalties for Employing Maintenance Evaders Illegally

As from 1 December 2020, the Polish Labour Code includes new penalties for employing maintenance debtors without complying with the written form requirement, or paying remuneration in an amount higher than  what is indicated in the contract. If an employment contract has been concluded, without observing the written form, with a person against whom enforcement of maintenance benefits and enforcement of state budget receivables arising from benefits paid in case of ineffective enforcement of maintenance benefits is pending, and they are in arrears with the payment of these benefits for more than three months, the employer or a person acting on his behalf, is subject to a fine from PLN 1,500 to PLN 45,000.

In addition, a person who, in breach of the obligation, pays remuneration higher than the amount prescribed in the concluded employment contract, without making deductions to satisfy maintenance benefits, to an employee who is a person against whom enforcement of maintenance benefits and enforcement of state budget receivables arising from payments made in the event of ineffective enforcement of maintenance benefits is pending, and who is in arrears with the payment of these arrears for a period longer than three months, is subject to a fine of PLN 1,500 to PLN 45,000.

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact Prof. Arkadiusz Sobczyk (Partner) of Sobczyk & Partners Law Firm at arkadiusz.sobczyk@sobczyk.com.pl or visit www.sobczyk.com.pl.