Poland: A Labour Inspector Cannot Order the Payment of Disputed Remuneration

The Voivodship Administrative Court (WSA) in Kielce, in its judgment of May 6, 2026 (case ref. no. II SA/Ke 195/26), stated that a labour inspector can order the payment of remuneration only when the benefit is undisputed and due – meaning that the right to it is beyond doubt, and the employer simply failed to pay it. If the parties to an employment relationship interpret the regulations regarding the amount or the basis of the remuneration differently, the labour inspector does not have the competence to resolve such a dispute – only the labour court has jurisdiction.

Facts of the case: a labour inspector conducted an inspection at a medical facility and found that the staff was being paid understated remuneration – specifically, lower coefficients were applied than those required by the Act on the lowest basic remuneration of certain employees of medical entities. The inspector issued an order to calculate and pay the remuneration in the correct amount, which was upheld by the District Labour Inspector. The employer challenged this decision before the Voivodship Administrative Court (WSA) in Kielce.