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Founded in 2020
3 people in their team
English
Anna Niewulis is a legal counsel in Suwałki who provides legal services to individuals, entrepreneurs, and companies. Her practice includes civil, family, employment, property, administrative, and consumer bankruptcy matters, with experience serving housing communities and property managers.The...

Founded in 2005
1 person in their team
English
Adwokat Artur Pietraszkiewicz has operated his law practice in Suwałki since 2005, handling criminal, civil, family and employment matters. Before becoming an advocate, he spent more than seven years working at several public prosecutor's offices, where he conducted and supervised...
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What an unlawful dismissal claim in Suwałki can involve

Polish employment law may allow an employee to challenge a dismissal that breaches statutory procedure, lacks a legally adequate reason where one is required, or violates special protections. Depending on the circumstances, the employee may seek reinstatement or compensation through the labour court.

For work performed in Suwałki, the competent court may be the Labour and Social Insurance Division of the District Court in Suwałki. Venue depends on the claim and the statutory rules, so confirm the correct court before filing.

A key deadline is short: employees generally have 21 days from receiving notice of termination, or from receiving immediate termination, to bring a claim. A court may restore a missed deadline in limited circumstances, but a request must usually be made within seven days after the reason for missing it ends.

These protections generally concern an employment relationship under the Labour Code. A person engaged under a civil-law contract or as a contractor may still have a claim if the actual working arrangement meets the legal criteria for employment.

When a Suwałki employee may need a lawyer

  • A shop, warehouse, factory, hotel, or other local employer dismisses you without giving a reason, or gives a reason you believe is false or unrelated to your work. A lawyer can assess whether the reason and procedure meet Labour Code requirements.

  • You receive immediate termination for alleged misconduct, poor performance, or another serious breach. These cases can turn on the employer’s evidence, the timing of its decision, and whether the required formalities were followed.

  • You are pregnant, on parental leave, close to retirement, or covered by special trade-union protection. These categories have additional safeguards, although exceptions can apply.

  • You believe dismissal followed a complaint about unpaid wages, unsafe conditions, discrimination, or another workplace concern. The timing and documents may help establish whether the decision was retaliatory or discriminatory.

  • Your employer calls you a contractor, but your work in Suwałki was performed personally, under the employer’s direction, at set times or places. A lawyer can assess whether to seek recognition of an employment relationship and related employment protections.

  • Your employer proposes a settlement, asks you to sign a resignation, or offers payment in exchange for ending the dispute. Legal advice before signing can clarify what claims or rights the document may affect.

Polish laws that govern dismissal disputes

The Labour Code Act of 26 June 1974 sets the main rules on employment contracts, dismissal, protected employees, and remedies. Amendments effective 26 April 2023 introduced, among other changes, a requirement for employers to state reasons when giving notice to end a fixed-term employment contract.

The Code of Civil Procedure Act of 17 November 1964 governs court proceedings, including labour disputes, court jurisdiction, evidence, and procedural deadlines. Its labour-case rules help determine where a claim may be filed.

The Trade Unions Act of 23 May 1991 provides rules on trade-union activity and protection for certain union representatives. An employer may have consultation duties before dismissing a covered employee; the details depend on the employee’s status and the type of dismissal.

Frequently asked questions

What counts as an unlawful dismissal in Poland?

A dismissal may be unlawful if the employer breaches a required procedure, gives an inadequate reason where the law requires one, or disregards statutory protection. Whether that gives grounds for reinstatement or compensation depends on the contract, the dismissal method, and the evidence.

How long do I have to challenge my dismissal?

The usual deadline is 21 days from receiving notice of termination or immediate termination. Because missing it can seriously affect your case, seek advice promptly and do not wait for internal discussions with the employer to finish.

Which court hears an employment dismissal claim in Suwałki?

The District Court in Suwałki has a Labour and Social Insurance Division that hears employment matters within its jurisdiction. The correct venue can depend on where the work was performed and other statutory rules, so verify the filing venue for your claim.

Do I need a lawyer to bring a claim?

No, legal representation is not generally mandatory in a first-instance labour case. A lawyer can still help meet the deadline, frame the claim, assess evidence, and respond to the employer’s arguments.

What can I ask the court to award?

Depending on the kind of dismissal and the circumstances, you may seek reinstatement or compensation. In some notice-period cases, an employee can ask the court to declare the termination ineffective before the contract ends.

Can I challenge dismissal from a fixed-term contract?

Yes. Since 26 April 2023, an employer giving notice to end a fixed-term contract must state its reason, and relevant union-consultation rules may apply. The available remedy and deadline depend on how the contract ended.

Can I bring a claim if I worked under a civil-law contract?

Possibly. The name of the contract is not conclusive if the actual arrangement had the features of employment, such as personal work under the employer’s direction. A court can assess the working relationship and, where appropriate, whether it was an employment relationship.

How much does a dismissal lawyer cost?

Lawyers set their own fees, so ask for a written estimate covering advice, court representation, and any separate expenses. Employees generally do not pay a court filing fee for employment claims valued at up to PLN 50,000, but fees may apply above that amount or at later stages.

Can the deadline be extended if I missed it?

A court may restore the deadline if you missed it without fault, but restoration is not automatic. The request generally must be filed within seven days after the reason for missing the deadline ends, together with the claim itself.

Can the State Labour Inspectorate order my employer to reinstate me?

No. The State Labour Inspectorate can provide information, inspect compliance, and take action within its powers, but a labour court decides whether dismissal was unlawful and whether reinstatement or compensation is due.

What evidence should I keep?

Keep the dismissal letter, employment contract, payslips, relevant emails or messages, performance records, and any documents about complaints or protected status. Make a dated note of important conversations and keep copies of documents you are entitled to retain.

Official resources in Suwałki and Poland

  • District Court in Suwałki (Sąd Rejonowy w Suwałkach): its Labour and Social Insurance Division handles employment cases within its jurisdiction. The court provides procedural and filing information, but does not advise either party on the merits.

  • State Labour Inspectorate (Państwowa Inspekcja Pracy, PIP): provides information on employment rights and may inspect employers for compliance with labour law. It does not replace a court claim for reinstatement or compensation.

  • Ministry of Justice free legal aid system: lists free legal aid and civic counselling points, including local availability. Check the official system for current eligibility rules and appointments in Suwałki.

Steps to find and hire a lawyer

  1. Record the dates immediately. Note when you received the dismissal and calculate the 21-day claim deadline. If the deadline is close, contact a lawyer or the free legal aid service without delay.

  2. Gather your key documents. Collect your contract, dismissal notice, relevant correspondence, pay records, workplace policies, and evidence supporting your account. Prepare a short timeline of events before your first consultation.

  3. Identify suitable employment-law practitioners. Look for an advocate (adwokat) or legal adviser (radca prawny) who handles Polish employment disputes. Check professional registration and ask about experience with dismissal claims and hearings in the Suwałki area.

  4. Arrange an initial consultation within a few days. Ask whether the facts support a claim, which court and remedy may apply, and what evidence is still needed. Confirm that the lawyer can act before the filing deadline.

  5. Agree on fees and scope in writing. Ask what the fee covers, whether court appearances or appeals cost extra, and what other expenses could arise. Clarify who will draft and file the claim.

  6. File on time and plan for the case. Have the claim filed within the statutory deadline, even if settlement discussions continue. Ask the lawyer to explain the likely next procedural steps, evidence requirements, and any settlement proposal before you decide how to respond.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.