Your employer did not pay your wages on time. What can you do?

Author: inspekcja-pracy.pl editorial teamChecked: 15 October 2026

Short answer

Wages payable once a month must be paid by the employer no later than within the first 10 days of the following month, on a fixed date (Article 85 of the Labour Code (Kodeks pracy)). If the employer fails to do so, you can send a written demand for payment, file a complaint to the PIP (the inspector can issue an immediately enforceable payment order) or sue the employer in the labour court. As a rule, an employee does not pay court costs. You have 3 years from the day the wages fell due. For the delay you are entitled to statutory interest for late payment, from 5 March 2026 at 9.25% per year.

This matter usually requires an individual legal assessment. The guide explains the rules, but the outcome depends on documents and circumstances. Before an important decision, consult a lawyer or a trade union, or use free PIP advice. PIP legal advice.

In this guide: Pay deadline under Article 85 of the Labour Code, demand, PIP complaint and payment order, fee-free claim, 3-year limitation, termination without notice.

Who this applies to

This guide concerns people employed under an employment contract (umowa o pracę), including part-time and on a probationary period. The deadlines and the PIP order described here result from the Labour Code and the Act on the National Labour Inspectorate.

If you work under a contract of mandate (umowa zlecenia) or a contract for specific work (umowa o dzieło), the payment rules and the court route are different. If in practice your contract looks like a regular job, see Contract of mandate or employment contract? How to check what really binds the parties.

What to do

Establish the pay date. Check your contract, the work rules or the remuneration rules. Wages are paid at least once a month, on a fixed date set in advance, no later than the 10th day of the following month (Article 85 § 1-2 of the Labour Code). If the pay day is a day off work, the employer pays the day before (Article 85 § 3 of the Labour Code).
Collect documents. Prepare your contract, payslips, bank statements and correspondence. You can ask to see the documents on the basis of which your wages were calculated (Article 85 § 5 of the Labour Code).
Talk or write. A conversation is sometimes the quickest, but leave a written trace. A written demand for payment is not mandatory before a court claim. It does, however, help to document your request and your attempt to settle the matter amicably. You can prepare the letter in the demand for payment generator. Details: How do you prepare a demand for payment of outstanding wages?
File a complaint to the PIP. A labour inspector of the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) may, during an inspection, order the employer to pay remuneration or another benefit due. Such an order "is immediately enforceable" (Article 11(1)(7) of the Act on the National Labour Inspectorate). You can prepare the complaint in the PIP complaint generator. How to send it is described in the guide How do you file a complaint to the National Labour Inspectorate?
Sue the employer in the labour court. You can file the claim with the court competent for the employer or with the court in whose district the work is, was or was to be performed (Article 461 § 1 of the Code of Civil Procedure (KPC)). An employee bringing a claim is not obliged to pay court costs (Article 96(1)(4) of the Act on Court Costs). The exception is the fee for an appeal when the value of the dispute exceeds PLN 50,000 (Article 35(1) of that Act). In the claim you must state whether you attempted mediation or another out-of-court settlement of the dispute and, if not, why not (Article 187 § 1(3) KPC). In the claim you can also demand statutory interest for late payment (Article 481 of the Civil Code (KC) in conjunction with Article 300 of the Labour Code).
Watch the limitation period. Claims arising from an employment relationship become time-barred 3 years after the day they fell due (Article 291 § 1 of the Labour Code). Each unpaid payment has its own deadline. The limitation period is interrupted by an action before a court or another body competent to settle disputes, or by the employer acknowledging the debt (Article 295 § 1 of the Labour Code). A demand for payment by itself is not mentioned in this provision.

You can choose one of the routes in steps 3-5 or several of them. The PIP and the court, however, have different functions: the inspector inspects and orders, while the court settles the dispute by a judgment. See PIP, ZUS or labour court: who should you turn to with a problem at work?

Exceptions and caveats

Employer liability. Failure to pay wages on the set date, unjustified reduction of wages and unjustified deductions are a petty offence under Article 282 § 1(1) of the Labour Code. Since 8 July 2026, it carries a fine from PLN 2,000 to PLN 60,000. The inspector may impose a fixed penalty notice (mandat) of up to PLN 5,000. Failure to carry out a PIP order is a separate petty offence (Article 283 § 2 of the Labour Code). A penalty for the employer does not, however, mean you will get your money. That is what a payment order or a judgment is for.

Termination without notice due to the employer's fault. Under Article 55 § 1(1) of the Labour Code, an employee may terminate the contract without notice when the employer "has committed a serious breach of its fundamental obligations towards the employee". Paying wages on time and correctly is one of the employer's obligations (Article 94(5) of the Labour Code). The Code does not, however, say expressly when arrears in pay amount to a "serious" breach. This is assessed by a court in the specific case. If you are considering this route, remember:

you make the statement in writing and give the reason (Article 55 § 2 of the Labour Code),
you have 1 month from learning of the circumstance justifying termination (Article 55 § 2 in conjunction with Article 52 § 2 of the Labour Code),
you are entitled to compensation equal to your wages for the notice period, and for a fixed-term contract for the period until the contract was due to end, but not more than for the notice period (Article 55 § 1(1) of the Labour Code),
the termination has the same effects as termination of the contract with notice by the employer (Article 55 § 3 of the Labour Code).

This step is irreversible. A poorly justified statement may end in a dispute with the employer. Before you make such a statement, consult a lawyer, for example through free advice from the PIP.

When to see a lawyer. Also when the employer disputes the amount of your wages, the arrears cover several years, or the employer is in liquidation or bankruptcy.

Example

Assumptions: an employee has a full-time employment contract. The remuneration rules set the pay date as the 10th day of the following month. Wages for August 2026 should reach the account on 10 September 2026 (Thursday, a working day). The money has not arrived.

On 11 September 2026 the employer is already late. From that day the employee can count statutory interest for late payment (9.25% per year).
The employee sends a demand by registered letter with acknowledgement of receipt, with a 7-day payment deadline. This deadline is his choice; the law does not impose it.
After the deadline passes without effect, he files a complaint with the competent District Labour Inspectorate (OIP).
Regardless of the complaint, he can file a claim with the labour court. He does not pay a fee for the claim.
The claim for wages for August 2026 will become time-barred 3 years after the due date, that is in September 2029.

Documents and deadlines

What	Deadline or rule	Legal basis
Payment of monthly wages	by the 10th day of the following month, on a fixed date	Article 85 § 1-2 of the Labour Code
Access to payroll documents	at the employee's request	Article 85 § 5 of the Labour Code
Payment order issued by the inspector	immediately enforceable	Article 11(1)(7) of the Act on the National Labour Inspectorate
Limitation of the claim	3 years from the due date	Article 291 § 1 of the Labour Code
Termination of the contract under Article 55 § 1(1) of the Labour Code	1 month from learning of the reason	Article 55 § 2, Article 52 § 2 of the Labour Code
Statutory interest for late payment	9.25% per year from 5.03.2026	Article 481 KC, M.P. 2026 item 367

Frequently asked questions

Do I have to send a demand before filing a claim?

There is no provision requiring this in employment cases. However, the claim must contain information about an attempt at out-of-court settlement of the dispute (Article 187 § 1(3) KPC). A demand is therefore practical evidence of such an attempt.

Will the PIP pay me the money?

No. The PIP does not pay outstanding wages. The inspector can order the employer to pay, and an employer who fails to carry out the order faces liability for a petty offence. What happens after a complaint is described in the guide What happens after you file a complaint with the PIP, and what to do if there is no reply?

Can the employer refuse to pay because it "has no money"?

The Labour Code does not provide for such an exception to the deadline in Article 85 of the Labour Code. An employee also cannot waive the right to wages or transfer it to another person (Article 84 of the Labour Code). You can still pursue the arrears by a complaint to the PIP and a court claim.

Useful tools

Related guides

Sources (documents in Polish)

Sources checked on 15 October 2026. Law as at 15 October 2026.

Change history

15 October 2026: First publication.

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This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).