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Fleet partner does not pay or makes deductions: what to do?

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

Short answer

If you have a contract of mandate (umowa zlecenia), a contract for the provision of services or a B2B contract with a fleet partner (partner flotowy, an intermediary company between you and the app), your money is a civil-law claim. Deductions and penalties are then assessed under the Civil Code (Kodeks cywilny, KC) and your contract, not under Article 87 of the Labour Code (Kodeks pracy). The partner may set off its own due monetary claim only by a declaration (Articles 498-499 of the Civil Code), and may charge a contractual penalty only when the contract provides for it (Article 483 of the Civil Code). First ask for a written settlement, then send a demand for payment, and finally file a claim, most often for an order for payment. The National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) will help when the matter concerns the minimum hourly rate, the legality of work, or when the cooperation is in practice an employment contract (umowa o pracę).

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: Unpaid settlement with a fleet partner: how to check deductions, contractual penalties and car fees, demand for payment, order for payment, EPU and PIP help.

Who this applies to

This guide is for couriers and app drivers who settle accounts with a fleet partner, that is, a company that acts as an intermediary between them and the app. We describe who the party to your contract is in the guide Courier or app driver: who is your employer and what contract do you have?.

The rules depend on the type of contract:

Your contractWhich provisionsWhere next
contract of mandate or contract for the provision of servicesCivil Code, Minimum Wage Actthis guide
B2B (own business)Civil Code, Minimum Wage Act if you have no employees or contractorsthis guide
employment contractLabour Code (Articles 87 and 91)What can an employer deduct from your wages and how much must it leave you?

If you do not know what contract you have, ask the partner for a copy. Without a written contract you can still claim the money, but it is harder to prove.

What to do

  1. Collect evidence. Keep the contract, the settlement rules, weekly or monthly statements, transfer confirmations, the ride history from the app, bills or invoices and messages from the partner. Record your hours, for example in the working hours table.
  2. Ask for a full settlement in writing. Write an e-mail or a letter asking for a statement: revenue from rides, fees, deductions with the basis for each of them, the amount to be paid. The Civil Code does not give a contractor a general right to see the partner's accounts. You do, however, have the right to know the basis of each deduction, because without it you cannot check whether it was allowed. The partner must keep documents on the number of your hours for 3 years from the day the pay became due (Article 8c of the Minimum Wage Act).
  3. Check each deduction. See the part "Deductions, penalties and fees" below.
  4. Check the minimum rate. If after all deductions you received less than PLN 31.40 gross per hour (in 2026), you may be entitled to a top-up. There are exceptions, described in the guide Minimum hourly rate for couriers and drivers: when are you entitled to it?.
  5. Send a demand for payment. Enter the amount, the period, your account number, the payment deadline and a demand for statutory interest for late payment (Article 481 of the Civil Code; from 5 March 2026, 9.25% per year). You can calculate the interest in the interest calculator. If the contract does not set a payment date, the partner must pay immediately after the demand (Article 455 of the Civil Code). How to prepare and deliver the letter, we describe in the guide How do you prepare a demand for payment of outstanding wages?. Remember that the basis of your claim is a civil contract, not the Labour Code.
  6. File a complaint with the PIP if it fits your case. The PIP inspects payment of the minimum hourly rate (Article 10(1)(15b) of the Act on the National Labour Inspectorate) and the legality of employment and of work by foreigners (Article 10(1)(3) and (4)). It may also inspect an entrepreneur who is not an employer, when people on civil-law contracts or B2B work for them (Article 13 of the Act on the National Labour Inspectorate). On the minimum rate, the inspector may issue post-inspection recommendations (wystąpienie) or an instruction (polecenie) to pay (Article 11b). However, the PIP does not settle a dispute about the whole amount under a civil contract. You can prepare the complaint in the PIP complaint generator.
  7. Sue the partner. If the demand does not help, file a claim for payment with the civil court. For a monetary claim the court as a rule issues an order for payment in writ-of-payment proceedings (Article 480(1) § 1 and Article 499 of the Code of Civil Procedure, KPC). You can also file the claim electronically in the electronic writ-of-payment procedure (EPU), for claims that became due within 3 years before the claim (Article 505(29a) of the Code of Civil Procedure). Fees, the competent court and deadlines are described in the guide Contract of mandate: I have not been paid. Where do I report it and how do I recover the money?.
  8. Watch the limitation period. A claim for pay under a contract of mandate may become time-barred after only 2 years (Article 751 of the Civil Code). A demand for payment does not interrupt the limitation period. Details in the guide Contract of mandate: I have not been paid. Where do I report it and how do I recover the money?.

Deductions, penalties and fees

Set-off (compensation). The partner may set off its claim against yours only when both are monetary, both are due and both can be pursued before a court (Article 498 § 1 of the Civil Code). Set-off is made by a declaration submitted to the other party (Article 499 of the Civil Code). In practice this means: the partner should state what claim it has against you, where it comes from and since when it has been due. If you believe there is no such claim, dispute it in writing and demand payment of the whole amount.

Minimum rate and deductions. Pay under the minimum hourly rate must be paid in money (Article 8a(5) of the Minimum Wage Act), and the contractor cannot waive it (Article 8a(4)). The Act does not say directly whether the partner may deduct, for example, car rent from this part of the pay. This is a matter for assessment in a specific case. If after deductions you receive less than the minimum rate, describe this in a complaint to the PIP.

Contractual penalties. A contractual penalty is possible only when the contract provides for it, and only for non-performance or improper performance of a non-monetary obligation (Article 483 § 1 of the Civil Code), for example for not completing an accepted ride. The penalty is due in the amount written in the contract (Article 484 § 1 of the Civil Code). If you performed a significant part of the obligation or the penalty is grossly excessive, you can demand that it be reduced (Article 484 § 2 of the Civil Code). The partner cannot invent a penalty that is not in the contract. A "late fee" from rules you did not accept is disputable.

Cash from customers. If you accept payment in cash, you must hand over to the principal everything you obtained while performing the mandate (Article 740 of the Civil Code). This is why the partner settles cash against your pay. Keep confirmations of how much cash you handed over or how much was settled.

Expenses. The principal should reimburse the expenses you incurred in order to perform the mandate properly (Article 742 of the Civil Code). The contract may, however, divide costs differently, for example fuel. Check what it says.

Renting a car or bicycle, or a "fleet" fee. If you rent a car from the partner, this is usually a separate lease contract: the lessor hands over the item for use and the lessee pays rent (Article 659 § 1 of the Civil Code). The rent and other fees under that contract are a separate claim of the partner. It may set it off only under the rules described above. Check whether the amount of rent, deposit and damage fees follows from a signed contract. We do not assess here whether specific fees are fair, because this depends on the content of the contract. In disputes about damage to the car or about the deposit, get legal advice.

Exceptions and caveats

When the cooperation may be an employment contract. If you work under the partner's direction, at a place and time set by the partner, the contract may be an employment relationship regardless of its name (Article 22 § 1 and § 1(1) of the Labour Code). Then the rules on deductions from the Labour Code apply: without your written consent the employer may deduct only the amounts under Article 87 § 1 of the Labour Code, and others only with consent (Article 91 of the Labour Code). First, however, the employment relationship must be established: by the PIP if you are still working, or before the labour court. See the Mandate or employment tool and the guides How the PIP establishes an employment relationship: inspection, instruction and OIP decision step by step and The cooperation has already ended. How do you establish that it was an employment contract?.

B2B. When both parties are entrepreneurs, the dispute is decided by the civil court, not the labour court. The minimum hourly rate protects you if you run the business alone, without employees and contractors (Article 1(1a) of the Minimum Wage Act).

Blocked account in the app. Blocking of your account by the app is a different dispute from money owed by the partner. You can still claim the money for completed rides from the party to the contract.

Foreigners. If you have no written contract or the partner did not arrange the documents for legal work, describe this in the complaint to the PIP. Details in the guide Foreigner as a courier or app driver: legal work and your rights.

When to see a lawyer. When the partner deducts large amounts for damage to the car, when it demands payment of penalties or rent after the cooperation has ended, when the amount in dispute is high, or when you want to prove that it was an employment contract. The PIP also gives free advice, see How do you get free legal advice from the PIP?.

Example

Assumptions: a driver without a business has a contract of mandate with a fleet partner and a separate written car lease contract with rent of PLN 400 per week. The contract of mandate does not provide for contractual penalties. For the first week of October 2026 the revenue from rides assigned to the driver is PLN 1,500 gross. In the statement the partner deducted rent of PLN 400 and a "penalty for a low acceptance rate" of PLN 150.

  1. The rent of PLN 400 follows from the lease contract. If it was due, the partner may set it off by a declaration (Articles 498-499 of the Civil Code). The driver checks whether the statement clearly shows this set-off.
  2. The penalty of PLN 150 has no basis in the contract of mandate. The driver disputes it in writing and demands payment of PLN 150 within 7 days. The deadline is his choice; no provision imposes it.
  3. The driver compares the payment with the number of recorded hours. If it comes to less than PLN 31.40 gross per hour, he adds this issue to the letter and considers a complaint to the PIP.
  4. If the partner does not pay, the driver files a claim for payment, for example in the EPU.

Documents and deadlines

WhatRuleLegal basis
Set-off by the partnerboth claims monetary and due; declaration to the other partyArticles 498-499 of the Civil Code
Contractual penaltyonly when it is in the contract and concerns a non-monetary obligation; reduction possibleArticles 483-484 of the Civil Code
Payment date when the contract sets noneimmediately after the demandArticle 455 of the Civil Code
Interest for late payment9.25% per year from 5.03.2026Article 481 of the Civil Code, M.P. 2026 item 367
Documents on hours kept by the partner3 years from the day the pay became dueArticle 8c of the Minimum Wage Act
Objection to an order for payment2 weeks from service (service in Poland)Article 480(2) § 2(1) of the Code of Civil Procedure
Limitation period2 years (Article 751 of the Civil Code) or 6 or 3 years (Article 118 of the Civil Code)see Contract of mandate: I have not been paid. Where do I report it and how do I recover the money?

Frequently asked questions

Can the partner withhold my whole payment because I damaged the car?

The partner may set off only a monetary claim that is already due, and must submit a declaration of set-off to you (Articles 498-499 of the Civil Code). It may set off at most the lower of the two amounts (Article 498 § 2 of the Civil Code). If you dispute your liability or the amount of the damage, write this and demand payment. A dispute about damage is decided by a court.

Can I file a complaint with the PIP against the partner if I do not have an employment contract?

Yes, in matters that the PIP inspects: the minimum hourly rate, the legality of employment, work by foreigners, and assessment of whether a civil-law contract is in fact an employment contract. See How do you file a complaint to the National Labour Inspectorate?.

Can I demand the money from the app instead of the partner?

As a rule you demand your money from the party to the contract, that is, the partner. Whether the app is also liable in a given situation, Polish provisions do not say directly. The EU Platform Work Directive provides for possible joint and several liability, but Poland has not yet implemented it (as of 15.10.2026).

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.

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).