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Will the employer find out who filed a complaint with the PIP?

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

Short answer

As a rule, no. Labour inspectors are obliged not to disclose that an inspection is carried out as a result of a complaint, unless the complainant gives written consent to this (Article 44(3) of the Act on the National Labour Inspectorate). According to the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP), the complainant's details are protected and are not disclosed during the inspection without such consent. A practical exception: in some inspections, e.g. of the legality of employment, the inspector may ask you in writing for consent, and without it the inspector will not inspect the matter covered by the complaint. The Act will not, however, stop the employer from guessing, e.g. when the complaint concerns only you. Below we describe how to prepare a complaint to reduce this risk, and what to do if the employer retaliates.

In this guide: The inspector will not reveal your complaint without your written consent. How to prepare it if you fear dismissal and what to do about retaliation.

Who this applies to

This guide concerns people who have filed or want to file a signed complaint with the PIP. We also describe the protection of employees who talk to the inspector as witnesses during an inspection. If you are considering an anonymous complaint, first read Does the PIP examine anonymous complaints?.

What to do

  1. File a complaint with your details. The protection under Article 44(3) applies to a complaint in which you give your first name, surname and address. Ways of filing: How do you file a complaint to the National Labour Inspectorate?.
  2. Do not sign consent to disclosure if you do not want to. The Act requires written consent. Filing a complaint is not in itself consent.
  3. If you receive a request for consent from the PIP, read it carefully. According to the PIP, the inspector asks for consent in writing when an inspection cannot be carried out without disclosing the complaint (example given by the PIP: legality of employment). You have a choice:
    • you agree: the inspection covering the complaint can take place, and the employer may learn about the complaint,
    • you do not agree: according to the PIP, the inspection covering the complaint will not be possible.
  4. If the inspector questions you during the inspection and you fear the consequences, say so. The inspector may issue a ruling to keep confidential the data that would allow you to be identified (Article 23(2) of the Act on the National Labour Inspectorate).
  5. Record what happens after the inspection. If the employer starts treating you worse, note the dates and keep messages. They may be needed in the labour court.

I am afraid of dismissal after a complaint to the PIP: how to prepare the complaint

What the law protects and what cannot be hidden

The Act protects you against the inspector telling the employer about the complaint (Article 44(3) of the Act on the National Labour Inspectorate), and protects a witness against disclosure of their data if the inspector issues a ruling (Article 23(2)). The Act does not, however, control what the employer works out on its own. The risk that the employer will guess grows when:

  • the violation concerns only you, e.g. your pay, your leave, your contract,
  • the inspection starts right after your dispute with your manager,
  • the complaint describes details known to only one person,
  • the company employs only a few people.

According to the PIP, an employee complaint should concern a violation that directly affects the complainant. So you cannot completely "hide" behind a description of other people's problems. You can, however, reduce the risk.

How to word the complaint

  1. Describe a violation that also affects others, if that is really the case. For example, "night shift employees have no record of overtime" instead of "in March I worked 40 hours of overtime". The inspector will check the documents of the whole team anyway. Do not add people or events you are not sure about.
  2. Write about facts, not about one-to-one conversations. Details known only to you and your manager are easy to link to the author. If they are important for the case, you can tell the inspector about them during questioning and ask for your data to be kept confidential (Article 23(2) of the Act on the National Labour Inspectorate).
  3. Indicate where the evidence is, instead of attaching documents that only you have. For example, "working time records and rotas for the last 6 months". The inspector may demand that the employer provide personnel files and documents related to the performance of work (Article 23(1)(5) of the Act on the National Labour Inspectorate). Do not take company documents you have no right to.
  4. State explicitly that you do not consent to disclosure. For example: "Nie wyrażam zgody na ujawnienie pracodawcy faktu złożenia skargi. Obawiam się negatywnych konsekwencji." (I do not consent to the employer being informed that a complaint has been filed. I fear negative consequences.) The protection applies even without this sentence, but it clearly shows the inspector your situation.
  5. Consider the timing. If you can, do not file the complaint immediately after a loud argument with your manager. Keep an eye on court deadlines, however, because they run regardless of the complaint.
  6. Ask for advice first. You can describe your situation to the PIP by phone or in person, without filing a complaint. See How do you get free legal advice from the PIP?.

You can prepare the complaint in the PIP complaint generator.

Joint complaint or complaint through a trade union

  • Several people together. When a violation affects many employees, several people can sign one complaint. We assume that each of them should give their first name, surname and address and sign the letter, because the PIP requires such details from a complainant. It is then harder for the employer to point to one person. Each signatory is a complainant, and each is protected by Article 44(3).
  • Complaint on someone else's behalf. If you file a complaint for a colleague, the PIP requires their written consent (Article 221 § 3 of the Code of Administrative Procedure, KPA). That person is therefore not anonymous towards the PIP, but towards the employer they are protected by Article 44(3).
  • Trade union. Trade unions monitor compliance with labour law. If, in the union's view, the employer is breaking the law, the union may apply to the competent authority demanding that the irregularities be remedied (Article 23(1)-(2) of the Act on trade unions). At the request of a non-member, the union may also undertake to defend that person's rights towards the employer (Article 7(3)). In that case it is the union, not you personally, that acts towards the employer.

What to do if the employer retaliates

  1. Document from the first sign. A change of rota, loss of a bonus, worse tasks, reprimands, comments. Record dates and witnesses and keep messages. The incident log will help with this.
  2. Watch the 21 days. You file an appeal against a notice of termination with the labour court within 21 days of service of the letter (Article 264 § 1 of the Labour Code, Kodeks pracy). The same applies to a claim for reinstatement or compensation after termination of the contract without notice (Article 264 § 2 of the Labour Code). A complaint to the PIP does not suspend this deadline.
  3. Invoke the ban on reprisals. Article 225 § 1 KPA protects against harm because of filing a complaint. The Labour Code states that an employee's exercise of rights arising from a violation of labour law may not be grounds for unfavourable treatment, in particular for termination with notice (Article 18(3e) § 1 of the Labour Code). The protection also covers an employee who supported the person exercising those rights, e.g. a witness. The Code does not expressly mention a complaint to the PIP, so whether the provision covers your case will be decided by the court in the event of a dispute.
  4. Know your claim. Until 4.11.2026, an employee towards whom Article 18(3e) has been violated is entitled to compensation (odszkodowanie) of no less than the minimum wage. From 5.11.2026, they may claim compensation for non-pecuniary harm (zadośćuczynienie) of no less than the minimum wage, or compensation (odszkodowanie). The new provision does not protect an employee who knew that no violation of labour law had occurred (Article 18(3e) § 4 of the Labour Code as worded from 5.11.2026, Dz.U. 2026 poz. 1046).
  5. Report the retaliation to the PIP. You can file another complaint, e.g. about a termination with gross violation of the provisions, which is a petty offence (Article 281 § 1(3) of the Labour Code). The PIP will not, however, reinstate you or award you money. That is done by the labour court. See PIP, ZUS or labour court: who should you turn to with a problem at work?.
  6. Get help. Free advice at the PIP, a trade union, or an advocate or legal adviser will help you assess whether you have evidence of a link between the complaint and the dismissal.

We do not promise that the employer will never guess or that every retaliation case can be won. The provisions give you tools, but the outcome depends on the evidence.

Exceptions and caveats

  • Protection of the complainant vs protection of a witness. These are two different mechanisms:
    • Article 44(3) of the Act on the National Labour Inspectorate: a ban on disclosing that the inspection results from a complaint. It applies by law, without a ruling.
    • Article 23(2)-(5) of the Act on the National Labour Inspectorate: the inspector's ruling to keep confidential the identity of a person giving information, when that person faces harm or reproach. Only the inspector then knows the data, and the record of questioning may be shown to the employer only in a form that does not reveal the data. The employer may file an interlocutory appeal (zażalenie) within 3 days with the District Labour Inspector. The appeal is examined without the employer's participation. If it is upheld, the record of questioning is destroyed.
  • ILO Convention. The PIP also refers to Article 15(c) of Convention No. 81 of the International Labour Organization, which requires the source of a complaint to be treated as confidential. We cite it after the PIP website.
  • The employer's guesses. The provision prohibits disclosure by the inspector. It does not guarantee that the employer will not guess, especially when the complaint concerns only you (e.g. your pay).
  • Ban on reprisals. Article 225 § 1 KPA says that no one may be exposed to harm or reproach because of filing a complaint, if they acted within the limits of the law. If the employer gives you notice of termination, you file an appeal with the labour court within 21 days of service of the notice (Article 264 § 1 of the Labour Code).
  • Complaint on behalf of someone else. If you file a complaint on behalf of another person, the PIP requires that person's written consent to the filing of the complaint. This is not consent to disclosing the complaint to the employer.

Example

Assumptions: an employee files a signed complaint about unrecorded overtime in a shop with six staff. She does not sign consent to disclosure of the complaint.

The inspector inspects the working time records of the whole team. The inspector does not tell the employer that the inspection results from a complaint, because the Act prohibits this. During the inspection the inspector questions several employees. One person fears the consequences, so the inspector issues a ruling to keep that person's data confidential. The employer files an interlocutory appeal within 3 days. It is examined by the District Labour Inspector, without the employer's participation.

Documents and deadlines

ElementLegal basisNotes
Ban on disclosing the complaintArticle 44(3) of the Act on the National Labour Inspectoratelifted only by the complainant's written consent
PIP request for consentpractice described on the PIP websitee.g. for legality of employment; without consent, no inspection covering the complaint
Keeping a witness's data confidentialArticle 23(2)-(3) of the Act on the National Labour Inspectorateinspector's ruling
Employer's interlocutory appealArticle 23(4) of the Act on the National Labour Inspectorate3 days from service of the ruling, to the District Labour Inspectorate (OIP)
Appeal against a notice of terminationArticle 264 § 1 of the Labour Code21 days, to the labour court
Termination of the contract without noticeArticle 264 § 2 of the Labour Code21 days to claim reinstatement or compensation
Ban on unfavourable treatmentArticle 18(3e) of the Labour Codeuntil 4.11.2026 compensation (odszkodowanie) of at least the minimum wage; from 5.11.2026 compensation for non-pecuniary harm (zadośćuczynienie) of at least that amount, or compensation (odszkodowanie)
Protection of the complainant under the KPAArticle 225 § 1 KPAno harm for a complaint filed within the limits of the law

Frequently asked questions

Will the employer see my complaint in the inspection file?

The Act prohibits the inspector from disclosing that the inspection results from a complaint without your written consent. The PIP website confirms that the complainant's details are not disclosed during inspection activities.

Can I withdraw my consent to disclosure?

The provisions we checked do not regulate this. If you have doubts before signing consent, ask the inspector or use legal advice from the PIP.

Will I receive information on the outcome if I do not agree to disclosure?

Article 237 § 3 KPA provides for notifying the complainant of how the complaint was dealt with and does not make this dependent on consent to disclosure. Remember, however, that according to the PIP, without consent in matters such as legality of employment, an inspection covering the complaint may be impossible. We describe what happens after filing a complaint in the guide What happens after you file a complaint with the PIP, and what to do if there is no reply?.

Is a complaint signed by several people safer?

It usually makes it harder for the employer to point to one person, but it gives no guarantee. Each signatory gives their details, and each is protected by Article 44(3) of the Act on the National Labour Inspectorate. Consider together whether everyone is ready for possible consequences.

I was dismissed after the inspection. How do I show that it was retaliation?

Gather what shows the sequence of events: the date of the complaint, the date of the inspection, the change in the employer's behaviour, the content of the notice of termination and its justification. Appeal to the labour court within 21 days of service of the notice. Whether it was a reaction to the complaint will be assessed by the court on the basis of the evidence.

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.
  • 15 October 2026: Added: how to prepare a complaint if you fear dismissal, and what to do in case of retaliation.

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).