What happens if the employee is in debt?
It is important to note that only claims related to the employment relationship can be pursued in this way. What exactly is covered? This will be discussed at the end of this blog.
The best-known way to enforce a claim for compensation is an order for payment. However, this is not possible in employment cases.
But there is no need to panic, as Act I of 2012 on the Labour Code gives us an opportunity.
The employer may also enforce its claims against the employee for claims relating to the employment relationship and not exceeding three times the statutory minimum wage by means of a payment demand. The request for payment must be in writing.
The advantage of this procedure is that it avoids significant litigation costs and is time efficient. Of course, if the employee does not go to court within 30 days of notification.
It is important to point out that it is easy to slip through the cracks, because the employee does not pay enough attention to the notice or does not even look at the paperwork.
The demand for payment must be in writing and must contain the mandatory elements, such as the amount of the claim, the legal title, the payment deadline, the legal remedy and the reasons for the claim.
If the employee does not contest the payment notice and fails to pay the amount due within the time limit specified in the notice, the employer may apply to the competent court for an enforcement order to be attached to the payment notice, in which case it must prove that it has notified the employee of the notice, that the employee has not contested it and that no direct deduction from the wages was possible.
Importantly, in this case the court does not investigate whether the claim is legitimate. The court will issue an enforcement order and send it to the Chamber of Bailiffs.
What can be enforced in this way:
- the amount of workers’ compensation,
- a claim for compensatory leave for the period of notice arising from the employee’s wrongful dismissal,
- a claim arising from a breach of a study contract,
- incorrectly remitted wages.
