Intervention
So how do we react when we experience or observe any of the violations of workers' rights described above (or other)? Below are some of our critical rules of conduct that can minimise the harmful effects of violations and increase our chances of effectively enforcing our rights - whether in internal company bodies or labour courts.
REACT
Quick response to irregularities is the first and fundamental step. It is necessary to minimise the effects of infringements and to improve the situation (if at all possible) as quickly as possible. An unequivocal and rapid reaction is also necessary in order to be able to assert one's rights in court if an amicable solution to the problem fails. Such a response can take place on several levels. The first is the personal, psychological level. Displacing difficulties, pretending before oneself that 'nothing of the sort has happened', trying to rationalise 'it is normal, it happens everywhere'. - These are one of the natural and common ways of dealing with the experience of harm. However, just because something is natural and ordinary does not mean that it is effective and serves our interests. The first barrier is, therefore, in our minds: we need to call the problem boldly and permit ourselves to assert our rights. The next step is to report the problem to your superior and your colleagues. The supervisor, as the employer's representative, is obliged to support and help us. If the problem we are facing concerns the supervisor, the employee can turn to the 'floor above', that is, to his or her boss. It is also worth discussing the problem with trusted colleagues. You may also find that they/they have noticed irregularities so that you can form an informal coalition. Even if the problem affects only one person, trusted people will be essential support in the process of dealing with it.
OBTAIN INFORMATION
As we pointed out earlier, labour laws are pervasive and often change. No one, perhaps apart from lawyers with narrow specialisation and many years of experience, can remember and understand all the detailed rules and guidelines. That is why, when the situation becomes problematic, it is worthwhile to refer to the relevant chapter of the Labour Code and read the regulations concerning our case carefully. It will also be important to read current articles and advice on a given group of rules. We will find them without any problem on the websites of organisations working for the benefit of employees, among others. Equipped with detailed and up-to-date information, we will be able to pre-define whether the situation we are experiencing is a violation of the law, we will know better our capabilities, and we will learn how to prepare for intervention, what to do and what not to do in order to increase our chances of taking effective care of ourselves.
COLLECT DATA
This is one of the first advice that a worker will hear from a lawyer. If the solution to the problem requires an in-house procedure to be launched, the case to be referred to the National Labour Inspectorate or the case to the Court, reliable documentation will be needed. For this reason, it is important to provide as much information as possible in writing and to keep a copy of all correspondence, e.g. with your superior. In the case of bullying, it is a good idea to collect all the information received from us by any means from the bully, i.e. the person committing the bullying. Personal notes containing dates and descriptions of individual events and a list of witnesses will also be useful. If the situation we are experiencing has an impact on our physical or mental health, it is worth taking care of your medical opinion.
PROVIDE YOURSELF WITH SUPPORT
Work is one of the most important elements of our lives. Poor working conditions, therefore, have an impact on many other aspects: physical and mental health, social relations, etc. The threat of losing one's job is also a threat to one's livelihood. It is, therefore, no wonder that a situation in which our workers' rights are seriously violated is one of the most stressful experiences that can happen to us. Dealing with such a heavy burden requires mobilisation of many resources, including social resources. We can seek support from our closest associates, from family, from friends outside the workplace. It is important to find them. The problems described should not be faced by anyone alone. We will need both emotional and specialist support. The latter in particular can be sought from trade union representatives or organisations working to protect workers' rights. There are quite a few such organisations in Poland. Some deal with general support, others specialise in selected areas. It is worth mentioning here, for example, the Polish Society for Anti-Discrimination Law (Polskie Towarzystwo Prawa Antydyskryminacyjnego) or the National Anti-Mobbing Association (Ogólnopolskie Stowarzyszenie Antymobbingowe, OSA). Links to selected aid organisations can be found at www.decentwork.msnzzpcmc.pl.
LOOK FOR HELP IN THE WORKPLACE
The support that can be provided by a trade union in the company has already been mentioned above. Due to its aims and positions, this should be one of the first directions to seek support. It is easy for a trade union to find a specialist or legal assistance and to get help in the company's procedures. In the union, we also have a chance to find people who have faced similar problems. When thinking about bodies and solutions operating within the workplace, it is also worth mentioning, for example, anti-mobbing procedures and committees whose task is to receive and deal with complaints in this area, ethics committees, safety committees and so on.
CONTACT WITH EXTERNAL INSTITUTIONS
The National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) is the main body for supervising and controlling the observance of labour law, in particular the regulations and rules of health and safety at work, as well as regulations concerning employment and other paid work. Any person observing or experiencing a violation of employee rights may submit a complaint to the State Labour Inspectorate, which is obliged to intervene in each of the reported cases. It should be mentioned here that due to the continually increasing number of reported cases, the waiting time for consideration is not short. What is important is that there is no obligation or necessity to disclose the data of the person making the complaint during the review of the case, so our employer does not need to know about the fact that we have made a complaint. It is also worth adding that the more data concerning the circumstances of a violation of the law we present in the report and during the inspection, the better the chances of a positive outcome of the complaint. The main penalties imposed on employers by PIP are financial penalties. The inspector may also impose an obligation to pay the employee the outstanding liability and, in the case of an erroneous agreement, take the case to court. Guidance on how to properly report an issue to the PIP can be found on many websites. The notification itself can be made electronically.
Another institution where an employee can fight for their rights is the Labour Court. This is a judicial body which settles disputes about claims from the employment relationship. The Code of Civil Procedure governs the proceedings before the Labour Court. The Labour Court adjudicates in matters relating to labour law, among others, to determine the existence of an employment relationship (and thus may resolve that an employee employed under a civil-law contract is entitled to an employment contract), revocation of an orderly penalty, issuance or rectification of an employment certificate, recognition of ineffectiveness of termination of the employment relationship, reinstatement at work, restoration of previous working conditions or pay, compensation in the case of unjustified or breaching the provisions of termination, cases relating to orderly penalties and employment certificates, violation of the principles of equal treatment, compensation or reparation as a result of mobbing. Two things are worth knowing about the Labour Court at the level of the general public we are using here. Firstly, if we are considering bringing a case before the Court, we need to act quickly. An appeal against the termination of your employment contract must be made within seven days of receipt. A claim for reinstatement or compensation must be made within 14 days of receipt of notice of termination without notice or of expiry of the employment contract. Secondly, the legislator assumes that in a dispute between an employee and an employer, the employer is by nature, the stronger party. To level the position of the employee, several facilitations have been introduced for employees bringing their cases before the Labour Court. These facilitations include, among others: fewer formalities, a wide circle of legal representatives (apart from an advocate or legal adviser, we may also be represented by a trade union representative or labour inspector), or the Court's assistance in the selection of the claim (if the claim submitted to the employee is unjustified or impossible to implement, the court may propose another type of claim, e.g. compensation instead of reinstatement).
