An employer who prevents an employee from returning to work risks both criminal and civil liabilities, including financial penalties.
The article discusses the legal implications for employers in Poland who refuse to reinstate employees after a court ruling mandates their return. According to Article 218 ยง 1a of the Penal Code, willfully or persistently violating an employee's rights, including denying re-employment post a court decision, can lead to fines, restriction of liberty, or imprisonment for up to two years. If the employer neglects to follow a court order to reinstate the employee, they may face imprisonment for up to one year, and failing to pay awarded benefits can result in up to three years in prison.
The fines imposed by the court are not capped by law, and judges will consider factors like the degree of fault and the financial situation of the offender when determining the penalty amount. In practice, fines can range from several thousand to tens of thousands of Polish zลoty, and repeat violations of employee rights may lead to even steeper penalties based on the specifics of each case. This legal framework aims to protect employees' rights and ensure compliance with court rulings while holding employers accountable for their actions.
The consequences of non-compliance extend beyond financial penalties, impacting the employer's reputation and potential future business. This reinforces the importance of adhering to labor laws and ensuring fair treatment for employees, particularly in the wake of court decisions, reflecting a broader commitment to uphold workers' rights in Poland. The article serves as a reminder for employers about the serious repercussions of failing to comply with judicial orders regarding employment reinstatement and compensation.
