The payroll date passed and employees didn't receive their transfers. There can be many reasons: the HR person left, a system error occurred, there weren't enough funds in the account, nobody was keeping track of the deadline. Whatever the cause – under employment law the employer is in default, and the consequences can escalate faster than you might expect.
What the law says – the payroll deadline
Salary must be paid at least once a month, on a fixed pre-agreed date. This date should be specified in the employment contract, the remuneration policy or the collective agreement. Payment after this date – even by one day – is a breach of the Labour Code.
What the employer faces for a late salary payment
- Statutory interest for delay – the employee is entitled to interest on the salary amount for each day of delay
- A fine from PIP – the National Labour Inspectorate can impose a fine of up to PLN 30,000 for failure to pay salary on time
- Criminal liability – persistent or malicious non-payment of wages carries a fine, restriction of liberty or imprisonment of up to 2 years
- Employee claim to a labour court – the employee can pursue the salary plus interest through court proceedings
- The right of the employee to terminate the contract immediately – for reasons attributable to the employer, with entitlement to compensation
What an employee who hasn't been paid can do
An employee who has not received their salary on time has several options. They can file a complaint with the National Labour Inspectorate, which leads to an inspection. They can also take the matter to a labour court – salary claims expire after 3 years. In extreme cases, they can terminate the employment contract without notice due to the employer's fault.
In practice, most employees first ask their manager and wait a few days. But each additional day of delay means higher interest and a greater risk of escalation.
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How to fix the situation quickly
- Step 1: Establish the cause – is it a calculation error, missing payroll, a technical issue with the bank transfer, or a lack of funds?
- Step 2: If the payroll hasn't been calculated – calculate it as quickly as possible or commission a specialist to do it
- Step 3: Execute the transfers immediately once the payroll is ready – even if it's a few days late
- Step 4: Inform employees of the delay and give a specific payment date – lack of communication makes things worse
- Step 5: Establish the cause of the delay and introduce a procedure to prevent it happening again
A special situation: insufficient funds in the account
If the problem is on the liquidity side, the situation is more serious. Wages take priority over other company obligations – including payments to suppliers or loan instalments. The Employee Benefits Guarantee Fund (FGŚP) pays wages only in the event of employer insolvency (bankruptcy or restructuring proceedings) – not in the case of temporary cash flow difficulties.
How I can help
If payroll didn't go out on time and you urgently need a ready-to-use payroll or help communicating with employees – I work at speed. Within the HR Emergency service I diagnose the situation free of charge and can start the same day.