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CROGO
Joined: 15 Mar 2004
Posts: 46
Location: Krakow
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 Posted: Sun Jan 08, 2006 7:18 am Post subject: Dealing with breach of contract |
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My employer is refusing to pay the minimum salary required in our contract for December, despite the fact that the contract provides for paid holidays etc. I am certain that I am correct, and that the employer is now in breach of the contract. The difference of pay in question does not justify hiring an attorney. It occured to me that I could simply hold some books from the school as "collateral" or as payment in kind. Has anyone else done this? What possible legal problems does this entail, e.i., possibility of criminal prosecution?
If I do not have a work visa, would they file complaint? I still don't know what my legal status is here now. I was expecting to finalize a work visa at the Polish Consulate in New York before returning, but the employer never completed the paperwork. They did get me a pesel. They also said they applied for a tax number for me in December, even though they claim to have withheld taxes for October and November without this tax number. How do I verify that the taxes were paid? Could they really withhold taxes for me without a tax ID number?
[Edit] Has anyone from the U.S. actually received a work visa without returning to the U.S.? I would like to know if I have to leave the country to get my work visa in New York. If so, I think I can sue this weasel for the cost of airfare, which will make it worth the cost of getting an attorney. Any info on this is greatly appreciated. |
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Alex Shulgin
Joined: 20 Jul 2003
Posts: 553
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| Posted: Sun Jan 08, 2006 6:29 pm Post subject: |
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| CROGO wrote: |
| My employer is refusing to pay the minimum salary required in our contract for December, despite the fact that the contract provides for paid holidays etc. I am certain that I am correct, and that the employer is now in breach of the contract. The difference of pay in question does not justify hiring an attorney. It occured to me that I could simply hold some books from the school as "collateral" or as payment in kind. Has anyone else done this? What possible legal problems does this entail, e.i., possibility of criminal prosecution? |
Just make sure that you never say (assume that any and all conversations may be taped) and certainly never write �I�m keeping your books until you pay me� and you should be OK.
But with that said books really are not your best bet for getting paid. You�ll be better off first appealing to the sense of principles your boss has. Point out that your contract says you should have something and that you expect to get it. You want nothing more but you do want what your contract says you will get. If that doesn�t work don�t bother with an attorney. Just let your boss know that you�ll report him to each and every government body which can make his life hell. Basically that means the tax office but you can also get the labour office involved (issues connected with failing to do your paperwork for the work permit and any/all health and safety issues you can think of).
Also consider letting the boss know that should you not be paid you�ll make sure plenty of people know about that via info sources like this, www.teachpoland, the Polang email list group, and every other place teachers look. If the hassle your boss will have plus the damage to his reputation and ability to recruit future teachers is more than the money he owes you then he should pay up. Just try not to p*ss him off, a lot of school owners are not very logical business people and instead make everything very personal. Don�t play that game.
| CROGO wrote: |
| If I do not have a work visa, would they file complaint? I still don't know what my legal status is here now. I was expecting to finalize a work visa at the Polish Consulate in New York before returning, but the employer never completed the paperwork. They did get me a pesel. They also said they applied for a tax number for me in December, even though they claim to have withheld taxes for October and November without this tax number. How do I verify that the taxes were paid? Could they really withhold taxes for me without a tax ID number? |
Getting the work permit is their responsibility and cost, not yours. As long as you are legally in Poland (ie have a valid visa of some type) then you�ve got nothing to worry about. Even if you did get taken to court you could argue that it is not your fault that you worked without a permit because it was not your responsibility to get one.
The tax issue is one which I haven�t heard firm info about before. The best way to check that tax has been paid is to contact the tax office direct and ask them for a statement of how much tax you have paid in this year. Getting that costs PLN 20 and takes about five working days. Just telling your boss that you plan to do that and will tell the tax office of any tax which was with-held but not paid should get him moving. He might run to the tax office and pay the back taxes or he might offer to cut you in on the money with-held.
| CROGO wrote: |
| Has anyone from the U.S. actually received a work visa without returning to the U.S.? I would like to know if I have to leave the country to get my work visa in New York. If so, I think I can sue this weasel for the cost of airfare, which will make it worth the cost of getting an attorney. Any info on this is greatly appreciated. |
You should not be able to get a work permit while in Poland on a tourist visa. Work visas can only be issued in Polish consulates in the country where the applicant is legally resident.
Can you sue the boss for the cost of airfare needed for the trip to get your permit? Probably/perhaps. But it�ll cost plenty (and you could lose) and take a long time. Just chalk it up to experience. I�m still owed airfare by three different schools. Once I�d been here for three years I realised that there is no point asking for airfare, just go for a higher hourly rate. Same is true for paid holidays. Schools have a very fixed amount of cash to pay teachers with. Whether you take that as hourly rate only or lower hourly rate 'plus' benefits doesn't change how much they can afford to give you. Only difference is that it's much harder to get ripped off if you're just getting paid for the work you do every month. |
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CROGO
Joined: 15 Mar 2004
Posts: 46
Location: Krakow
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| Posted: Mon Jan 09, 2006 7:57 am Post subject: |
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| Alex Shulgin wrote: |
Just make sure that you never say (assume that any and all conversations may be taped) and certainly never write �I�m keeping your books until you pay me� and you should be OK. |
I am now thinking of keeping all the class bleeps. They do get audited. 
| Alex Shulgin wrote: |
But with that said books really are not your best bet for getting paid. You�ll be better off first appealing to the sense of principles your boss has. Just try not to p*ss him off, a lot of school owners are not very logical business people and instead make everything very personal. Don�t play that game. |
The problem is that he has no principles. This is all an ego game. He wants to see how much he can get away with. Would a logical person jeopardize future profits for a few lousy PLN?
| Alex Shulgin wrote: |
| Also consider letting the boss know that should you not be paid you�ll make sure plenty of people know about that via info sources like this, www.teachpoland, the Polang email list group, and every other place teachers look. |
Regarless of the outcome, I intend to file a report about this weasel.
Last edited by CROGO on Fri Jan 20, 2006 12:21 am; edited 2 times in total |
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Alex Shulgin
Joined: 20 Jul 2003
Posts: 553
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| Posted: Mon Jan 09, 2006 8:59 am Post subject: |
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| You want to send me the name of the school by private message? |
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budhano
Joined: 20 Nov 2005
Posts: 6
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| Posted: Sat Jan 28, 2006 2:15 pm Post subject: |
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| Alex Shulgin wrote: |
| You should not be able to get a work permit while in Poland on a tourist visa. Work visas can only be issued in Polish consulates in the country where the applicant is legally resident. |
As explained to me by a government worker at the office for the region (Urząd wojew�dzki) here, there is a difference between a work permit and a work visa. A visa must be received in your home country, while the permit can be received in Poland. The office seemed to handle many such applications while we were there, and had information sheets printed in many languages (English, Arabic, etc) about "Instruction for a foreigner applying for a residence permit for a specified period of time." The people in the office with whom we spoke understood that I am a US citizen currently here as a tourist and wanting to get a 1-year permit to live and work here, and seemed to regard it as an ordinary routine affair. The residence permit is done concurrently as a work permit (which was filed by my future employer), and granting of the residence permit depends on my receiving the work permit. We were told the process can take 45 days or so. |
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Alex Shulgin
Joined: 20 Jul 2003
Posts: 553
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| Posted: Sat Jan 28, 2006 7:07 pm Post subject: |
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| Which office was that? |
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Kymro
Joined: 19 Oct 2003
Posts: 244
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| Posted: Sat Jan 28, 2006 9:46 pm Post subject: |
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| Alex Shulgin wrote: |
| You want to send me the name of the school by private message? |
When he asked me for a job on Jan 18 I believe he was working for this outfit:
http://www.jago.pl |
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budhano
Joined: 20 Nov 2005
Posts: 6
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| Posted: Sat Jan 28, 2006 10:56 pm Post subject: |
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| Alex Shulgin wrote: |
| Which office was that? |
The Dolnośląski urząd wojew�dzki in Wrocław. |
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Alex Shulgin
Joined: 20 Jul 2003
Posts: 553
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| Posted: Sun Jan 29, 2006 4:09 pm Post subject: |
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| budhano wrote: |
| Alex Shulgin wrote: |
| Which office was that? |
The Dolnośląski urząd wojew�dzki in Wrocław. |
Thanks. Keep us up to date on this. It could be a shift in policy.
Good luck. |
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Khrystene
Joined: 17 Apr 2004
Posts: 271
Location: WAW, PL/SYD, AU
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| Posted: Thu Feb 02, 2006 9:55 pm Post subject: Re: Dealing with breach of contract |
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| CROGO wrote: |
My employer is refusing to pay the minimum salary required in our contract for December, despite the fact that the contract provides for paid holidays etc. I am certain that I am correct, and that the employer is now in breach of the contract. The difference of pay in question does not justify hiring an attorney. It occured to me that I could simply hold some books from the school as "collateral" or as payment in kind. Has anyone else done this? What possible legal problems does this entail, e.i., possibility of criminal prosecution?
If I do not have a work visa, would they file complaint? I still don't know what my legal status is here now. I was expecting to finalize a work visa at the Polish Consulate in New York before returning, but the employer never completed the paperwork. They did get me a pesel. They also said they applied for a tax number for me in December, even though they claim to have withheld taxes for October and November without this tax number. How do I verify that the taxes were paid? Could they really withhold taxes for me without a tax ID number?
[Edit] Has anyone from the U.S. actually received a work visa without returning to the U.S.? I would like to know if I have to leave the country to get my work visa in New York. If so, I think I can sue this weasel for the cost of airfare, which will make it worth the cost of getting an attorney. Any info on this is greatly appreciated. |
When you said that they got you a PESEL, do you mean they got you a NIP which is a tax file number? PESEL is for residents usually... |
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Khrystene
Joined: 17 Apr 2004
Posts: 271
Location: WAW, PL/SYD, AU
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| Posted: Thu Feb 02, 2006 9:58 pm Post subject: |
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Also, I hope you're not still working there and have looked elsewhere for work.
Personally, if up til now you haven't received your wages, I doubt that you will. Clock it up to experience, and broadcast the companies name all over the web. |
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