POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
Attorney’s Fees In Poland, the party that prevails in labour court pro - ceedings – whether an employee or an employer – may be entitled to reimbursement of legal costs, as determined by the court. Typically, the losing party is required to cover the winning party’s statutory court fees, fixed legal representation costs, and any reason - able, documented expenses associated with the case. It is important to note that attorney’s fees are award - ed based on statutory rates set by law, rather than the actual costs incurred. As a result, the compen - sation granted often represents only a portion of the true legal expenses. In rare and exceptional cases, the court may grant reimbursement exceeding these statutory limits, but such outcomes are uncommon.
for disputes involving companies or collective agree - ments where parties have negotiated arbitration clauses. Mediation Notwithstanding the foregoing, mediation is an effec - tive and increasingly used method for resolving employment disputes. Mediation in labour disputes is a voluntary (at every stage of the mediation) and confidential process facilitated by a neutral third par - ty (mediator) who helps the parties reach a mutually beneficial agreement. The key principles of mediation include voluntary participation, confidentiality, impar - tiality of the mediator, and a focus on flexible, creative solutions. 9.3 Costs Court Fees for Employees Starting from 29 September 2023, individuals bringing employment-related claims in Poland no longer need to pay court fees, regardless of the claim’s amount. Previously, a fee was required for claims exceeding PLN50,000, calculated as 5% of the claim’s value. This change – removing all court fees for employment disputes – has contributed to a noticeable rise in the number of such cases being filed.
463 CHAMBERS.COM
Powered by FlippingBook