Settlements Under Polish Employment Law

Resolving an employment dispute in an amicable way seems to be beneficial for both parties: the employer and the employee. The Polish Labor Code includes special provisions regulating the conciliation procedure that may be conducted before the employee files the formal court claim. Labor courts often encourage parties to attempt to reach a settlement, in particular, by using the special mediation system. Settlements may also be reached outside the court. Even though it appears straightforward to reach settlements, there are a number of restrictions under Polish employment law which need to be taken into consideration.

The most important restriction is contained in Article 84 of the Labor Code, which states that an employee may not waive the right to remuneration or transfer that right to another person. This means it is impossible for the employee to effectively waive the right to remuneration or any part of it by any declaration, act in law or even by way of a