Pracujesz na umowie śmieciowej? Możemy pomóc!

Agency Publishes Personal Data and Address of Former Workers, Has Problem with the Facts
Tagged:

The Full Job Agency is trying to scare workers, publishing their personal data on their internet page and threatening lawsuits because somebody described the situation about unpaid wages for June.

The Facts:

Some people working through the Agency for Direct Post did not receive money for June. The Agency even admits this in letters to the workers – but on their webpage write something totally different. The workers received different reasons for the delay, but finally were told that they weren't paid because Direct Post didn't pay the agency. Of course this is the problem of the Agency. The workers tried to fight for this money. Now some of them work directly for Direct Post.

In a letter to people formerly working through the agency, Full Job writes:

Dear Sirs,

In relation to the numerous telephone calls and emails which we get from you about the overdue pay from June, I would like to inform you that: the case is pending and a suit for payment has been made against Direct Post....

…. All letters and calls for payment sent to us will be sent to the Court in Lublin as a civil procedure, where the Court will be informed by us of the Claim … Only after the Court rules that Direct Post must pay us, we can pay you the salary.

In Polish labour law, it is not legal to not pay workers – but the people working through the Agency were not given the status of workers, despite the fact that the Act on Temporary Work Agencies states that such agencies should hire people on the basis of a working contract. Instead, the people were getting paid for mail delivered and often received very low salaries. To give an idea of the amount of money people are fighting for, it is sometimes less than 100 euros. Despite this, the Agency claims it cannot pay the workers.

In August the information about this appeared, among other places, on the website cia.media.pl. There it is written that workers of Full Job in ZSP informed about the situation of non-payments, a fact which the Agency itself admits. In response to the pressure put on the company, the Agency has started to use threats and reveal the full names and personal data of two former employees – which is a clear violation of the strict law on protection of personal data, which can result even in two years of prison for such violations on the part of the employer.

Full Job writes in an agressive way about the case, defaming a former employee and the portal. They say they are suing both and connect one worker to the article, although there is absolutely nothing we know of which would show that he wrote it. (In fact, we doubt that he was involved.) Among the interesting things on the website, they refer to „pseudo-groups and associations”, describe everything as lying nonsense (despite their own admissions), claim they have no late payments, that people should not believe ex-workers that only want to hurt the firm, etc. After the publication of the letter, we believe that the people and portal mentioned in the text have a much stronger legal basis to sue the Agency than the Agency has against anybody.

But the Agency probably is counting on something else. It attached to its site and sent workers a court decision against another former employee for complaining about it on the internet in 2011. That person was ordered to pay 1300 euros. It tries to convince people in this case that they are sure to receive a similar judgment, despite the fact that we assess they have no basis for any claims at all. In this way, the Agency seems to be trying to convince former employees that that they don't have to pay them unless the Court orders payment from the user Company and that they will be forced to pay big compensation to the Agency for speaking out.

If that isn't bad enough, we consider the publication of the personal data of the employees in violation of legal acts to be an attempt to get workers blacklisted.

Finally, the Agency claims in a letter to the employees that Direct Post did not pay the Agency because the people worked badly, naming some violations. However the people we know were hired directed by Direct Post after this situation occurred, so it is illogical they would hired people if they thought they had committed those violations. The Agency is fully aware of the hiring of these people since they also are trying to fine one of them for breaching a non-competition clause of the contract by going to work directly in the user company.

ZSP notes various violations on the part of the Agency and is taking steps by informing of the situation and taking various action, including legal action, against this Agency.