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Situation highlights pathology and indifference towards workers in Poland
ZSP demands payments and real solutions for workers suffering from wage theft

A group of workers from Atlantic and subsidiary VIS Retail are fighting to get paid from bosses who closed up shop and disappeared. Atlantic is a well-known producer of underwear. It had over 200 shops and was a market leader in several E. European countries. In recent months, the company stopped paying workers, shops were closed down and people were out of a job without giving any notice. The owners of the concern disappeared, nobody answered emails or phone calls.

After being contacted by a worker who wanted to take action, we found a several dozens more people. Their stories paint a sad picture of what it is like for unorganized workers whose bosses don't pay. Many had approached institutions such as the State Labour Inspectorate for help. But it does nothing in these situations and could not even offer advice as to what to do. As we know, the only thing which can be done is to organize and take action.

After finding out that Atlantic was filing for bankruptcy, ZSP organized a protest at the court and confronted Wojciech Morawski, founder, former owner and Chairman of the Board of Atlantic and Bartosz Bielski, (former?) Chairman of the Board of VIS Retail. Workers demanded their money but only heard excuses from the bosses, who retorted that workers can just email them or that there was „no money”.

Normally, we would be picketing at the shops or at the headquarters, but the shops are closed down and the headquarters too. Due to the procedure for Atlantic, we need to know if there is any money in the company and then lay claims to it. If not, then there is an option to get some money from a State Fund (but not all). The average taxpayer will pay to bail the corporation out of part of its obligation.

ZSP however points out that Atlantic employeed workers but through Atlantic and VIS Retail. Some employees claim that this may have also enabled them to get around a rule requiring a company to give a permanent employment contract if s/he has already finished 2 fixed-term contracts and employment is extended. According to the union, corporations often use tricks like this to legally go around the labor law and, with the help of the state turning a blind eye, to pretend workers are employed at two different companies when in fact they are doing the same job for the same entity.

Atlantic's corporate structure was complicated, being owned by two entities, one with over 99% of the shares held by Morawski, the other with Morawski has the main shareholder. VIS is 100% owned by Atlantic. Yet Morawski claimed that he doesn't even know who owns Atlantic or who is the Chairman of its Board. VIS is still doing business, Atlantic is still selling underwear wholesale and on the internet.

With such a structure, workers are concerned that assets could have been transferred . Such concerns are well-founded in a country where companies have transferred entire businesses to empty businesses just to avoid financial obligations.

Speaking of obligations, when a company cannot pay its obligations (ie workers' salary) due to lack of assets, they are obliged to file for bankruptcy. The workers can also make this filing. This is because an insolvent company should not continue in business, creating more debts and leavings workers without earnings. Legally, members of the Board have 14 days to do this and if they don't, it may be considered an economic crime. Atlantic filed for bankruptcy on June 1, probably 6 months too late. And VIS, which still owes many workers months of wages, is still in business.

We say that if you don't pay workers, you should be out of business, not left out their to screw new, unsuspecting employees. ZSP intends to help the workers get whatever they can.

We also warn workers about not only these companies, but the specific individuals who ran them. In this group we would like to include the HR director, Małgorzata Cz., who got some workers to sign agreements they did not fully understand, with clauses that they mutually agree to terminate their agreements and waive any claims. We will question the validity of these agreements and advise all workers against ever dealing with Ms. Małgorzata.

In the meanwhile, we point out the complete uselessness of the State Labour Inspectorate in these type of situations. Due to the various complaints by workers that they weren't getting paid and shops were closing down, the Inspectorate should have done something to initiate proceedings against Atlantic. If somehow they felt it was not in the competencies, then it is high time to change them, so that this institution can actually help workers.

The next court date against Atlantic is on August 14.

ZSP-ZW Warsaw