They want the bailiff to take more from wages to cover debts. The petition is already in the Sejm
The author of the petition, which was submitted to the Sejm, appeals for more effective enforcement of debts from the minimum wage. As the minimum wage increases, so does the protection of the debtor, which in practice means that effective enforcement is impossible.
- Depending on the situation, sometimes not a penny can be withdrawn from the account of a debtor earning the minimum wage.
- The amount free from deductions is intended to protect wages from excessively high deductions.
- As the minimum wage increases, so does the protection of the debtor, which often means that effective enforcement is no longer possible, argues the initiator of the changes.
The author of the petition (who did not consent to the publication of personal data) appeals for the fastest possible update of Article 87 of the Labor Code. It states that:
§ 1. The following amounts of remuneration are free from any deductions:
- the minimum wage, determined pursuant to separate provisions, to which full-time employees are entitled, after deducting social security contributions, personal income tax advances and payments made to the employee capital plan, if the employee has not waived their right to make such payments – when deducting amounts enforced under enforcement titles to cover liabilities other than maintenance payments;
- 75 percent of the remuneration specified in point 1 – after deducting any cash advances granted to the employee;
- 90 percent of the remuneration specified in point 1 – after deducting the financial penalties provided for in Article 108.
§ 2. If an employee is employed part-time, the amounts specified in § 1 are reduced in proportion to the working time.
The amount free from deductions is intended to protect wages from excessively high deductions. Since January 1, 2025 - due to the increase in the minimum wage - it is higher. The lowest national wage is PLN 4,666 gross. As calculated by the portal infor.pl, in 2025 the amount free from deductions - depending on the situation - is as follows:
- Deduction of amounts enforced under enforcement titles to cover liabilities other than maintenance payments – 100% of the minimum wage, i.e. PLN 3,510.92,
- Deductions for cash advances given to an employee – 75 percent of the minimum wage, i.e. PLN 2,633.19,
- Deductions of fines provided for in Article 108 of the Labor Code – 90 percent of the minimum wage, i.e. PLN 3,159.83,
- Voluntary deductions, i.e. those made with the employee’s consent – 80 percent of the minimum wage, i.e. PLN 2,808.74.
According to the petitioner, these values should be updated as the minimum wage increases. Because currently there is no possibility of conducting effective enforcement in the case of debtors earning the minimum wage. As an example, he cites the debt of tenants of residential premises that are in public resources. According to data from the National Debt Register, property administrators in Poland have a big problem with collecting debts, because over 8 million apartments belonging to housing cooperatives and communities, communes or TBSs are indebted.
- In connection with this, I call for taking specific steps and actions. One of the more rational solutions may be a change in the law, i.e. Article 87 of the Labor Code concerning the minimum wage or its appropriate percentage, constituting the amount free from deductions. As it increases, the protection of the debtor increases, which often means the inability to conduct effective enforcement. In reality, not only both parties to the enforcement proceedings lose out, but the entire economy - argues the author of the petition.
The full text of the petition is posted below the article.
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