Bailiff seized hospital money. More nurses win in court

• Mediation is underway with some of the nurses and midwives of the Voivodeship Specialist Hospital in Częstochowa. Some have filed applications for payment of the awarded claims. Bailiff enforcement is underway
• The staff of the nearby Municipal Hospital in Częstochowa also decided to take legal action.
• The Polish Trade Union of Nurses and Midwives estimates the number of lawsuits for wages in Poland at several or even several thousand.

Since the introduction of the amendment to the Act on Minimum Wages in Medical Entities in July 2022, the Provincial Specialist Hospital in Częstochowa has experienced turmoil with the wages of nurses and midwives. They have been demoted from group 2 of the pay scale to lower ones, without recognizing their higher education.

Dissatisfied with unequal treatment (other professional groups were recognized for their qualifications), they began filing pre-trial summonses, then lawsuits. Despite subsequent positive first-instance judgments, their salary situation in the facility did not change. Mediation was proposed, however, and the vast majority of nearly 1,000 employed nurses and midwives sat down for it.

- We are making a big bow to the employer, trying to limit the costs that the hospital would have to bear in court. The talks are dragging on, but as a trade union we will not allow anyone's rights to this money to expire. We have another round of talks and negotiations planned for mid-May. I deeply believe that we will reach a final agreement - says Mariola Koćwin , chairwoman of ZOZ OZZPiP at the Provincial Specialist Hospital in Częstochowa.

When we asked the hospital about the remuneration issue, the facility explained that due to the ongoing mediation and the obligation of all parties to maintain confidentiality, "information in this regard cannot be provided".

As we hear, over 100 nurses do not participate in mediation and have used the court route, where in some cases there have already been further positive judgments in the second instance. When the hospital does not pay the claims, the employees filed applications for enforcement of the judgments.

- Regarding the execution and related costs, at the moment there are no classes for nurses and midwives - writes Łukasz Majewski, the hospital spokesman.

Such a seizure does take place, however. Not directly on the hospital accounts, but on funds transferred to the facility by the Silesian Voivodeship Branch of the National Health Fund.

- We have been trying to reach an agreement with the hospital management for three months, but without success. Currently, in 13 cases, enforcement proceedings are underway - says attorney Teresa Kaczyńska-Kochaniec, representing some of the nurses at the Częstochowa hospital.

As she calculates, the claim of individual employees amounted to over PLN 17,000. Adding all the costs of enforcement, it will now amount to over PLN 30,000 for the hospital. The first enforcements have been successfully completed and some of the nurses have already received the money.

Let us add that since the amendment of the Remuneration Act, the hospital has been managed by three directors: Zbigniew Bajkowski, Łukasz Połatyński and, from 1 January 2025, Beata Pochodnia.

Currently, the deputy director for administration is Małgorzata Puchała-Augustyn - privately the wife of Marek Augustyn , whom she replaced in the position at the hospital when he was promoted to vice-president of the National Health Fund in February 2024.

In turn, the deputy director for healthcare is Marcin Pakulski , former vice-president of the National Health Fund (currently also acting president of the National Health Fund), member of the Team for Systemic Changes in Health Care appointed by the Minister of Health Izabela Leszczyna .

Nurses from the nearby Municipal Hospital in Częstochowa, which was headed by the current deputy minister Wojciech Konieczny until he left for the Ministry of Health in 2024, also decided to take legal action.

- Until the time of Director Konieczny's rule, our qualifications were recognized. After the change of authorities last year ( Beata Szafraniec became the director - ed.), there were turmoils with remuneration, demotion to lower groups - says Alicja Krakowiecka, chairwoman of the Trade Union of Nurses and Midwives at the Municipal Hospital in Częstochowa.

- Despite the post-inspection recommendations of the State Labor Inspectorate that salaries are not paid in accordance with the law, nothing has changed. After further degrading notices, the nurses took their cases to court. Currently, 50 of them are waiting for a hearing date to be set. Some are resigning from work, moving to other entities - she adds.

The Polish Trade Union of Nurses and Midwives estimates the number of lawsuits over wages in Poland at several or even several thousand.

Nurses fight in three cases:

• demoting with a master's degree and specialization from group 2 to lower groups;
• too high disparity in wages between individual groups when performing the same duties;
• lack of recognition of higher qualifications acquired after the introduction of the Act.

Cases are pending in the first and second instance. In most cases, positive verdicts are issued for nurses. This also happened at the level of the Supreme Court, which in April dismissed the cassation appeal of the Provincial Specialist Hospital No. 2 in Jastrzębie Zdrój .

As calculated by attorney Kaczyńska-Kochaniec, who represents around 800 nurses and midwives from a dozen or so hospitals, the average value of a claim ranges from PLN 70,000 to over PLN 90,000 per person. With the increase in court costs and interest costs, potential compensation may be counted in the millions.

In 2022, after the introduction of the Act, the minimum gross wages of nurses and midwives were:

• Group 2. - PLN 7,304.66 - employed in positions requiring a master's degree and specialization
• Group 5 - PLN 5,775.78 - employed in positions requiring a master's degree or employed in positions not requiring a master's degree but requiring specialization
• Group 6 - PLN 5,322.78 - for other nurses and midwives

Currently they are:

• Group 2 - PLN 9,230.57
• Group 5 - PLN 7,298.59
• Group 6 - PLN 6,726.15

After the next indexation, which will take place on July 1, 2025, it will be:

• Group 2 - PLN 10,554.42
• Group 5 - PLN 8,345.35
• Group 6 - PLN 7,690.82

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