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(en) Polannd, WORKERS' INITIATIVE: "We don't want to harm anyone - we just want to get the money back" - Club Punto is still indebted to former employees [machine translation]
Date
Sat, 26 Oct 2019 08:23:33 +0300
In May, an employee who did not receive remuneration for work at the Poznan club Punto
came to the Employee Initiatives. This is the place where drag kings and drag queens
perform, important figures in LGBT culture. Punto functions as a club friendly for people
with different sexual orientation - but is it friendly for employees? The arrears towards
the person who came to us were repaid only after our intervention. We thought the problem
was one-off, but in September more people came forward who also did not receive a salary.
We talk about Punto with Pawel, Justyna and Darek. In the photo in front of the club they
hold pay orders from the Labor Inspectorate, obliging the owner of the premises to pay
overdue remuneration and compensation for a total amount of PLN 27 thousand. zl.
How did you work at Punto?
Darek: I have worked as a bartender since the club's opening, i.e. from September 2018. I
finished my work in June 2019. It wasn't easy: you have to do everything to satisfy your
clients, you work mainly at night. However, I was very satisfied, I could meet many people
and I wanted them to be happy in our club.
Justyna: I was also employed from September 2018 to June 2019. I worked as a bartender
help, supplied glass and ice, refilled refrigerators, cleaned, washed everything,
collected empty dishes from the tables.
Pawel: I did practically everything: I had the duties of a manager, I stood behind the
bar, I worked on inventory, invoices, goods, cash register, I took care of guests. It was
written in my contract that I was a manager, although I had the same rate as everyone
else. We were getting the same money. And then we didn't get them anymore.
On the 10th of the month, nothing was credited to your account?
Pawel: All in all, we never got a salary on time and we had to ask for money each time.
Our private commitment was not important to the boss. Larger problems began in February,
when the owner partner stopped dealing with financial matters, and then withdrew. We
received a salary for February at the end of March. The bosses made meetings. We were told
that the club is insolvent, that there is no money.
Have you agreed to work without pay?
Pawel: We were hoping that the situation would improve in a moment. We saw a really big
development of the club, but we didn't have any insight into the documents. We thought the
club was making a living. Each of us worked behind the bar, we saw what the orders are and
what turnover.
Darek: It lasted until the end of June. Already in April 5 or 6 people left. New ones were
not employed, so the rest worked more. We have heard weekly declarations that there will
be money in a moment. We lived practically only from tips, but we did not tell our
customers, we still hoped for improvement. Each of us cared about this club, because we
built it from the beginning: we removed rubble, painted the walls, Pawel even worked at
the construction site. When the club flooded, we cleaned after hours. We spent more time
there than at home. That's why we agreed to it. In June, it was again promised that the
company would regulate everything: we were assured that they would take a loan to finance
previous payments. But a lower loan was granted, so we were repaid only partially in March
and April. We no longer wanted to work for free.
What steps did you take?
Justyna: In June we were at the National Labor Inspectorate, we filed a complaint. We
terminated the employment contract because of a serious breach by the employer of
obligations towards employees.
Darek: I wrote to the boss a dozen times and asked when we would receive the money. In
June I got the answer that I know that the company is insolvent, but the boss is doing
everything to regulate it and maybe it will be explained in days. We have October, nothing
has been explained. We have sent immediate payment requests. Unanswered. The inspector
asked us to try to write again. We suggested paying the debt in installments.
Justyna: While we were still working, we suggested to the boss that we could receive even
days, because we didn't have a flat. For March and April we didn't get a normal salary,
but an advance payment, which we had to ask for. We have screenshots of conversations,
where we are asking for PLN 100, PLN 500.
How do you assess the effects of the Labor Inspection control?
Pawel: The control was not very effective. Punto got a pay order with immediate
enforceability. In response to the complaint, we received confirmation from the
Inspection. Based on the documents presented, it was found that the employer did not pay
Justyna 7,700 PLN, Darek 5200 PLN and me over 14 thousand. PLN gross, including
compensation. Weeks passed and nothing happened. The inspector can be contacted only one
day a week, at certain times. The inspector spread her hands and said that she could do
nothing, she did not have a firearm, she could not put a knife to her throat and make her
pay. That's what she used. For me it's a joke.
Darek: The inspector said we should try to get along somehow, because she can't do
anything. We were to wait or write a request for a second check, because the more
complaints, the faster the process can be accelerated. We wrote the second complaint and
nothing accelerated. A second check is in progress.
Have you thought about a labor court?
Pawel: Yes, but only now we are getting back on our feet, we have a new job. Paying debts
to friends is our priority, we can't afford a lawyer.
You applied to the Employee Initiative. The union tried to mediate, but your employer,
initially willing to talk, suddenly broke off contact. In this situation, we are
considering protests. Do you count on support from your environment?
Darek: I want to think that if someone is hurt, then he is behind him. We think that we
did our job well. After leaving we got a lot of news that we are missing, that we were the
heart of this club. It hurts the most. I hope that LGBT will support us. We repeated from
the beginning that we only want to recover our money, we do not want to harm anyone. That
is why we have been silent for a long time. The club has a great idea: it is a place where
performers, drag queens can show themselves and feel safe. We fought for it from the very
beginning. We wanted the club to survive, be an asylum. But since we didn't feel safe
there, I think this place is not so sure.
Pawel: Our parents also said they would come if there was a picket outside the club. They
will stand with us and fight.
Do you have any expectations besides paying back the arrears?
Darek: We think changes are needed. People work in Punto. I don't know if they have salary
problems, I don't know them. I wish it was obvious that they would work for decent money.
This is a big club, it put a lot of effort into it, I would like it to survive and let the
employees feel good there and the employer fulfills his duties. And I would like Poland to
have institutions that can do more frequent checks and be able to draw consequences from
violations. Now it is over and the inspection is over. I want to make an appeal: many
people knew us, they know what kind of people we are. They know that we never acted to the
detriment of the club, we always tried to put everything on the last button, we had ideas.
Many people knew that this is our home, so I turn to their consciences. We would not only
like to solve our problem, but also a more general problem: that gastronomy finally moves
forward, that you can work in accordance with the law and that people be treated fairly.
We are determined. We tried everything: talks, settlements, appealing to institutions. It
didn't help, so please support. And if we don't get overdue salaries, we are ready to
stand in front of Punto with the picket. We no longer have other ideas on how to recover
what is ours.
/ interviewed by Agnieszka Mróz
http://ozzip.pl/teksty/informacje/wielkopolskie/item/2533-nie-chcemy-nikomu-szkodzic-chcemy-tylko-odzyskac-pieniadze-klub-punto-nadal-dluzny-bylym-pracownikom
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