Belarusian woman sues Polish social security over pension. The agency deemed her work fictitious

"They said: even one day of work is enough"

Lyudmila (name changed) is 65 years old. In Belarus, she worked as a teacher her whole life. After a forced move to Poland, she decided to try to apply for a Polish pension.

— In ZUS, they always said that even one day of work in Poland was enough for a person to gain the right to a Polish pension, — Lyudmila recounts.

Indeed, in the Polish pension insurance system, the right to a pension arises upon reaching retirement age (60 for women and 65 for men), if a person has been insured in the ZUS system at least once. However, the amount of the payment depends on the sum of contributions — therefore, with a short employment period, it can be very small.

However, if the total work experience is sufficient (a woman needs to have worked 20 years in her entire life), then the pensioner has the right to claim a top-up to the minimum pension established in Poland. These 20 years also include years of experience in Belarus.

And the amount of the top-up is determined as follows: they check whether a pension has been granted in Belarus and its amount, add the pension earned in Poland, and compare the resulting sum with the minimum pension established in Poland.

The difference is topped up. In addition, in Poland, so-called 13th and 14th pensions are due — additional payments that pensioners receive twice a year regardless of the amount of the main pension.

In Poland, Lyudmila found a job as a teacher at a school, where she taught Belarusian language and mathematics.

— I had four lessons, once a week on Saturdays. I worked for three months, — she says.

After that, the woman applied for a pension at ZUS.

"A person who worked as a teacher all their life was effectively accused of fraud"

But instead of a decision on granting the pension, the agency asked for proof that Lyudmila actually worked. The woman submitted photos from the school, didactic materials, information about class dates, the school's address, and phone number.

However, even after this, ZUS refused. The decision stated that the agency had suspicions of "conspiracy with the employer" to obtain pension preferences.

Meanwhile, the woman continued to work. Currently, she conducts online lessons for two educational foundations.

— The most offensive thing is that I, a person who worked as a teacher all my life, was effectively accused of fraud, — she says.

In February, she learned about a court hearing that took place in January

On the advice of acquaintances, Lyudmila sought legal assistance from an organization that helps migrants — the "Polish Migration Forum." A lawyer helped her prepare the lawsuit for free. In the spring of 2024, the woman filed it with the District Court of Warsaw.

At that time, she lived in the Polish capital and paid for an apartment. Over time, she ran out of money, and Lyudmila moved to Bialystok. However, she warned the landlady of the apartment in Warsaw that a letter from the court might arrive in her name. And she asked her to inform her about it.

On February 1, 2025, the landlady wrote to the Belarusian woman that a registered letter had arrived. When Lyudmila came to Warsaw, it turned out that the hearing had taken place on January 8.

— I did not receive a summons. I asked to call witnesses — for example, the director of the school where I worked. But they were not called either, — she says.

As a result, the court denied the woman's claim for formal reasons — she did not rectify the deficiencies in the documents within the specified period.

"When I received that decision, I was very happy"

Then Lyudmila began preparing an appeal. Activists from the Partyzanka initiative helped with this. And it seemed that she managed to defend her position a second time: the appellate court overturned the decision of the district court.

In its ruling, the court noted that the woman found herself in a difficult situation: she was forced to leave her country and look for work in another. And that the court of first instance denied her on formal grounds, without delving into the merits of the case.

— When I received that decision, I was very happy, — says Lyudmila. This was in April 2025.

"I might also be charged with court costs"

However, the story did not end there. For a long time, the woman received no news, and she herself sent an inquiry to the district court — that's how she learned that ZUS disagreed with the appellate court's decision. A new hearing in the case is scheduled for May 2026.

The agency filed objections, signed by a group of lawyers. It continues to insist on fictitious employment.

— If the court sides with the agency, I might also be charged with court costs, — says Lyudmila.

Belarusians might fictitiously employ their compatriots

The woman started seeking help from various organizations: Sviatlana Tsikhanouskaya's office, the National Anti-Crisis Management (NAM), Free Belarus Center, the Partyzanka initiative.

— NAM found a lawyer for me and promised to help with paying for his work. I am very grateful to them for that, — says Lyudmila.

She knows at least two Belarusians in a similar situation. One court hearing is due to take place in March in Bialystok, and the other — in Warsaw.

Among some of Lyudmila's acquaintances who managed to receive a pension, the employers were Poles. But in cases where suspicions arose, the employers were often Belarusians.

— There's a suspicion that ZUS believes Belarusians might fictitiously employ their compatriots, — she says.

Pension in Bialystok depends on the court in Warsaw

In the summer of 2025, Lyudmila again applied for a pension — this time in Bialystok, where she continues to work. The response letter from ZUS was unexpected for her.

— In the letter, the agency stated that it does not doubt that I worked, but the final decision will be made only after the court case in Warsaw is concluded, — says Lyudmila.

If the court sides with her, the pension should be granted retroactively — for the entire period since the application was filed.

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