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Living and working in Poland
Data: Tackling undeclared work in Europe Legal context The Labour Code Kodeks pracy regulates the rights and duties of employees and employers in Poland. A major reform of the Labour Code attempted failed in anti aging 2830 twt, as two draft regulations dealing with individual and collective employment relations, respectively were decided not to be proceeded by the parliament.
In regulations introducing hourly minimum pay at 13 PLN, Approximately 0. Vast part of the amendments will enter into force on 1 January The maximum number of social partner delegates to the body cannot exceed 25 on each side. Most recent analyses point to symptoms of neo-etatism with growing voluntarism of the state emerging Czarzasty, Mrozowicki Polish industrial relations combine a high level of collective bargaining decentralisation with the relatively weak institutions of social dialogue at the national level the Social Dialogue Council, RDS and previously the Tripartite Commission on Social and Economic Affairs, TK and underdeveloped industry-level collective bargaining.
Most collective bargaining takes place at the company level. For many years there has been an important political divide between trade unions, reflecting their communist and anti-communist past. The state plays an important role in Polish industrial relations.
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First, it is an important employer, as Second, national legislation remains the basic reference point for setting minimum wages and working conditions for most employees in the private sector as well due to limited collective bargaining coverage at all levels. Third, the state authorities play a crucial role in the tripartite social dialogue at the national and regional level.
In June the new legislation re-establishing tripartite social dialogue system in the country was adopted, and in October new tripartite bodies began their operations. Following a victory of Andrzej Duda in the presidential elections in June, in October his former party, Law and Justice Prawo i Sprawiedliwość, PiS won parliamentary elections, securing majority of seats in both chambers. However, since symptoms suggesting return to the former government selective approach to tripartism marked by avoiding or disregarding tripartite consultations, whenever it was seen as an obstacle to the fulfilment of governmental policy objectives have been growing.
InPiS won the parliamentary elections again, losing, however, an independent majority in the Senate, which is the upper chamber of parliament its legislative competences, however, are significantly smaller than that of the lower chamber, i.
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InAndrzej Duda was re-elected to the office of president. Despite the pandemic, the activity of the RDS continues, but in the opinion of some trade union representatives, the quality of social dialogue has recently deteriorated at all levels.
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The government planned to introduce the possibility of dismissing RDS members by the prime minister, but this idea was successfully blocked by social partners. A sign of weakness in social dialogue may be the deadlock in RDS consultations regarding changes to the provisions of the Labour Code on remote work.
They are interlocking parts in a multilevel system of governance that includes European, national, sectoral, regional provincial or local and company levels.
This section looks into the main actors and institutions and their role in Poland. Public authorities involved in regulating working life The Ministry of Family, Labour and Social Policy Ministerstwo Rodziny, Pracy i Polityki Społecznej, MRPiPS deals with social dialogue issues anti aging 2830 twt a special department and provides infrastructure premises, organisational and technical support for tripartite social dialogue at the national level Social Dialogue Council, RDS and for sectoral social dialogue bodies in most cases, the committees are affiliated to the Ministry.
The Ministry also maintains a register of works councils and multi-employer collective labour agreements. The Ministry is also responsible for discussing new labour law regulations proposed by the government with social partners.
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The National Labour Inspectorate Państwowa Inspekcja Pracy, PIP is a central administration body headed by the Chief Labour Inspector, appointed by the parliament responsible for monitoring the state of observance and enforcing the labour law. At the regional voivodeship level there are District Labour Inspectorates Okręgowe Inspektoraty Pracy, OIPwhose duty besides the abovementioned is to register new and amended single-employer collective labour agreements.
Labour inspectors carry out their duties by preventative actions disseminating knowledge, promoting health and safety at work, advising employers and employees and workplace audits on- site control and indirect inquiries. There are two categories of audits: routine and intentional scheduledaimed at inspecting specific sectors or enterprises. The labour courts are separate and autonomous organisational units of general local, district and appeal courts of law, responsible for hearing and ruling on labour-related matters employment- and employment relationship- related claims; claims anti aging 2830 twt to other anti aging hidratáló zsíros bőrre relationships to which labour law regulations apply; determining whether an employment relationship exists; settling damages in braucht man anti aging krém of work-related accidents and occupational diseases.
In labour courts, there is a two-step procedure.
Representativeness Representativeness of social partner organisations at national level is regulated by the Act on the Social Dialogue Council and other social dialogue bodies of However, the conditions to be fulfilled by social partners remain identical as under the formerly binding legislation.
For trade unions, the conditions are as follows: a national-level trade union, or a national-level association federation of trade unions, or a national-level inter-union organisation confederation with at leastmembers that covers entities pursuing operations in least half of all sections of the Polish Activities Classification PKDyet no more thanmembers employed in a given PKD section can be counted.
Trade unions About trade union representation The Trade Union Act of grants the right to establish trade unions to employees, that is, people working on the basis of employment contracts. Other larger categories of workers excluded from union membership are judges, civil servants in state administration, professional soldiers and functionaries of the Office for State Protection Agencja Bezpieczeństwa Wewnętrznego.
There are also specific categories of people active in the labour market that do not enjoy the right to establish trade unions but are eligible to join existing union organisations, including pensioners and the unemployed, teleworkers and people employed in the outwork system.
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There are also special regulations concerning trade union membership for police officers, border guards, prison guards and the State Fire Service as well as employees of the Supreme Chamber of Control. Due to a narrow definition of the right to association in the Act, self-employed people and those working on the basis of civil law contracts are not eligible to join or organise trade unions. Following the sharp wave of de-unionisation in the s, trade union density in stood at Trade union membership and trade union density.