Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

1. Article 1 of the Convention. Application of the Convention in law. The Committee notes that amendments of 24 August 2001 and 14 November 2003, introduced a new provision on equality of opportunity and treatment to the Labour Code and that the Act on employment promotion and labour market institutions of 20 April 2004 likewise contains several provisions applying the Convention. The Committee notes with interest that these amendments extend the scope of legal protection from discrimination in employment and occupation. It notes in particular that:

(a)  under the new chapter of the Labour Code dealing with equal treatment, employees should be equally treated with respect to the conclusion and termination of employment relationships, working conditions, promotion and access to training to enhance vocational qualifications in particular, irrespective of sex, age, disability, race, religion, nationality, convictions, sexual orientation, and on grounds of fixed-term contracts, or contracts of an indefinite duration or full or part-time work. Harassment, including sexual harassment, is considered a form of discrimination. The provisions also contain definitions of direct and indirect discrimination, exceptions to the principle of discrimination, and a provision shifting the burden of proof to the employer. In case of infringements, workers can apply to the National Labour Inspectorate, the courts or the conciliation commission. The Committee also notes that the employers shall disseminate within the enterprise written information on the regulatory texts concerning equal treatment. Under the new section 94(2b), employers are obliged to prevent discrimination at the workplace, which also implies their liability for discriminatory acts by their employees;

(b)  the relevant provisions of the Act on employment promotion and labour market institutions of 20 April 2004 prohibit discrimination against jobseekers with respect to job placement and vocational guidance by employment agencies and labour offices (sections 19(6), 36(4) and 38). Employers are prohibited from including discriminatory requirements in their vacancy notifications to labour offices (section 36(5)). These provisions contain a list of the following prohibited grounds: sex, age, disability, race, ethnic origin, nationality, sexual orientation, political opinion, religion and trade union membership. Infringements of these provisions can be sanctioned by fines not lower than PLN/3,000.

The Committee requests the Government to provide detailed information on the practical application and enforcement of the equal treatment provisions of the Labour Code and the Act on employment promotion and labour market institutions, including indications of the number, nature and outcomes of cases dealt with by the National Labour Inspectorate, the courts, the conciliation commission, and the Commissioner for the Protection of Civil Rights. Please also provide information on the activities promoting the Convention’s application of the Government Plenipotentiary on the Equal Status of Women and Men.

2. Discrimination on the ground of social origin. The Committee notes that the equal treatment provisions of the Labour Code and the Act on employment promotion and labour market institutions do not refer to the prohibited ground of social origin. While noting the Government’s indication that the Labour Code contained an open list of prohibited grounds and that discrimination on other grounds, including social origin, was also not permissible, the Committee notes that, where legislative measures are taken to give effect to the principle contained in the Convention, they should include all the grounds contained in Article 1(1)(a). It therefore requests the Government to consider amending the legislation to explicitly include social origin as a prohibited ground of discrimination and to keep it informed of any progress in this regard.

3. Article 2. Discrimination on the grounds of race, colour and national extraction. The Committee notes with interest that the Government adopted a national programme of counteracting racial discrimination, xenophobia and related intolerance to be implemented between 2004 and 2009. The Committee also notes the adoption by the Government of the "Programme in favour of the Roma community in Poland". The Government is requested to provide detailed information in its future reports on the concrete activities undertaken to implement these programmes and their impact on the enjoyment of the right to equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction.

The Committee is raising other points in a request addressed directly to the Government.