Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Poland (Ratification: 1954)

Article 2 of the Convention. Scope of application. The Committee understands that, under the Act of 15 April 2011 on health-care activities (Dziennik Ustaw No. 112, item 654), nurses may be employed with civil law contracts that are not covered by the Labour Code. The Committee also understands that civil law contracts are also commonly used, especially for young people, with a report by the National Labour Inspectorate (PIP) indicating that in 2010, 20.9 per cent of workers were employed under civil law contracts. The Committee further notes that the increasing use of “flexible” contracts such as civil law contracts has been criticized as a means of lowering labour protection considering, for instance, that workers with civil law contracts are not entitled to paid leave and they are prevented from being covered by collective agreements. Noting that the Convention applies to all persons to whom wages are paid or payable, the Committee requests the Government to specify how it is ensured that workers employed under civil law contracts enjoy with respect to their wages the protection afforded by Articles 3–15 of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]