Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Poland

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1954)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 99 (minimum wage) and Convention No. 95 (protection of wages) together. It notes the observations of the Independent and Self-Governing Trade Union “Solidarność” received in 2017 on the application of Convention No. 95.

Minimum wage

Article 3(2) and (3) of Convention No. 99. Consultations with social partners. In its previous comments, the Committee requested the Government to provide information on how the views of the social partners are taken into consideration when, in the absence of a tripartite agreement, the minimum wage is determined by the Council of Ministers. The Committee notes the Government’s indication in its report that the amount of the minimum wage determined by the Council of Ministers in such cases may not be lower than the amount presented for negotiations within the Social Dialogue Council (the tripartite body established pursuant to the Act of 24 July 2015).

Article 3(4). Prohibition of abatement. The Committee previously noted that section 6(2) of the Minimum Wage Act allowed the remuneration of first-time employees to be up to 20 per cent lower than the statutory minimum wage. It also noted that a parliamentary initiative proposed to amend this provision and requested the Government to provide information on its outcomes. In this regard, the Committee notes that section 6(2) has been abrogated by the Act of 22 July 2016 amending the Minimum Wage Act.

Protection of wages

Article 2 of Convention No. 95. Scope of application. In its previous comments, the Committee noted that the Labour Code, which is the main piece of legislation giving effect to the Convention, only applies to employment relationships under an employment contract. It requested the Government to clarify how it was ensured in law and practice that workers engaged under civil law contracts enjoyed, with respect to their wages, the level of protection prescribed by the Convention. The Committee notes the Government’s indication that the provisions of the Labour Code concerning protection of wages would be enforced in relation to civil law contracts where the circumstances showed that there was an employment relationship.

Article 8(1). Deductions from wages. The Committee notes that Solidarność reports that there have been cases with respect to civil law contracts where, in order to reduce workers’ remuneration, considerable deductions have been applied, for example, deductions of fees paid to rent the necessary equipment to perform work. The Committee requests the Government to provide its comments in this regard.

The Committee also notes that section 82 of the Labour Code allows for possible reductions to remuneration to be made where there is defective performance in work attributed to the fault of the worker. The Committee requests the Government to provide information on the application of section 82 in practice, and on the procedure in place for the determination of workers’ liability in this context.

Article 12(1). Regular payment of wages. In its previous comments, the Committee noted the serious difficulties in several sectors regarding the timely payment of wages. It notes that, according to the statistical information provided by the Government, some difficulties persist. The Committee therefore requests the Government to pay special attention to the specific sectors at risk in its efforts to ensure that wages are paid to workers in full and on time, and to prevent the recurrence of wage arrears and similar practices in the future. It also requests the Government to continue to provide information in this regard.