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

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Poland (Ratification: 1928)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc”, received on 29 August 2016, indicating the rising number of illegally employed foreign workers who do not have access to social security rights. The “Solidarnosc” further points out an upward trend in a number of cases in which employers failed to report foreign workers to the Social Insurance Institution (ZUS). In addition, the “Solidarnosc” indicates that the fines imposed for violating the employment rights of foreign workers are set too low and do not deter many employers from infringing them. The Government, in its reply to the observations of the “Solidarnosc”, indicates that to eliminate practice of illegal employment of foreign workers, it put into place a number of measures, which includes, in particular, the imposition of a stricter requirement to conclude a written contract with employees as well as penalties for employers in case of non-compliance. The Government further provides information on contribution payers controls, undertaken by the ZUS, with respect to establishing correct basis of insurance and calculation basis for contributions. The Committee recalls its observation on the application of the Labour Inspection Convention, 1947 (No. 81), and Labour Inspection (Agriculture) Convention, 1969 (No. 129), requesting the Government to provide information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the statutory rights of foreign workers, including those in an irregular situation, resulting from their existing and past work (such as wages and social security benefits). In light of the above-mentioned information, the Committee requests the Government to continue providing information on measures taken to ensure the provision of compensation to foreign workers injured in industrial accidents and their dependants. It further requests the Government to provide data on the number of sanctions imposed on employers, particularly for not reporting foreign workers to the ZUS and not concluding a written contract, and cases in which foreign workers’ rights to the payment of compensation for industrial accidents have been restored as a result of inspections undertaken.

Article 1(2) of the Convention. Payment of benefits abroad. The Committee notes the information provided by the Government in reply to its previous request concerning procedures and record-keeping relating to the payment of compensation for industrial accidents in case of residence outside the European Union.