Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Poland (Ratification: 1956)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność” on the application of Convention No. 101, received on 7 September 2023. The Committee requests the Government to provide its comments in this respect.

Articles 1–10 of the Convention. Annual holiday with pay. Application of the Convention to harvest assistance contracts. With reference to its comments adopted under Conventions Nos 95 and 99, the Committee notes the introduction of a new type of contracts in the agricultural sector, called the harvest assistance contract. The Committee notes that according to section 91(a) of the Act on Agricultural Social Insurance 1990, as amended in 2018, harvest assistance contracts do not constitute employment under the Labour Code. The Committee therefore requests the Government to indicate the manner in which the Convention is applied to workers under harvest assistance contracts.