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

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

Previous comments: C.19 direct request; C.42 direct request and C.102 direct request

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 17, 19, 24, 25, 42 and 102 together.

The Committee takes note of the observations of the Independent and Self-Governing Trade Union “Solidarnosc”, received on 7 September 2023, and of the Government’s reply in this respect.

Article 1. Convention 12. Coverage of agricultural workers. The Committee takes note of the observations of “Solidarnosc”, which indicate that farmers, farmers aids, and farmers’ families are only covered by the “one-off” compensation in case of a permanent or long-term damage to their health as a result of an accident at work but are not afforded the other benefits provided by section 6 of the Act on Social Insurance, such as disability and survivors’ pension. The Committee recalls that Article 1 of the Convention affords to all agricultural wage-earners the same compensation for personal injury as a result of an accident at work. The Committee requests the Government to provide its comments in this respect and to indicate whether agricultural wage-earners are afforded the same benefits in case of an accident at work as those provided by section 6 of the Act on Social Insurance.

Article 1. Convention 17. Coverage of workers engaged in civil law contracts. The Committee takes note of the observations of “Solidarnosc”, which indicate that 1,448,000 workers were not covered by accident insurance in 2022, of which nearly 100,000 (the equivalent of 6.5 per cent of the civil contracts audited by the Labour Inspectorate) were engaged in irregular contracts for a specific task to disguise employment relationships. The Committee notes the Government’s reply in this respect, indicating that pursuant to section 8(2) of the Act on the Social Insurance, workers engaged in agency contracts, contracts of mandate or other contracts for the provision of services in accordance with the Civil Code, are also subject to mandatory disability pension insurance and accident insurance. The Committee requests the Government to provide information on whether the employers who were reported for concluding irregular civil contracts were ordered to pay overdue social security contributions with regard to accident compensation in respect to the workers concerned.

Application of Convention No. 19 in practice. The Committee takes note of the observations of the “Solidarnosc”, which indicate that fines imposed on employers who violate the labour rights of foreign workers are often too low. The Committee also notes the observation that a large share of foreign workers is working informally, engaged in the platform economy and does not have access to social security benefits. The Committee notes the information provided by the Government in its report regarding the provision of compensation for industrial accidents in the form of pensions or disability benefits to 632,307 workers from over 160 nationalities, through the Social Insurance Institution (ZUS) in 2022. The Committee also takes note of the indication that the Government, despite a few caveats, is positively aligned with the draft Directive of the European Parliament and of the Council on improving working conditions on platforms, which includes access to social protection rights. In this context, the Committee requests the Government to provide information concerning the penalties imposed on employers for not reporting foreign workers to the Social Insurance Institution (ZUS) and to indicate cases in which foreign workers’ rights to the payment of compensation for accidents at work have been established as a result of inspections undertaken.

Article 2 of Convention No. 42. Schedule. List of occupational diseases. The Committee notes the information provided by the Government that all diseases indicated in the Schedule to Article 2 of the Convention can be considered occupational diseases under section 235 of the Labour Code, provided that their work-related nature has been confirmed with a high degree of probability. The Committee would like to recall that the Schedule appended to Article 2 of the Convention establishes a legal presumption of the occupational origin of the diseases listed therein whenever the workers in question are employed in the corresponding trades, industries and processes. In light of this, the Committee requests that the Government provide detailed information on the procedures adopted for the diagnosis of an occupational disease listed in the Schedule appended to the Article 2 of the Convention and the average duration of these procedures in relation to the confirmation of its work-related nature.

Part XIII (Common provisions) of Convention No. 102. Article 71(3). General responsibility of a Member State for the due provision of medical care benefits. The Committee notes with interest the information provided by the Government on the various measures taken to improve the standard and quality of health services. With regard to waiting times for different medical treatments, the Committee also notes two measures aimed at reducing waiting times for healthcare services: (i) the significant increase in financial spending on public health in recent years, that will reach 170 billion zlotys in 2023, and (ii) the gradual removal of the National Health Fund’s funding limits for certain types of procedures (such as cataract and endoprosthesis surgery, endocrinology, cardiology, neurology and outpatient orthopaedic treatments and highly specialised services). The Committee further observes that the Government, in its 2021 report in response to the conclusions of the European Committee of Social Rights, also indicated significant reductions in waiting times for various types of medical procedures, by an average of 115 per cent for urgent treatments and 70 per cent for other treatments. The Committee takes due note of the measures taken to ensure the provision of medical care benefits in this regard.

Finally, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s reply to its previous request for information on the relevant legislative and regulatory provisions, and for the statistical data on the number and nationality of foreign workers insured by the Social Insurance Institution (ZUS). It further notes that ZUS has no statistical data on accidents and compensations in this group of insured persons. The Committee invites the Government to ask ZUS to explain its procedures and recordkeeping relating to the payment of compensation for industrial accidents in case of residence outside the European Union with regard to: (i) national workers and their dependants; and (ii) foreign workers who are nationals of a country which has ratified this Convention and their dependants.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in reply to its previous comments. It observes, in particular, that the Act of 30 October 2002 on social insurance in case of occupational accident or disease does not make a distinction between Polish employees and foreign employees. The Committee would be grateful if the Government would provide, in its next report, additional information on the legislative or regulatory provisions relating to the payment of compensation for industrial accidents in case of residence outside the European Union with regard to: (i) national workers and their dependants; and (ii) foreign workers who are nationals of a country which has ratified this Convention and their dependants. Please also provide statistical data on the number and nationality of foreign workers employed in the country and, if such statistics are available, information on the number of industrial accidents involving such workers.

Furthermore, the Committee takes this opportunity to draw the Government’s attention to the fact that, in the context of the standards revision process, the ILO Governing Body has invited the States parties to Convention No. 19 to examine the possibility of ratifying the Equality of Treatment (Social Security) Convention, 1962 (No. 118), accepting the obligations of the latter Convention, in particular branch (g) (employment injury benefit), in so far as it is the most up to date ILO standard and meets current needs. The Committee therefore invites the Government to consider the possibility of such ratification with the technical assistance of the Office, if necessary.

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

The Committee notes the adoption since the last report communicated by the Government of new legislation in the field of workmen’s compensation, for instance, the Act of 30 October 2002 on social insurance in case of occupational injuries and illnesses. The Committee would be grateful if the Government would indicate, in its next report, the manner in which effect is given to each of the Convention’s provisions, in light of the recent changes to the applicable legislation and regulations. Please also provide copies of any new normative texts that are relevant to the scope of application of the Convention.