Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Poland (Ratification: 1993)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes the adoption on 24 July 2015 of the Act on the Social Dialogue Council and other social dialogue institutions (SDC Act), which entered into force on 11 September 2015. The Government indicates that the Social Dialogue Council (SDC) established under the SDC Act is the forum for tripartite dialogue and cooperation between the tripartite partners which replaced the Tripartite Commission for Social and Economic Affairs. At its first meeting in December 2015, the SDC established eight task teams, including the tripartite Team for International Affairs (SDC–TIA), which is mandated to carry out consultations on the matters covered under the Convention. The Government indicates that the consultations on matters referred to in Article 5(1)(a), (b) and (d) of the Convention were held through an exchange of correspondence between representative employers’ and workers’ organizations. It adds that, following observations made by the employers of Poland in 2014, draft replies to questionnaires and draft reports are now being submitted to members of the SDC–TIA and to the members of the Presidium of the SDC. The Ministry of Family, Labour and Social Affairs submits documents for consultation to the social partners 30 days in advance. During the reporting period, written consultations were conducted with the social partners to examine the possible ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, and the 2014 amendments to the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes with interest that the ratification of the 2014 Protocol was registered on 10 March 2017. With respect to issues arising out of reports to be made under article 22 of the ILO Constitution, the Government indicates that the draft act amending the Act on trade unions and certain other acts extending the right of association pursuant to Article 2 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), was submitted to the SDC to obtain the views of the social partners. The Committee requests the Government to continue to provide information on the content, frequency and outcome of the consultations held on the matters concerning international labour standards covered under Article 5(1)(a)–(e) of the Convention.

Article 1. Representative organizations. In its previous comments, the Committee noted the concerns of the employers of Poland with respect to the determination of the most representative organizations for purposes of the Convention. The Committee requested the Government to provide information on any developments in this regard. The Government indicates in its report that the question of representativeness is addressed in the SDC Act. SDC worker representatives are chosen from representative trade union organizations, national trade unions, federations and confederations pursuant to criteria established under section 23 of the SDC Act. Employers are represented by members of representative employers’ organizations and recognized national inter-trade employers’ organizations that operate on the basis of the Act on employers’ organizations of 23 May 1991 or the Act on crafts of 22 March 1989, pursuant to the criteria established under section 24 of the SDC Act. The Government adds that requests of employers’ and workers’ organizations to determine their representativeness are required to be submitted every four years and are examined by the Warsaw Regional Court. In this context, an employers’ or workers’ organization can lose their representative status if they fail to submit a request for repeated determination of representativeness within this timeline. The Government further indicates that the SDC Act was adopted following consultations with employers’ and workers’ organizations. Pursuant to section 87 of the SDC Act, the SDC must evaluate the functioning of the provisions of the Act and submit recommendations and changes for increasing the organizational autonomy of the Council to the President of the Republic of Poland within 24 months of the date of entry into force of the Act. The Committee requests the Government to provide an evaluation of the effectiveness and impact of the Act on the Social Dialogue Council with respect to the matters covered by the Convention.

Article 4(2). Training. The Government indicates that the issue of training has not yet been addressed by the SDC. It adds, however, that the social partners may benefit from the training funds available under the Operational Programme Knowledge Education Development 2014–20 (POWER). The Government considers that it is crucial to strengthen the capacities of the social partners, particularly at the local and regional levels. The Committee requests the Government to continue to provide information on any arrangements made to provide training to the participants in the consultative procedures covered by the Convention.

Article 6. Annual report. The Government indicates that, pursuant to section 32(3) of the SDC Act, the President of the Council is required to submit a report to the Sejm and the Senate on the activities of the SDC during the preceding year, no later than 31 May of each year. It adds that the report submitted to Parliament also includes a description of the activities of the SDC TIA, including the topics addressed and the decisions taken. The Committee would welcome receiving a copy of the annual report of the activities of the Social Dialogue Council, with respect to matters relating to international labour standards covered by the Convention (Article 5(1)).