Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 4(2) of the Convention. Training. The Committee notes that the Government indicates that, in the framework of the Operational Programme Knowledge Education Development (OP KED), funds were allocated to implement two training projects for the Lewiatan Confederation and the All-Poland Alliance of Trade Unions. The Government reports that, thanks to these programs 526 representatives of the social partners improved their competences to participate in social dialogue. Lastly, the Government indicates that, under the financial framework for 2021–27, it is planned the implementation of actions under the European Funds for Social Development programme to develop social dialogue and improve social partners’ competencies. 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, including to workers’ and employers’ representatives to the Social Dialogue Council (SDC).

Article 6. Annual report. The Committee welcomes that annual reports of the SDC activities are made publicly available on the SDC’s website.

Tripartite consultations regarding issues mentioned by the Tripartite Consultations (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). The Committee notes that, in its observations, Solidarność points out the existence of problems in the functioning of national social dialogue, notably regarding the consultations of the social partners in the law-making process. Solidarność argues that the deadlines for submitting their opinions on draft legislation are too short, and their comments are often overlooked without any explanations, despite it being required under the Trade Union Act. Solidarność also points out that draft acts are often submitted in the form of parliamentary drafts, which formally excludes the mandatory participation of the trade unions from the procedure for presenting their opinion. In its response, the Government indicates that, under the National Recovery and Resilience Plan, the adoption of amendments to the rules and regulations of the Sejm, Senate and the Council of Ministers is planned, aiming at increasing social consultations. It is envisaged that such amendments will include: (i) introducing mandatory impact assessments and public consultations for draft acts submitted by Members of Parliament and Senators, to ensure a more structured involvement of stakeholders and experts in the law-making process; (ii) restricting the use of accelerated procedures to strictly defined and exceptional cases. Lastly, the Government indicates that, the Minister of Labour sends annual letters to the Council of Ministers reminding its obligations to consult the social partners on legal acts, in accordance with the Trade Unions Act, the Employers' Organizations Act and the Act on the Social Dialogue Council. Stressing the importance of social dialogue and consultation with employers’ and workers’ organizations in the context of the preparation and development of labour legislation as envisaged by the Tripartite Consultations Recommendation (No. 152) (Paragraph 5(c)), the Committee would be grateful if the Government would indicate the nature and the impact of the measures taken to strengthen the consultations of the social partners in the law-making process, including those adopted in the framework of the National Recovery and Resilience Plan.