Dock Work Convention, 1973 (No. 137) - Poland (Ratification: 1979)

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

Articles 2 and 3 of the Convention. Regular and casual employment of dockworkers. The Committee notes that, in response to its previous request regarding the national policy to encourage the provision of permanent or regular employment for dockworkers, the Government reiterates that companies hire dockworkers on the basis of a permanent employment contract in accordance with the law and that when the workload in a port is particularly high and the number of permanent dockworkers is no longer sufficient, port operators are obliged to turn to outsourcing companies to recruit experienced dockworkers who have a guarantee of a minimum guaranteed remuneration, including a minimum hourly wage, in accordance with a government regulation of 14 September 2023. While it can acknowledge that in certain circumstances there still may be a need for recourse to casual labour in a number of ports, the Committee wishes to draw attention to the fact that one of the foundations of the Convention is the objective of ensuring dockworkers permanent or regular employment or a stable income and, as a result, to extend the protection system to casual workers. The Committee recognizes that among the casual workers hired when the workload is particularly high, certain groups can be distinguished for whom irregular work is not a disadvantage, particularly for those who work in the docks to earn a secondary wage or those who work while they look for another job (see General Survey of 2002 on dock work, paragraph 135). In this case, The Committee does not have sufficient information that would enable it to assess the proportion of casual workers. Furthermore, the Committee has had occasion to recall that one of the reasons for registration systems is to ensure adequate training in new methods of cargo handling, and that the systematic use of casual labour cannot offer the same guarantees as a skilled, trained and responsible workforce (see General Survey, paragraph 137). The Committee requests the Government to specify whether outsourcing companies have established a register of casual dockworkers. To the extent possible, the Committee requests the Government to provide an estimate of the total number of casual dockworkers in comparison with the number of dockworkers with permanent job, as well as the average duration of their employment, and to indicate any measures taken or envisaged to assure casual dockworkers of minimum periods of employment or a minimum.

Article 6. Vocational training, safety, health and welfare of dockworkers. The Committee notes the information provided regarding the training of workers employed in ports under the 1993 Regulation on safety and health in sea and inland ports. The Committee requests the Government to clarify the extent to which the above-mentioned casual workers can avail themselves of proper training under the law.

Application in practice. The Committee recalls that the Government had previously been able to provide information on the number of dockworkers employed in companies operating in national ports, and had reported on the downward fluctuation in the number of dockworkers between 2012 and 2013. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including copies of collective agreements or any regulations in force concerning dock work as well as the employment and working conditions of dockworkers; extracts of the reports provided by the authorities responsible for the application of measures giving effect to the Convention; and any other information available on the number of dockers, drawing on existing registers, as well as changes in this number.

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

Articles 2 and 3 of the Convention. Permanent or regular employment of dockworkers. The Government indicates that most companies hire dockworkers and provide them with permanent employment and salaries, depending on their financial possibilities. Periodically, in case of a build-up in transhipment and storage operations, companies contract workers from outsourcing companies since, due to financial reasons they are not able to increase permanent employment. The Committee requests the Government to provide information on its national policy to encourage the provision of permanent or regular employment for dockworkers. It also invites the Government to provide information on the manner in which the outsourcing companies operate and the manner in which it is ensured that registered dockworkers are assured priority of engagement for dock work. The Committee also requests the Government to indicate the minimum periods of employment or minimum income assured to dockworkers, as required under Article 2(2).

Article 5. Cooperation between employers’ and workers’ organizations. The Committee requests the Government to describe the arrangements for cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.

Article 6. Vocational training, safety, health and welfare of dockworkers. The Government reports that dockworkers have appropriate qualifications, which are systematically improved through vocational training. The Government further indicates that employees use safe methods for transhipment and storage operations and are provided with work clothing and personal protective equipment. The Committee requests the Government to continue to provide information on the effective implementation of safety, health, welfare and vocational training provisions applying to dockworkers. It further requests the Government to indicate the content of the training, for example, whether dockworkers are provided with regular training in modern cargo handling techniques, and to provide information on relevant safety provisions, such as minimum manning scales for cargo operations or protections against consecutive shift work, where these exist.

Application in practice. The Committee notes that there have been no amendments to the national legislative framework during the reporting period relevant to the Convention. The Government indicates that, in accordance with the Law of 20 December 1996 on sea ports and harbours, port authorities do not carry out exploitation activities and therefore do not have an influence on the development of the labour market for dockworkers, nor are there any other domestic regulations which would regulate the labour market in the port sector. The Committee welcomes the information provided by the Government on fluctuations in the numbers of dockworkers employed by companies operating in Polish ports between July 2012 and June 2013. It notes that the numbers indicate a 10 per cent reduction in the number of dockworkers employed during this period. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied, including, for instance, copies of collective agreements or any new regulations in force on dock work and the employment and working conditions of dockworkers, extracts from reports by the authorities responsible for the application of measures giving effect to the Convention, and any available information on numbers of dockworkers on the registers maintained and the variations in such numbers.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Part V of the report form. The Committee notes that no amendments to the legislation were introduced in relation to the Convention in the last reporting period (July 2007–June 2012). The Committee would welcome information on the practical effect given to the Convention, including extracts from the reports of the authorities responsible for the application of laws and regulations, and available information on the numbers of dockworkers on the registers maintained and the variations in these numbers during the reporting period.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report, particularly the statement that since the previous report, sent in 1997, there has been no change either in law or in practice regarding the effect given to the provisions of the Convention. The Committee requests the Government in its next report to provide general information on the manner in which the Convention is applied, including, for instance, copies of collective agreements or any new regulations in force on dock work and the employment and working conditions of dockworkers, extracts from reports by the authorities responsible for the application of measures giving effect to the Convention, and any available information on numbers of dockworkers and variations in such numbers (Part V of the report form).