Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

As regards implementation of the protocol of agreement of 1980, concluded in Gdansk, in its part concerning cadre selection on the basis of the principle of qualifications, it should be mentioned that the provisions of the social agreements are the premises of the policy followed in the field of employment, inter alia.

National laws do not contain any standards regarding preference in cadre selection on the basis of membership in a political party.

The only legally admissible differentiation is in attributes related to the type and nature of the work as well as in the qualifications required to perform it.

Government has stated many times that it agrees with the views of the social organisations, which indicate the need for taking into account actual qualifications in the cadre selection of high-level staff, including the participation of women, youth, representatives of Catholic organisations, etc.

Several legal provisions provide legal guarantee for free access to posts. And so, for example, in accordance with sections 34 and 35 of the Act of 25 September 1981 on state enterprises, the director of a state enterprise may be appointed to this post by the authorised organ from among the candidates selected in a competition and on the basis of an appraisal of the suitability for managing a given enterprise from the standpoint of the candidates' professional skills, moral and social attitude and capability of cooperation with people.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność” received on 6 September 2024, as well as the Government’s response.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1), 2 and 3(b). Definition. Indirect discrimination. Legislation. The Committee takes note of the Government’s indication, in its report, that no legislative amendments are currently envisaged with respect to the definition of indirect discrimination under the Labour Code, and that, in its view, the existing wording does not preclude its application to both individuals and groups of persons. The Committee recalls that the Equal Treatment Act defines indirect discrimination as a situation that would expose a “natural person” to unfavourable difference or particular disadvantage; while the Labour Code refers to a situation that would expose “all or a considerable number of employees belonging to a particular group” to unfavourable difference or particular disadvantage. The Committee wishes to stress the need for consistency between legal definitions to avoid gaps in protection or uncertainty in practice. The Committee therefore again invites the Government to consider aligning the definitions of indirect discrimination in the Equal Treatment Act and the Labour Code to ensure explicit coverage of both individual and group-based discrimination. It also reiterates its request for information on the practical application of the prohibition of indirect discrimination, including examples of relevant case law interpreting section 3(2) of the Equal Treatment Act.

Articles 1(1)(a), 2 and 3(b). Legislation. Scope. Workers in uniformed services. The Committee welcomes the Government’s detailed information on the institutional measures in place to prevent discrimination and undesirable behaviour within the uniformed services, including the Police, State Fire Service, Border Guard, State Protection Service and the Armed Forces. It notes, in particular, the internal anti-discrimination and anti-mobbing procedures, rules of professional ethics, awareness-raising and training activities, as well as recent developments such as the Police Gender Equality Plan (2023–26) and the preparation of a similar plan for the Border Guard. The Committee also notes the establishment of ethics advisers, human rights plenipotentiaries, and equal treatment coordinators. However, it observes that the legislation applicable to these services does not explicitly define discrimination or sexual harassment or set out the specific protected grounds under the Convention, and that fewer than 20 discrimination cases were reported across the services between 2021 and 2024. It also recalls that the Convention applies to all categories of workers, no provision in the instrument limits its scope with respect to individuals or branches of activity. The Committee asks the Government to take steps to ensure that the legislation applicable to uniformed services contains clear definitions of discrimination and sexual harassment, as well as an explicit list of protected grounds in line with Article 1(1)(a) of the Convention. It asks the Government, in the meantime, to continue providing information on the implementation and impact of preventive and remedial measures, as well as on any cases dealt with by the competent authorities, including the grounds invoked, sanctions imposed, remedies granted, and steps taken to prevent retaliation.

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Sex. Protection of pregnant workers under replacement contracts. The Committee notes the observation of “Solidarność” concerning the lack of legal protection for pregnant workers employed under replacement contracts, as the provision extending fixed-term contracts until childbirth does not apply to this category of worker. As a result, such contracts may end during pregnancy, and the workers concerned may be denied maternity-related entitlements. The Committee takes note of the Government’s explanation that replacement contracts are intended to cover the temporary absence of another worker and therefore must terminate upon that worker’s return, and that an automatic extension could discourage employers from offering these contracts to women or impede the reintegration of women returning from maternity leave. The Committee also notes the reference to other safeguards, such as the possibility for workers with six months of service to request more predictable and secure working conditions. However, these measures do not fully address the concern that pregnant workers under replacement contracts may lose employment protection and maternity benefits solely due to the nature of their contract. In that regard, the Committee recalls the Convention’s requirement that sex must not lead to discrimination or the loss of employment-related rights. The Committee invites the Government to indicate how it intends to ensure adequate and effective protection for pregnant workers employed under replacement contracts.

Sexual orientation. The Committee notes that seven complaints were submitted on the grounds of sexual orientation, of which one was found to be unfounded, while the remaining six are either under investigation, lack sufficient information, or have an undetermined outcome. It observes, however, that no information has been provided on specific measures to prevent and combat discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons throughout the employment cycle, including initiatives to address societal prejudice and promote tolerance in the workplace. The Committee further notes the observation of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity that, while only three to six employment discrimination complaints based on sexual orientation are recorded annually by the labour inspectorate, academic research indicates that around 25 per cent of LGBTI employees feel compelled to conceal their identity at work due to fear of discrimination (A/HRC/59/43/Add.2, 22 April 2025, para. 92). The Committee requests the Government to provide information on the outcome of the aforementioned complaints, any other relevant cases, and measures undertaken to ensure the effective protection of LGBTI persons against discrimination in employment and occupation.

Articles 1 to 3. Equality of opportunity and treatment irrespective of sex. Occupational segregation and access to employment and occupation. The Committee observes that the Government has not provided information, including statistical data, on the implementation and impact of the National Action Programme for Equal Treatment for 2021–30 (NAPET 2021–30), as well as on other relevant measures aimed at addressing occupational segregation and promoting equality in employment and occupation. It notes that, in its concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) recommended that the Government address factors discouraging women from pursuing full-time careers and enhance their participation in senior public and private positions, including through possible introduction of quotas (E/C.12/POL/CO/7, 24 October 2024, para. 25). The Committee therefore reiterates its request for information on the measures taken to reduce horizontal and vertical segregation in the labour market, including concrete actions under NAPET 2021–30 and their measurable outcomes. It also requests the Government to provide updated sex-disaggregated data by occupational category to assess progress.

Disability. The Committee notes with interest that the unemployment rate for persons with disabilities aged 16–89 decreased by 1.3 percentage points between 2021 and 2024, reaching 4.3 per cent. While the employment rate of persons with moderate disabilities showed a slight improvement, reaching 20.3 per cent in 2023, persons with severe disabilities continue to face very low labour market participation (4.8 per cent in 2023). The Committee takes note of legislative and policy measures, including the 2023 amendment to the Act on Vocational and Social Rehabilitation and the Employment of Persons with Disabilities, which increased wage subsidies, and the POWER project (2021–23), which developed draft legal and policy instruments to promote employment of persons with disabilities. The Government indicates that the POWER project’s proposals, while not yet incorporated into law, will inform future reforms. The Committee also notes that in 2022, persons with disabilities submitted 284 complaints to the State Labour Inspectorate (SLI). These complaints concerned 674 issues, of which 277 were justified and 311 unfounded; the remainder fell outside the SLI’s competence or lacked substantiation. Most complaints concerned remuneration, working time, and leave entitlements in medium- and large-sized enterprises in the administrative services sector. In response, 182 inspections were conducted across 149 entities. The findings of the SLI work underscore the need to continue monitoring working conditions for persons with disabilities in both sheltered and open labour markets, raise awareness among employers, persons with disabilities, their careers and students, and share inspection results with relevant authorities to support social and professional integration. The Committee requests the Government to report on: (i) measures taken to promote employment and vocational training of persons with disabilities, including updated sex-disaggregated statistics; (ii) the impact of the Strategy for Persons with Disabilities 2021–30 (mentioned in its previous report) and the POWER projects, particularly regarding recruitment in the open labour market and any obstacles encountered; and (iii) cases of disability-based discrimination addressed by the labour inspectorate and the courts.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes that the gender pay gap decreased from 8.5 per cent in 2021 to 7.8 per cent in 2023 (Eurostat). However, it observes, based on information from “Solidarność” that in the most feminized sectors, particularly in the public sector (education and health), the wage gap remains about twice the average difference across the economy. It takes note of measures to address the gender pay gap, including training on workplace discrimination provided by the National School of Judiciary and Public Prosecution (2021–24), covered equal remuneration, and the ongoing transposition of Directive (EU) 2022/2381 to improve gender balance on company boards. The Government also recalls that the Pay Transparency Directive (EU) 2023/970 must be transposed by June 2026 and that efforts to increase women’s representation in decision-making positions are expected to reduce both employment and pay gaps. The Committee further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) recommended that the Government intensify efforts to close the gender pay gap, including by addressing gender-based labour market segregation, reviewing social and tax policies and tackling factors discouraging women from pursuing full-time careers or senior positions (E/C.12/POL/CO/7, 24 October 2024, para. 25). The Committee requests the Government to provide information on: (i) the impact of the various initiatives taken to reduce the gender pay gap, particularly in the most feminized sectors; and (ii) the effective transposition of the above-mentioned EU Directives.

Articles 1 to 3. Objective job evaluation methods. The Committee again asks the Government to provide information on any job evaluation exercises conducted in the public sector, including progress on the 2022 gender pay survey in all the ministries, or other initiatives, with details on the methods and criteria used to determine equal value. It also requests information on the objective job evaluation methods used in the private sector, including the Ministry of Family, Labour and Social Policy application and the criteria applied.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising. The Committee notes that between 2021 and 2024, the National School of Judiciary and Public Prosecution provided training on “Discrimination and mobbing in labour relations”, covering direct and indirect discrimination in employment relations and evidence procedures. It also notes that: (1) Polish judges and prosecutors participated in international training on gender equality and EU anti-discrimination law through the Academy of European Law; (2) the Border Guard Headquarters is developing a “Gender Equality Plan” including training on sexual harassment and gender-based violence; and (3) the State Labour Inspection’s programme “Counteracting the negative effects of stress in the workplace” offered on-site and online training on discrimination, mobbing, harassment, and workplace violence, promoting internal policies and codes of ethics. Over 500 sessions reached more than 23,000 participants, including over 20,000 employees and 650 employers. The Committee requests that the Government continue to provide information on training and awareness-raising activities on the prohibition of discrimination and on equal remuneration, targeting workers, employers and their organizations, labour inspectors, judges, and other public officials involved in enforcement.

Enforcement. The Committee notes that in 2023, anonymous complaints were filed against the City Hall concerning unequal pay, unclear award criteria, and selective salary increases. Inspections revealed that female employees on pregnancy-related sick leave or maternity leave were systematically excluded from pay increases. The SLI requested the employer to refrain from actions suggesting unequal treatment of female employees exercising parental rights, particularly regarding salary increases. In addition, between 2021 and 2024, the SLI received 122 complaints of gender discrimination in remuneration or other employment conditions, of which 3 were found justified, 45 unfounded, and 74 remained under investigation or without sufficient information. The Committee requests that the Government continue to provide information on violations of the prohibition of discrimination and the principle of equal pay, including sanctions imposed, remedies granted, and the outcomes of any new relevant cases.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Articles 1(1)(a), 2 and 3(b) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes with regret the absence of information in the Government’s report on any amendments to the legislation in response to its previous request to ensure the inclusion of all grounds of discrimination specified in Article 1(1)(a) of the Convention. It recalls that the national legislation contains an open-ended list of prohibited grounds of discrimination, which leaves the courts with the possibility to interpret this clause in line with the Convention. While the use of an open-ended clause is a positive element that may allow the judiciary to incorporate additional grounds, the Committee observes that, in the absence of explicit jurisprudence or clear interpretative guidance, uncertainty may persist as to the effective coverage of all the Convention grounds in practice. In this regard, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, para. 853). The Committee therefore asks the Government to: (i) ensure that the Labour Code explicitly prohibits discrimination in employment and occupation based on at least all the grounds set out in Article 1(1)(a) of the Convention (while also ensuring that the additional grounds already enumerated are maintained), to avoid any legal uncertainty; (ii) report any court decisions interpreting the open-ended discrimination clause. In the meantime, it asks the Government to indicate how it ensures the practical implementation of prohibition of discrimination based on colour, national extraction, and social origin.

Sexual harassment. The Committee notes with concern that, between 2021 and 2024, a total of 55 complaints involving allegations of sexual harassment were received, of which two were found to be justified, four were deemed unfounded, and in 49 cases the complaints remain under investigation, lack sufficient information, or their outcome cannot be determined. The Committee also observes: (1) the absence of information on any activities planned or undertaken to raise awareness of and prevent sexual harassment among employers, workers and their respective organizations, such as training initiatives or public information campaigns; and (2) that the United Nations (UN) Special Rapporteur on violence against women, its causes and consequences indicated that “59 per cent of female journalists in Poland had suffered sexual harassment at some point in their careers. Although public awareness about violence against women has increased in recent years, there remain harmful stereotypes about sexual harassment, which often result in victims being blamed. Sexual harassment in public spaces is also not sufficiently addressed” (A/HRC/56/48/Add.1, 3 May 2024, par. 29). The Committee requests the Government to intensify its efforts to prevent and address sexual harassment in the workplace, including through sustained awareness-raising and capacity-building activities. It further requests the Government to provide information on any measures adopted for this purpose, as well as on the outcomes of all pending cases of sexual harassment.

Articles 1 to 3. National policy for equality of opportunity and treatment. Race, colour, and national extraction. Roma. The Committee notes the continued implementation of the Programme of Social and Civic Integration of Roma in Poland for 2021–30 (PSCIRP 2021–30), which identifies education as a key factor in the integration of Roma communities. It notes efforts to strengthen post-primary and vocational education to support Roma youth in transitioning to the labour market; initiatives undertaken between 2021 and 2023 to reduce the over-representation of Roma pupils in special schools (currently around 10 per cent) to align the rate of Roman pupils with that of the general student population; the employment of approximately 80 Roma Education Assistants; and the provision of “pro-vocational education” activities benefiting 508 persons. The Committee further observes that the UN Special Rapporteur on violence against women, its causes and consequences acknowledged positive steps in the education initiatives implemented by the Government. She nonetheless remained concern about the tangible impact of such programmes, due to limited available data (A/HRC/56/48/ADD.1, 3 May 2024, para. 34). The Committee requests the Government to continue providing information on the implementation and outcomes of the PSCIRP 2021–30, particularly regarding improved access to education and employment for Roma people, measures taken to combat discrimination and promote equality of opportunity, and disaggregated data to assess the effectiveness of these measures.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 30 August 2021 and the response of the Government.

Articles 1 to 4 of the Convention. Gender pay gap and promotion of equal remuneration. The Committee notes the Government’s indications that: (1) according to the data of the European Institute for Gender Equality and Eurostat, the wage gap in Poland is 8.5 per cent (compared to an average of 14.1 per cent for the European Union); (2) according to the Ministry of Family and Social Policy (MFSP), the wage gap in the public sector is 2.5 per cent (the lowest in the European Union); (3) the National Action Programme for Equal Treatment 2021-2030 develops solutions to close the gender pay gap; (4) in particular, the MFSP developed a free application to measure wage inequality that will be promoted in the coming years, intended to increase knowledge about the wage gap as well as to help employers to set wage more fairly; (5) the MFSP also participates in the implementation of the Project “A good climate for good quality workplaces”, which aims at, inter alia, raising entrepreneurs’ awareness through actions directed at transparent remuneration and monitoring remuneration policies in enterprises; and (6) a package of relevant policy recommendations will be developed and a series of 10 workshops for employers and social partners will be held. The Committee also notes the observations by the Independent and Self-Governing Trade Union “Solidarnosc” that: (1) the positive trend in equalizing opportunities for women on the labour market has been interrupted by the Covid-19 epidemic; and (2) the data provided by Eurostat differ from those provided by the Central Statistical Office according to which the wage gap is approximately 19 per cent. In its response to the observations of the Independent and Self-Governing Trade Union “Solidarnosc”, the Government emphasizes again that: (1) in terms of the amount of the salary gap, Poland compares well with other EU countries; and (2) that the situation is very different between the public and the private sectors, which is typical of all European countries and one of the reasons why European countries have decided to work on the elaboration of directive in this regard. The Government also stresses that there is no hard data at this stage to estimate the impact of Covid-19 on the salary gap. The situation needs to be monitored before conclusions can be drawn and remedial actions undertaken. The Committee asks the Government to provide information on the steps taken regarding: (i) the implementation of the National Action Programme for Equal Treatment 2021-2030 and its impact on closing the gender pay gap; (ii) the dissemination and promotion of the use of the application developed to measure wage equality; (iii) the implementation of the Project “A good climate for good quality workplaces”, in particular with respect to pay transparency; and (iv) the policy recommendations developed by the Government. The Committee also asks the Government to continue to provide information on the evolution of the gender wage gap, in particular information on the impact of the Covid-19 epidemic in this regard and the measures taken to remedy any negative impact noted. Lastly, emphasizing the importance of collecting appropriate data in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make the necessary adjustments, the Committee requests the Government to monitor the impact of programs in place and make adjustments towards the reduction of the gender pay gap.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value and scope of comparison. Legislation. In its previous comments, the Committee had noted the indications by the Government that courts appeared to limit the scope of comparison provided for under section 183c of the Labour Code – that provides for equal pay for equal work or work of equal value - to the same enterprise. The Committee notes the indications by the Government that: (1) the draft of the new Labour Code developed by the Labour Law Codification Commission in 2018 did not receive recognition from the social partners and that there is no decision to resume this process; (2) the recommendations developed by the Codification Commission in the area of collective labour law will be used to develop further directions of the Government’s policy; and (3) work is currently in progress within the forum of the European Union to adopt a Directive on strengthening the application of the principle of equal pay for women and men for equal work or work of equal value, the possible adoption of which may have an impact on the equal pay solutions contained in the Labour Code. With regard to the ongoing legislative developments, the Committee further notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” that: (1) two parliamentary bills were submitted to the Sejm covering the issue of equality in remuneration for women and men, one amending the Labour Code and another one amending the Act on the National Labour Inspectorate; (2) a parliamentary draft of the Act on limiting the gender pay gap was also developed but not approved by the parliament – as the project presented a number of disadvantages, including that the role of trade unions was disregarded, and that it did not specify the consequences for the employers who failed to fulfil the obligations included in the draft act; and (3) the current legislative instruments do not equip workers and their representatives with effective tools to enforce the principle of the Convention. The Committee therefore asks the Government to provide information on any legislative development in relation to ensuring a broad scope of comparison between jobs to determine whether they are of equal value, such as ensuring that the application of the principle is not limited to the “same enterprise”. More generally, the Committee asks the Government to provide information on any legislative development on the application of the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. Further to the Committee’s request in this respect, the Government indicates that the survey that had been envisaged to be undertaken in all the ministries has been delayed and will be implemented before the end of the third quarter of 2022. It also notes that the free application developed by the MSFP to measure wage inequality will help employers in the setting of fair wages. The Committee asks the Government to provide information on any job evaluation exercise conducted in the public sector, including on the advancement of the survey planned to be conducted in the ministries in 2022, with detailed information on the method and criteria used to compare different jobs to determine whether they are of equal value. It also asks the Government to provide further information on the objective job evaluation methods used in the private sector, including detailed information on the application developed by the MSFP with specifics on the criteria and the measures used to compare jobs in the context of this application.

Awareness-raising. Further to the Committee’s request, the Government indicates that between 2017 and 2021, the topic was addressed in several continuing training courses for judges, court assessors, registrars, assistant judges in labour and social security divisions as well as civil divisions, and prosecutors and assistant prosecutors dealing with civil law cases. The Government also indicates that within the framework of its cooperation with the Academy of European Law ERA, Polish judges and prosecutors took part in several international trainings devoted to equal remuneration for men and women for work of equal value and wage discrimination. Taking note of this information, the Committee requests the Government to continue to provide information on training and awareness-raising activities on the principle of equal remuneration for men and women for work of equal value among workers, employers and their respective organizations.

Enforcement. The Committee notes the Government’s indication that the National Labour Inspectorate undertakes activities of a preventive and informative nature to raise awareness on the principle of the Convention. More specifically, labour inspectors organize and participate in conferences, seminars, and training sessions on the issue, addressed to workers, employers, trade unions and employers’ organizations. The National Labour Inspectorate also publishes and distributes publications on the issue. The Committee further notes the detailed information provided by the Government on cases of pay inequality addressed by the National Labour Inspectorate, indicating that in 2018, 31 complaints were filed, and that in 17 of these cases, the inequality was found unjustified. In 2019, 24 complaints were filed and in 13 of these cases, the inequality was found unjustified. In 2020, 21 complaints were filed and for five of them, the inequality was found unjustified. Between 1 January and 30 June 2021, 14 complaints were filed and for five of them, the inequality was found unjustified. The Committee also takes note of the records of labour law cases provided by the Government on the number of complaints filed and addressed by the courts on employment pay, compensation for infringement of the principle of equal treatment in employment and for discrimination in employment, disaggregated by sex. It notes however that the data provided is not specific to cases related to the pay inequality between men and women. Taking note of this information, the Committee asks the Government to continue to provide information on the awareness-raising activities conducted by the labour inspectors among employers and workers and the number of cases of pay inequality between men and women addressed by the labour inspectorates, the courts or any other competent authorities, and the outcomes of these cases, including: (i) the reasons given for finding pay inequality between men and women to be unjustified, or justified, in particular cases; and (ii) the nature of relief granted in cases where the inequality was unjustified (amount of back pay to individuals; any punitive damages awarded; any prospective injunctive relief for the affected positions etc.).

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 30 August 2021 and the response of the Government.

Articles 1 and 2 of the Convention. Categories of workers excluded from the scope of the Labour Code. Workers in uniformed services. The Committee notes that in its observations, the Independent and Self-Governing Trade Union “Solidarnosc” stresses that the provisions of the legislation are not sufficient to effectively protect workers in uniformed services (i.e. officers from the armed forces, from the internal security agency, the foreign intelligence agency, the state fire service, the police, etc.) against discrimination in employment and occupation, as these groups of workers are not covered by the Labour Code. The organization also alleges that the provisions of the Equal Treatment Act, 2010 are insufficient to ensure the application of the Convention in practice and that complaints filed by officers often result in retaliatory actions.

In its response to the observations of the Independent and Self-Governing Trade Union “Solidarnosc”, the Government provides detailed information on the legal framework adopted to prevent undesirable behaviour in the uniformed services. The Government refers in particular to the amendments in 2021 of section 132(3)(11) of the Act on the police of 6 April 1990, section 135(2)(11) of the Act on the Border Guard of 12 October 1990, and section 209(1)(6a) of the Act of 8 December 2017 on the State Protection Service. In addition, pursuant to section 1(18)(a), section 2(3) and section 7(12(b)) of the Act of 14 August 2020 on special solutions concerning support of uniformed services supervised by the minister in charge of the interior, amending the Act on the Prison Services and certain other Acts, the list of cases of infringing official discipline has been extended to include an act consisting in a deliberate infringement of the personal rights of another officer, applicable even in the case of one-off actions with no requirement of persistence and endurance. The Committee also notes that other legislative measures in the area of preventing discrimination and “mobbing” (defined in article 943 of the Labour Code as “actions or behaviour concerning an employee or directed against an employee, consisting of persistent and long-term harassment or intimidation of an employee, causing the employee to be undervalued in terms of professional usefulness, causing or intended to cause humiliation or ridicule of the employee, isolating the employee or eliminating the employee from his/her team of co-workers”) include the provisions of the rules of professional ethics of police officers (Ordinance No. 805 of the Commander in Chief of the Police of 31 December 2003), border guards (Ordinance No. 11 of the Commander-in-Chief of the Border Guard of 20 March 2003) and state protection officers (Ordinance No. 9 of the Commander of the State Protection Service of 26 February 2018), according to which the officers referred in each Ordinance must act pursuant to and within the limits of the law and respect human rights, and are liable to disciplinary sanctions. Furthermore, in January 2021, the Police adopted the “Plan of educational and information activities in the field of protection of human rights and freedoms, implementation of the principle of equal treatment and compliance with the rules of professional ethics in the Police for the years 2021–2023”. The plan provides for, among other things, a continuation of educational and information activities aimed at making police officers and employees sensitive to the issue of equal treatment and professional ethics. In March 2021, the “Standards for the functioning in the Police of preventive and intervention procedures in the area of conflict resolution, preventing mobbing behaviour, discrimination and other undesirable behaviour in the place of service and work” were approved and form the basis for the procedures implemented in the Police units. Decision No. 178 of the Commander-in-Chief of the Police of 15 July 2021 also introduced, in the National Police Headquarters, an internal procedure for in the event of a conflict situation, mobbing behaviour, discrimination or other undesirable behaviour, which includes protection against retaliation.

As for soldiers, they are protected by both generally and specific applicable regulations, such as for example the Act of 11 September 2003 on military service of professional soldiers, the Act of 9 October 2009 on military discipline, and the General Regulations of the Armed Forces of the Republic of Poland, which prohibits mobbing and provides for sanctions in cases of unethical, immoral, or rude behaviours, and for violating the norms of social coexistence. In addition, the armed forces have a Coordinator for Equal Treatment and female soldiers are appointed at the Women’s Affairs Council. The Coordinator for Equal Treatment and the Women’s Affairs Council have developed a project aiming at strengthening the protection against mobbing and discrimination within the armed forces and that further legislative developments are currently under consideration. The Committee recalls that the protection afforded by the Convention applies to all categories of workers, including workers in uniformed services. The Committee asks the Government to indicate whether the legislation applicable to workers in uniformed services explicitly defines the concepts of discrimination and sexual harassment and enumerates specific protected grounds of discrimination. It also asks the Government to provide detailed information on the number of cases of discrimination detected or dealt with by the competent authorities within the different services, as well as the grounds of discrimination invoked, the outcome of the cases (sanction imposed and remedies granted) and the measures taken to ensure that complaints filed by officers do not result in retaliation.

Article 1. Indirect discrimination. The Committee had requested the Government to provide information on the manner in which the prohibition of indirect discrimination in employment and occupation provided for under section 3(2) of the Equal Treatment Act of 2010 and section 18 3a of the Labour Code is applied in practice, specifying how the Courts had interpreted the differences between the two legal definitions of such discrimination in order to ensure comprehensive protection against indirect discrimination in employment and occupation. In its report, the Government refers to two judgments of the Supreme Court on indirect discrimination under the relevant sections of the Labour Code. The first one of 28 February 2019 (I PK 50/18) concluded that the protection against discrimination under section 18 3a (4) of the Labour Code is extended to cases in which the employer introduces a certain criterion for differentiating between employees which, on the face of it is objective, but as a result of its application, all or a significant number of employees belonging to a particular group are in a particularly unfavourable situation or there are particularly unfavourable proportions in relation to other employees. In the second decision of 7 May 2019 (II PK 31/18), the Supreme Court concluded that the failure to take any action to equalize the level of remuneration may be evidence of discrimination. While taking note of this information, the Committee asks the Government to consider aligning the definitions of “indirect discrimination” in the Equal Treatment Act and the Labour Code to cover the effects of “indirect discrimination” on both a “person” and a group of persons, and to continue to provide information on the application in practice of the prohibition of indirect discrimination, including information on the court decisions issued on the application of section 3(2) of the Equal Treatment Act.

Article 1(1)(b). Additional ground of discrimination. Disability. In follow up to its request for information in this regard, the Committee takes note with interest of the adoption of the Strategy for Persons with Disabilities 2021-2030, by Resolution No. 27 of 16 February 2021, providing for a comprehensive and cross-sectoral approach to public policy to support persons with disabilities. It notes in particular that “work” is one of the priorities of the strategy that provides for actions aimed at increasing the possibility of employment in an open, inclusive and accessible working environment. The Committee further takes note of the launch of two projects in the context of the previous Operational Programme Knowledge Education Development for 2014-20 (OPKED 2014-2020): (1) “Active disabled – tools to support the independence of persons with disabilities”; and (2) “Inclusion of the excluded – active instruments to support people with disabilities on the labour market”. The Government further reports on several measures adopted to support the employers of workers with disabilities, such as aid programmes for training costs, and subsidies to supplement employees’ wages. The Government further provides detailed data showing notably that: (1) the labour force participation rate of the population with disabilities increased by 0.2 percentage points – from 17.3 per cent in 2018 to 17.5 per cent in 2020; (2) the employment rate increased by 0.5 percentage points – from 16.2 per cent in 2018 to 16.7 per cent in 2020; (3) the unemployment rate decreased by 1.8 percentage points – from 6.5 per cent in 2018 to 4.7 per cent in 2020. The Committee also takes note of the data disaggregated by degrees of disabilities, showing that: (1) the 2020 employment rate for people with significant degrees of disabilities was 9.6 per cent, compared to 33.9 per cent for workers with moderate degrees of disabilities and 44.3 per cent for workers with mild disabilities; and (2) the employment rates for workers with moderate and mild degrees of disabilities had increased since 2018 while the employment rate of workers with significant degrees of disabilities had decreased in the same period. Lastly, the Committee welcomes the detailed data provided on the number of complaints for discrimination based on disability filed with the national labour inspectorate, showing: (1) six cases reported between 2018 and 2020 for non-compliance with the prohibition of discrimination by employment agencies and other related entities; (2) three cases reported between 2018 and 2020 for discriminatory refusals to employ a candidate in a vacant place or a place of professional training; (3) 33 cases reported between 2018 and 2020 for discrimination in the recreation or termination of employment; (4) 38 cases reported between 2018 and 2020 for discrimination in determining pay or other terms or conditions of employment; (5) five cases reported between 2018 and 2020 for discrimination in promotion or other work-related benefits; and (6) two cases between 2018 and 2020 for discrimination in the participation in trainings to improve professional qualifications. Welcoming the comprehensive action undertaken by the Government, the Committee asks it to continue to provide information on: (i) any steps taken to promote the employment and vocational training of persons with disabilities, in particular information, including statistics disaggregated by sex, on the implementation of the Strategy for Persons with Disabilities 2021-2030 and the above projects, their results and impact on the recruitment of persons with disabilities on the open market and on the number of complaints for discrimination based on disability as well as on any obstacles encountered; and (ii) cases of discrimination based on disability in employment and occupation that have been addressed by the national labour inspectorate and the courts.

Enforcement. In follow up to its previous comment in this regard, the Committee takes note of the detailed information provided by the Government on the number of complaints addressed to the national labour inspectorate disaggregated by grounds of discrimination. It notes however that the data provided does not include information on the sanctions imposed nor the remedies granted. The Committee asks the Government to continue to provide information on the violations of the prohibition of discrimination in employment and occupation detected by the labour inspectors and other competent authorities and on the sanction imposed and the remedies granted.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 30 August 2021, and the Government’s response.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comment, the Committee noted that section 113 of the Labour Code and section 3(1) of the Equal Treatment Act, 2010, do not prohibit discrimination on all the grounds enumerated in Article 1(1)(a) and requested the Government to provide information on any progress made in this regard, for instance in the context of the envisaged elaboration of a new draft Labour Code. The Committee notes the indication by the Government that the draft of the new Labour Code developed by the Labour Law Codification Commission in 2018 did not receive the recognition of the social partners and that as a result its enactment did not appear to be feasible. The Committee also notes the Government’s explanation that section 113 of the Labour Code prohibits any discrimination for any reason and that, similarly, section 183a(1) of the Labour Code: (1) provides for the obligation to treat employees equally in terms of establishing and terminating an employment relationship, conditions of employment, promotion and access to training to improve professional qualifications; and also (2) uses the same open list of grounds for discrimination, explicitly mentioning sex, age, disability, race, religion, nationality, political opinion, union membership, ethnic origin, sexual orientation, employment for a definite or indefinite period of time, and full-time or part-time employment. The Committee therefore notes that the Labour Code does not explicitly refer to colour, national extraction (which differs from ethnic origin and nationality) or social origin, but contains an open list of prohibited discrimination grounds. With respect to the Equal Treatment Act, the Committee notes that the definition of direct (section 3(1)) and indirect discrimination (section 3(2)) and the prohibition of unequal treatment in employment and occupation (section 3(1) and (2)) cover explicitly only the following grounds: sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age and sexual orientation. It therefore notes that the Equal Treatment Act omits the grounds of colour, political opinion, national extraction and social origin that are enumerated in Article 1(1)(a) of the Convention. It also notes the indication by the Government that, during the reporting period, the courts did not issue any rulings relating to discrimination on the basis of skin colour or social origin. The Committee therefore asks the Government to: (i) ensure that the Equal Treatment Act explicitly prohibits discrimination in employment and occupation based on at least all the grounds set out in Article 1(1)(a) of the Convention, by adding political opinion, colour, national extraction and social origin to the list of explicitly prohibited grounds; (ii) consider aligning the Equal Treatment Act with the provisions of the Labour Code in this regard, while also ensuring that the additional grounds already enumerated in the Labour Code and the Equal Treatment Act are maintained; (iii) consider the possibility, when revising the Labour Code in future, to explicitly cover the grounds of colour, national extraction and social origin, in order to avoid any legal uncertainty; and (iv) ensure that the prohibition of discrimination on the basis of colour, national extraction and social origin is implemented in practice, including with respect to Roma people (see paragraph below).

Discrimination based on sex. Sexual harassment. The Committee previously requested detailed information on the measures adopted to prevent and address all forms of sexual harassment, and the implementation in practice of the relevant provisions of the Labour Code. It notes that the Government refers to section 183a(6) and (7) of the Labour Code defining sexual harassment and protecting employees against retaliation. The Committee also notes the information provided by the Government on the number of complaints of sexual harassment filed with the National Labour Inspectorate, according to which: in both 2018 and 2019, 24 complaints were filed; in 2020, 15 were filed; and between January and June 2021, eight complaints were filed. In this regard, the Committee recalls that the absence of, or a low number, of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee therefore asks the Government to: (i) provide information on any activities planned or effectively conducted to raise awareness on and prevent sexual harassment among employers and workers and their respective organizations, such as training activities or media campaigns; and (ii) continue providing information on the number of cases of sexual harassment handled by the National Labour Inspectorate and the courts and their outcome, including the compensation granted and penalties imposed.

Discrimination based on sexual orientation. The Committee notes the “Memorandum on the stigmatisation of LGBTI people in Poland” (CommDH (2020)27) issued by the Commissioner for Human Rights of the Council of Europe on 3 December 2020. Recalling that the Labour Code prohibits discrimination based on sexual orientation, the Committee asks the Government to provide information on: (i) the measures taken to combat discrimination against lesbian, gay, bisexual, trans and intersex (LGBTI) persons at all stages of employment, and to address prejudice and promote tolerance; and (ii) any cases of discrimination based on sexual orientation handled by the National Labour Inspectorate and the courts, indicating the compensation granted and the penalties imposed.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously requested the Government to provide information on the measures taken to address both horizontal and vertical segregation between men and women in the labour market, and gender stereotypes. The Committee takes note of the adoption of the National Action Programme for Equal Treatment for 2021–30 (NAPET 2021–30). It observes that one of the priorities enumerated in the NAPET 2021–30 is to support equal opportunities for women and men in the labour market. In particular, the NAPET 2021–30 stresses the importance of reducing occupational segregation and identifies the promotion of the participation of women in decision-making processes in enterprises, institutions, universities and non-governmental organizations as one of its objectives. The Committee also takes note of the statistical information provided by the Government on occupational groups, showing that in 2018 men remained over-represented in certain categories such as chief executives, senior officials and legislators, and science and engineering professionals. The Committee therefore asks the Government to provide detailed information, including statistical data, on the implementation and impact of the NAPET 2021–30, and of any other relevant measure adopted, on the horizontal and vertical segregation of men and women in the labour market, and more generally, on its impact on the promotion of equality of opportunity and treatment of men and women in employment and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma people. The Committee previously asked the Government to ensure equality of opportunity and treatment of the Roma people in employment and occupation in practice, and in this context requested information on: (1) any measures adopted in the context of the Programme for the Integration of the Roma Community for 2014–2020 (PIRC 2014–20); and (2) statistical data on the participation of the Roma people and persons belonging to other minorities in education and the labour market, disaggregated by sex. The Committee takes note of the Government’s indication that an independent evaluation was conducted on the effectiveness of the activities of the PIRC 2014–20. It welcomes the Government’s indication that it adopted the new Programme of social civic integration of Roma in Poland for 2021–2030 (PSCIRP 2021–30) and that, despite the prospect of a post-pandemic crisis, the PSCIRP’s budget has been maintained. Education remains a priority of the PSCIRP, with a focus on secondary education and particular emphasis on vocational education. In this regard, the Government further reports on a number of activities undertaken to reduce the over-representation of Roma students in special schools from the level of about 17 per cent (2010 data) to about 10 per cent. Reducing this over-representation to a level comparable to that of the general population (approximately 3.5 per cent) remains one of the important objectives of the current strategy. With regard to access to employment, the Government reports that in the period 2017–20, under the above-mentioned programme, more than 1000 persons from the Roma community were employed, with 80 per cent of them under a permanent contract. Access to the labour market is also being addressed in the context of European Union structural funds with larger budgets than the ones allocated to the PIRC. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expresses concern at: (1) the persistence of structural discrimination against Roma; (2) the low attendance rates of Roma children in primary school, their high rates of high school dropout, their persistent over-representation in special schools and their under-representation in secondary and post-secondary education; (3) the extreme poverty and substandard living conditions faced by Roma in segregated neighbourhoods with no proper infrastructure and basic services, as well as threats of eviction; and (4) the high rates of unemployment among Roma and the large wage gap between Roma and the rest of society (CERD/C/POL/CO/22-24, 24 September 2019, paragraph 21). Noting this information, the Committee asks the Government to continue taking steps to implement the Programme of social civic integration of Roma in Poland 2021–2030 (PSCIRP) and adopt measures to effectively address discrimination against Roma people, including stereotypes and prejudice against them. It also asks the Government to provide detailed information on the implementation of the Programme in practice and its impact on the participation of the Roma people in education, vocational training and the labour market, and particularly on the reduction of the over-representation of Roma students in special schools.

The Committee notes that under the priority “work and social security” of the NAPET 2021–30, one of the objectives is to support groups exposed to discrimination in the labour market due to age, disability, race, nationality, ethnic origin, religion, belief, sexual orientation and family status (II.3). In this regard, the Committee welcomes the detailed statistics provided by the Government on the number of complaints reported to the National Labour Inspectorate of instances of discrimination based on race, ethnic origin and nationality. According to the data: (1) 15 cases were reported between 2018 and 2020 and 1 between 1 January 2021 and 30 June 2021 of non-compliance with the prohibition of discrimination by employment agencies and other related entities; (2) 31 cases were reported between 2018 and 2020, and 8 between 1 January 2021 and 30 June 2021 of discrimination in the creation or termination of employment; (3) 34 cases were reported between 2018 and 2020, and 5 between 1 January 2021 and 30 June 2021 of discrimination in the determination of pay or other terms or conditions of employment; and (4) 5 cases were reported between 2018 and 2021 of discrimination in promotion or other work-related benefits. Recalling that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all, the Committee asks the Government to provide information on any policies envisaged or adopted to address specifically such discrimination, and the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. Indirect discrimination. The Committee previously pointed out that while section 3(2) of the Equal Treatment Act defines indirect discrimination as a situation that would expose a “natural person” to unfavourable difference or particular disadvantage, section 18(3)(a), paragraph 4, of the Labour Code refers to a situation that would expose “all or a considerable number of employees belonging to a particular group” to unfavourable difference or particular disadvantage. The Committee notes the Government’s statement, in its report, that courts are entitled to interpret the differences between the two definitions, but that the Supreme Court decided that in order to demonstrate indirect discrimination, it is firstly necessary to demonstrate that there was a specific group of workers the majority of whom, or all of them, can be described as having a particular feature. The Committee asks the Government to continue to provide information on the manner in which the prohibition of indirect discrimination in employment and occupation provided for in section 3(2) of the Equal Treatment Act and section 18(3)(a), paragraph 4, of the Labour Code is applied in practice. The Government is asked to provide a copy of any relevant judicial decision handed down in that regard, while specifying how courts have interpreted the differences between the two definitions in order to ensure comprehensive protection against indirect discrimination in employment and occupation, pursuant to Article 1(1)(a) of the Convention. Referring to the Government’s statement that it is currently working on a new draft Labour Code, the Committee hopes that the Government will seize this opportunity to harmonize the definitions of indirect discrimination and asks the Government to provide information on any progress made in that regard.

Article 1(1)(b). Additional ground of discrimination. Disability. The Committee notes the Government’s indication that the national Operational Programme Knowledge Education Development 2014–20 indicates that the employment rate of persons with a disability is very low (20.9 per cent in 2013). It also notes the Government’s indication that several instruments are being developed to support the employment of persons with disabilities, in particular concerning their access to employment and entrepreneurship. It notes in particular that, according to the 2017 annual report of the Commissioner for Human Rights, a Strategy for Persons with Disabilities for 2018–30 is currently being developed. The Committee notes from the data forwarded by the Government, that 35 complaints alleging discrimination on the ground of disability when establishing or terminating employment relationship and 30 complaints alleging discrimination on the ground of disability when setting remuneration for work or other conditions of employment were dealt with by the labour inspectorate between 2014 and 2016. It observes, however, that no information is provided nor available on the nature and outcome of those complaints. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Rights of Persons with Disabilities expressed concern at: (i) the low rate of employment of persons with disability and the barriers that women with disabilities face when they seek to enter the open labour market and, as a consequence, their lower income as compared to others, particularly in rural areas; (ii) the promotion of sheltered workshops and the offer of low-status jobs for persons with disabilities which hinders their access to the open labour market; and (iii) the failure to reach the employment quota of 6 per cent for persons with disabilities, especially in the public administration sector (CRPD/C/POL/CO/1, 29 October 2018, paragraph 47). The Committee asks the Government to provide information on: (i) the measures taken to promote vocational training and employment of persons with disabilities and improve their access to the open labour market, in particular under the national Operational Programme Knowledge Education Development for 2014–20 and the draft Strategy for persons with disabilities 2018–30, and to provide a copy of such strategy once adopted; (ii) the employment rate of persons with disabilities, both in the public and private sectors, disaggregated by sex and work environment (segregated work environment or open labour market); and (iii) the number, nature and outcome of complaints regarding cases of discrimination on the ground of disability in employment and occupation dealt with by the labour inspectors, the courts or any other competent authorities, specifying the penalties imposed and compensation awarded.

Enforcement. The Committee notes that according to the detailed information provided by the Government on the enforcement of equal treatment and non-discrimination provisions by the labour inspectorate, for the period January 2014 to December 2016 violations were found in 28 out of 424 employment agencies and entities inspected; in 27 out of 402 temporary employment agencies inspected, and in 34 out of 450 employers having recourse to temporary workers. Discriminatory criteria in job offers were found in 16 inspected establishments. It further notes that complaints made before the labour inspectorate mainly referred to cases of discrimination in employment on the ground of sex, race, ethnic origin and national extraction, and disability. With respect to cases of discrimination in employment lodged before district courts, the Committee notes from the data forwarded by the Government that 40 cases were lodged in 2015 and 28 cases were lodged in 2016, and that among the 41 cases of discrimination in employment heard by district courts in 2016, six actions were approved in whole or in part, and 21 were dismissed. The Government has stated that a decision of the Supreme Court ruled that differentiating the employee’s situation as result of citizenship was a breach of the principle of non discrimination in employment (judgment of 7 November 2016, Ref. No. Ill PK 11/16). From the data provided by the Government, the Committee notes that 2,500 labour inspections covering approximately 6,000 foreign workers took place between July 2014 and December 2016, revealing 106 cases of unequal treatment of foreign workers, such as lower pay rates for the same work and less favourable conditions of work. In that regard, it notes that the Human Rights Council, in the context of UPR, recommended that the Government continues to make efforts to protect migrant workers from all forms of exploitation and abuse (A/HRC/36/14, 18 July 2017, paragraph 120), while the United Nations Committee on Economic, Social and Cultural Rights expressed concern about the working conditions of migrant workers and recommended that they be protected from all forms of exploitation and abuse (E/C.12/POL/CO/6, 26 October 2016, paragraphs 21 and 22). The Committee asks the Government to continue to provide information on any violations of the prohibition of discrimination in employment and occupation detected by the labour inspectors or other competent authorities, and on the sanctions imposed and the remedies granted.

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

The Committee notes the observations of the Independent and Self Governing Trade Union “Solidarnośc”, received on 11 September 2017, addressed by the Government in its report.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value and scope of comparison. Legislative developments. The Committee previously noted that section 18(3)(c) of the Labour Code provides for equal remuneration for the same work or work of equal value, defined as “work requiring comparable professional qualifications, responsibilities and effort”, but that in practice case law of the Supreme Court seems to limit the scope of comparison to the same enterprise referring to the comparability of positions that are “unique in the whole organizational structure of the employer”. The Committee notes the Government’s indication, in its report, that while the Labour Code does not in theory exclude the possibility of comparing wages between various enterprises, case law regularly refers to comparisons of wages at a single employer. The Government adds however that the issue of equality and comparability of wages will be examined in terms of compliance with international regulations in the framework of the tripartite Labour Law Codification Commission, appointed as a result of the Ordinance of 9 August 2016 (Dz. U. Item 1366) to prepare a draft Labour Code and a draft Collective Labour Law Code. In this regard, the Committee wishes to point out that: (i) the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers; and that (ii) ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation (see 2012 General Survey on the Fundamental Conventions, paragraphs 697–699). The Committee takes note of the adoption of the Labour Code Amendment Act of 16 May 2019, which entered into force on 7 September 2019, but regrets that the Government did not seize this opportunity to extend the scope of comparison provided for under section 18(3)(c) of the Labour Code to ensure that the application of the principle of the Convention is not limited to the “same enterprise”. Noting that, in March 2018, the Chairman of the Codification Commission announced that the Commission completed its work and adopted a new draft Labour Code and a new draft Collective Labour Law Code, the Committee hopes that the Government will seize this opportunity to give full legislative expression to the principle of the Convention by explicitly allowing comparisons between jobs performed by men and women in different places or enterprises, or between different employers, and asks the Government to provide information on any progress made in this regard, in particular in the framework of the draft Labour Code and the draft Collective Labour Law Code as agreed by the Codification Commission. It asks the Government to provide updated information on the current status of the review and adoption of both draft Codes, as well as a copy of these pieces of legislation once adopted. In the meantime, the Committee asks the Government to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials on the principle of the Convention, in particular concerning the scope of comparison, and their impact on the application of the principle of the Convention, including by providing a copy of relevant judicial decisions handed down on this issue, in particular by the Supreme Court.

Article 3. Objective job evaluation. The Committee previously noted that the 2013 Supreme Audit Office (SAO) inspection, carried out in the public sector, attributed the gender pay gap to the organizational structure of departments, as well as differences in qualifications, work experience, professional experience, competencies and commitment of employees. It hoped that the methodology to evaluate gender pay gap in enterprises, as a result of the National Programme of Activities for Equal Treatment for 2013-2016 (KPDRT), would lead to the development of objective job evaluation methods. The Committee notes that the Government refers to the operationalization, since May 2017, of an anonymous and free online application on the website of the Ministry of Family, Labour and Social Policy (MRPiPS) to help employers, both in the public and private sectors, to estimate wage differentials between men and women, but that no information is provided with respect to the elaboration or implementation of objective job evaluation methods, except that the Government is planning to undertake a gender pay gap survey in all ministries. The Committee wishes to stress that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias (see General Survey, 2012, paragraph 695). Noting that the Government indicates that it is planning to undertake a gender pay survey in all the ministries, the Committee asks the Government to provide information on any job evaluation exercise initiated in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector, including information on any cooperation undertaken with employers’ and workers’ organizations in this regard, for the purpose of giving effect to the provisions of the Convention.

Enforcement. The Committee notes that, according to the information provided by the Government, the number of complaints submitted to the labour inspectorate on gender discrimination with respect to “determination of remuneration and other conditions of employment” raised from 12 in 2015 to 21 in 2016. The Government adds that the labour inspectorate undertook several information and educational activities, such as free legal advice on equal treatment, publications and information campaigns, both at central and regional levels, for employers, workers, and their organizations, to ensure compliance with the relevant labour law regulations. The Government also refers to judgments issued by the Supreme Court in 2014 and 2016 on equal treatment. The Committee however notes that, in its observation, the Independent and Self Governing Trade Union “Solidarnośc” recommends that such information campaigns should also seek to raise awareness on the fact that inequality in remuneration between men and women is a form of discrimination contrary to the national legislation which engages employers’ liability and compensation. Furthermore, the Committee notes that, in its 2016 concluding observations, the UN Committee on Economic, Social and Cultural Rights recommended that the Government takes further measures to address the differences in remuneration for work of equal value by enforcing legislation and strengthening the capacity of the labour inspectorate with regard to monitoring of wage differentials (E/C.12/POL/CO/6, 26 October 2016, paragraph 24). The Committee asks the Government to continue to provide information on the activities of the labour inspectorate with respect to the principle of the Convention and to indicate the steps taken or envisaged to strengthen the capacity of the labour inspectorate to monitor wage differentials, including through the provision of appropriate tools to evaluate whether jobs performed by men and women are of equal value. The Committee also asks the Government to provide detailed information on the number, nature and outcome of any cases or complaints concerning inequality of remuneration detected by or reported to labour inspectors, the Commissioner for Human Rights, the courts or any other competent authorities, and to provide a copy of any decision issued in this regard.

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

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee previously noted that section 11(3) of the Labour Code and section 3(1) of the Equal Treatment Act of 3 December 2010 (ETA) do not prohibit discrimination on the grounds of colour and social origin, as required by Article 1(1)(a) of the Convention. The Committee notes the Government’s statement in its report that the grounds of discrimination set out in the Labour Code are non-exhaustive and are listed only as examples. Noting that, according to their last annual reports, no case or complaint of discrimination on the grounds of colour or social origin has been dealt with by the labour inspectorate or the Commissioner for Human Rights (RPO), the Committee recalls that, where legislative provisions are adopted to give effect to the Convention, they should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention. In that regard, it takes note of the adoption of the Labour Code Amendment Act of 16 May 2019, which entered into force on 7 September 2019, and more particularly of the amendments introduced in new section 11(3) of the Labour Code, but regrets that, despite its recommendations, the Government did not take this opportunity to include the grounds of colour and social origin in the list of the prohibited grounds of discrimination. Noting the Government’s indication concerning the elaboration of a new draft Labour Code in May 2018, the Committee hopes that the Government will take this opportunity to explicitly prohibit discrimination in employment and occupation based on at least all the grounds set out in Article 1(1)(a) of the Convention, while also ensuring that the additional grounds already enumerated in the Labour Code and the Equal Treatment Act currently in force are maintained in any new legislation. The Committee asks the Government to provide information on any progress made in this regard. In the meantime, it asks the Government to provide information on the application in practice of section 11(3) of the Labour Code and section 3(1) of the Equal Treatment Act, including on any relevant judicial decisions concerning discrimination on the grounds of colour and social origin.

Discrimination based on sex. Sexual harassment. The Committee previously noted the difficulties faced by the labour inspectorate in examining sexual harassment complaints due to a lack of material evidence and the unwillingness of work colleagues to act as witnesses. While noting that the Government has not provided information on any measures taken or envisaged to improve the handling of sexual harassment complaints by labour inspectors, the Committee notes that 55 complaints of sexual harassment were dealt with by the labour inspectorate between 2014 and 2016 and observes that the figures have been increasing from 15 complaints in 2014 to 21 complaints in 2016. It further notes, from the statistical data provided by the Government, that 21 cases of sexual harassment were lodged with the courts from 2014–16. The Committee however notes that, in its 2017 annual report, the RPO highlights the lack of adequate tools for responding to sexual harassment and that this contributes to victims’ unwillingness to report abuse. A study carried out by the RPO also shows that many female university students experience some form of sexual harassment during their studies, often by university employees. The Committee observes in this regard that, in December 2018, the United Nations Human Rights Council Independent Expert Group on the issue of discrimination against women in law and in practice expressed concern that the RPO, which has been very active in promoting and protecting women’s rights, faces serious challenges of inadequate resources, as well as insufficient cooperation with some governmental bodies. The Committee further notes the amendments introduced to section 943(4) of the Labour Code, as a result of the Amendment Act of 16 May 2019, which now provides that an employee who has suffered from “bullying”, or has terminated an employment contract as a result of “bullying”, has the right to claim compensation from the employer in an amount not lower than the minimum wage, while previously the right to claim compensation was granted only to an employee who, as a result of “bullying”, terminated his or her employment contract. The Committee asks the Government to: (i) explain what conduct is addressed under the term “bullying”; (ii) provide information on the application in practice, of section 943(4) of the Labour Code, as amended, and more particularly on any measures taken to prevent and address all forms of sexual harassment (both quid pro quo and hostile work environment) in education institutions and at workplaces; and (iii) increase public awareness of the issue of sexual harassment and “bullying”, as well as the legislative amendments introduced to the Labour Code, and procedures and mechanisms available for victims to seek redress, including by improving the handling of sexual harassment complaints by the labour inspectorate. It also asks the Government to continue providing information on the number of complaints concerning cases of sexual harassment and “bullying” in educational institutions and at workplaces dealt with by labour inspectors, the courts or any other competent authorities, specifying the penalties imposed and compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously noted the measures taken and envisaged under the National Programme on Activities for Equal Treatment 2013–16 (KPDRT) to promote equal opportunities for men and women. It notes the Government’s indication that, in the framework of the KPDRT, a set of recommendations to enhance women careers in the science, technology, engineering and mathematics (STEM) area has been developed and several additional measures have been implemented to promote women’s representation in decision-making positions, in particular on the supervisory boards of state-owned companies and in large companies, such as the development of a guide for human resources departments in order to improve equality of opportunity for men and women at the workplace level. The Government adds that a similar project was implemented from 2016 to 2019 targeting 400 medium-sized companies, including individual business advice, training for employers and workers on equal treatment at work and relevant regulations, sharing of good practice and provision of free tools. The Committee also notes the measures developed in the framework of the KPDRT to facilitate the reconciliation of work and family responsibilities, such as the awareness-raising programme “Family and Work: It Pays!” (2016–17). It notes in that regard the amendments introduced to the Labour Code by the Act of 24 July 2015 allowing working parents to fully share part of maternity and parental leave (sections 180 and 186 of the Labour Code). The Committee however notes, that a team to evaluate the implementation of the KPDRT was established in April 2015 but that, as highlighted by the UN Human Rights Council Independent Expert Group on the issue of discrimination against women in law and in practice, the evaluation report had still not been published in December 2018. It further notes that, according to Eurostat, the employment rate of women increased slightly from 58.5 per cent in 2016 to 60.3 per cent in 2018, but remained substantially lower than the employment rate of men (74.3 per cent in 2018). The Committee observes that the gap between the employment rates of men and women has widened from 10.3 percentage points in 2016 to 14 percentage points in 2018. The Committee notes that, in their 2016 concluding observations, the UN Human Rights Committee and the UN Committee on Economic, Social and Cultural Rights (CESCR) both expressed concern at: (i) the prevalence of gender biases and stereotypes; (ii) the concentration of women in lower-paid sectors; and (iii) the under-representation of women in decision-making positions in the public and private sectors, and that they recommended that the Government combat gender stereotypes and segregation in the labour market (CCPR/C/POL/CO/7, 23 November 2016, paragraph 21, and E/C.12/POL/CO/6, 26 October 2016, paragraphs 14 and 15). It also notes that in its 2017 annual report, the RPO highlighted the need to enhance women’s education in the fields of technical sciences and engineering, as well as new technologies, and requested the Government to take this issue into consideration in the framework of the reform of vocational training and the counselling system in schools. The Committee notes from the data provided by the Government that the labour inspectorate dealt with 48 complaints alleging discrimination on the ground of sex when establishing or terminating the employment relationship and 46 complaints alleging discrimination on the ground of sex when setting remuneration for work or other conditions of employment, but observes that no information has been provided on the outcome of these complaints. The Committee asks the Government to provide information on the measures taken to address effectively both horizontal and vertical segregation between men and women in the labour market, as well as gender stereotypes, including by improving the economic activity rate of women and enhancing their access to decision-making positions and their participation in non-traditional fields of study and occupations. Noting that the National Programme on Activities for Equal Treatment ended in 2016, it asks the Government to provide information on the development and implementation of any new national programme or action plan on equal treatment or gender equality, as well as statistical information on the distribution of men and women in employment, disaggregated by economic sector and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma. The Committee previously noted that, despite several measures aimed at improving access to education and increasing opportunities in the labour market, the Roma remained the most marginalized group in the labour market. The Committee notes with interest the adoption of the Programme for the Integration of the Roma Community for 2014–20, which explicitly recognizes education and employment promotion as priority areas. It notes the Government’s statement that 93 per cent of Roma children met the compulsory schooling obligation (compared to 84 per cent in 2013) and that several educational programmes for Roma parents and children were implemented in community and integration centres. The Government adds that several measures were undertaken to enhance the participation of Roma in the labour market and that, as a result, in 2016, 263 members of the Roma community were employed and 105 persons benefited from courses, internships and work placements to enhance their professional qualifications. The Committee notes the detailed statistical information provided by the Government on the situation of national and ethnic minorities in the labour market in 2015. While welcoming the measures taken, it notes with concern from the Government’s report that the unemployment rate of the Roma is still three times higher than the average unemployment rate of other minorities (15.5 per cent and 5.4 per cent, respectively), while the employment rate of Roma was only 13.4 per cent (compared with 46.5 per cent on average for all other minorities). The Committee further notes that, in its 2016 concluding observations, the CESCR expressed concern at persistent societal discrimination against the Roma, as well as the fact that, despite the decrease in their unemployment rate, the Roma continue to be disproportionately affected by unemployment. The CESCR also expressed concern at the low attendance rates of Roma children in primary school, their drop-out rates from high school, their over-representation in “special” schools and their under-representation in secondary and post-secondary education (E/C.12/POL/CO/6, 26 October 2016, paragraphs 12, 16, 17 and 55). The Committee also notes that, in the context of the Universal Periodic Review (UPR), the Committee of Ministers of the Council of Europe highlighted the persistent discrimination and difficulties faced by the Roma in different sectors, in particular, in employment and education, and indicated that the unemployment figures demonstrated that the various initiatives and schemes had not yielded tangible results and that a significant proportion of the Roma remained excluded from the labour market (A/HRC/WG.6/27/POL/3, 21 February 2017, paragraphs 74 and 75). The Committee asks the Government to continue adopting measures to prevent and address stereotypes and discrimination based on race, colour or national extraction, and effectively ensure equality of opportunity and treatment of the Roma in employment and occupation, including by improving their employment rate and enhancing their access to a wide range of occupations in the labour market, as well as their participation in education and vocational training. It asks the Government to provide information on any measures adopted to that end, particularly in the framework of the Programme for the Integration of the Roma Community for 2014–20, as well as the results achieved, by providing a copy of any reports evaluating their impact. The Committee also asks the Government to continue providing information on the participation of the Roma and persons belonging to other ethnic minorities in education and the labour market, disaggregated by sex.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Employers of Poland (EP) supported by the International Organisation of Employers (IOE), received on 22 September 2014, which concern issues relating to the assessment of the gender pay gap and objective job evaluation, addressed by the Government in its report.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls its previous comments regarding section 183c, paragraph 3, of the Labour Code which refers to work of equal value as work requiring comparable professional qualifications, responsibilities and effort, and case law of the Supreme Court concerning the comparability of positions that are “unique in the whole organisational structure of the employer”. The Committee notes that the Government does not provide information in this respect. Recalling that the Convention does not limit the application of the principle of equal remuneration to the same enterprise and that the possibility of bringing equal pay claims should not be excluded due to the fact that no comparator is available within the enterprise (see General Survey on the fundamental Conventions, 2012, paragraph 699) the Committee once again asks the Government to indicate how men and women are protected from discrimination in respect of remuneration in accordance with the principle of the Convention.

Assessment of the gender pay gap. The Committee notes the Government’s indication that, due to discrepancies in available data, it is difficult to specify the extent of the gender pay gap. The Committee notes that both the Government and the EP refer to Eurostat data indicating that in 2012 the gross pay gap between men and women was 6.4 per cent, up from 4.5 per cent in 2010, but overall a decrease of more than 8 per cent since 2007. The Government also provides data from the Central Statistics Office that in 2012 the average remuneration of women was 20 per cent lower than that of men, and with respect to average hourly gross remuneration, the gap was 13.5 per cent. Women also continue to earn less in posts as higher officials, in managerial posts for business services and management, in posts of industrial workers and in the services sector. The Committee further notes, from the inspection carried out in 2013 by the Supreme Audit Office (SAO) on equal remuneration for men and women in the public sector, that disparities in wages in this sector amount to 10.82 per cent. Differences in the average remuneration of men and women ranged from 15.23 per cent (in favour of women) to 30.48 per cent for basic pay, and from 30.3 per cent to 37 per cent for total pay (including bonuses and allowances). Of the posts analysed, men had higher basic pay in almost 80 per cent of the cases. The Committee notes that in 2012 the Government established an informal team within the Ministry of Labour and Social Policy to address the wage gap, involving representatives of non-governmental organizations, the private sector and academia. The Government also indicates that the National Programme of Activities for Equal Treatment 2013–16 provides for measures aimed at reducing the gender wage gap, including promoting the principle of equal remuneration for work of equal value. The EP draws attention to the need for measures to address individual factors causing wage differences between men and women (education, position, length of service, etc.), including promoting those aimed at reconciling work and family responsibilities. The Committee asks the Government to continue to provide detailed statistical information on the remuneration of men and women in the public and private sectors, disaggregated by economic sector and occupation, and information on any measures taken to identify and address the underlying causes of gender-based differences in the payment of bonuses and allowances in the public service. The Committee asks the Government to continue to provide information on the measures taken or envisaged, including in the framework of the National Programme of Activities for Equal Treatment 2013–16, to reduce the gender pay gap and promote the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes that the 2013 SAO inspection in the public sector attributed the gender pay gap to the organizational structure of departments, as well as differences in qualifications, work experience, professional experience, competencies and commitment of employees. The Committee notes the comments by the EP that the inspection allowed employers to appreciate data regarding pay differences which resulted in two controlled entities raising the salaries of women. The EP considers that a tool to monitor wage differentiation along with objective measures to establish the impact of individual factors on remuneration levels could positively affect how remuneration levels are shaped. The Committee notes that the Government organized meetings with the social partners in order to evaluate the tools for eliminating differences in remuneration of women and men and that the National Programme of Activities for Equal Treatment for 2013–16 seeks to develop a methodology to evaluate the gender pay gap in enterprises. The Committee hopes that the methodology developed to evaluate gender pay gaps leads to the development and promotion of objective job evaluation free from gender bias in the private sector and asks the Government to provide information on progress made in this regard. The Committee also asks the Government to continue to provide information on any objective job evaluation exercises undertaken, in cooperation with the social partners, in the public sector, including the results achieved.

Enforcement. The Committee notes from the information provided by the Government that, between January 2010 and 15 April 2014, 52 complaints of gender discrimination were submitted to the labour inspectorate which related to “remuneration for work or other conditions of employment”; as a result, 37 inspections were carried out and 11 queries were addressed to employers. Since 2011, only three cases have been recorded as “justified complaints.” The Government indicates that the labour inspectorate faces difficulties in overseeing compliance with the principle of equal pay for work of equal value, primarily due to a lack of appropriate tools and objective measuring instruments with regard to wage differentiation. The Government also provides information on cases decided by the Supreme Court in 2012 and 2013 relating to equal remuneration for the same work. The Committee asks the Government to continue to provide information on the activities of the labour inspectorate with respect to the principle of the Convention, and to indicate the outcome of any cases of pay discrimination. The Committee asks the Government to indicate the steps taken or envisaged to strengthen the capacity of the labour inspectorate to monitor wage differentials, including the provision of appropriate tools to evaluate whether jobs performed by men and women are of equal value. Please continue to provide information on relevant judicial decisions regarding the application of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the trade union NSZZ “Solidarnosc,” received on 3 September 2014, and the Government’s reply thereto, received on 1 October 2014.

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Act of 3 December 2010 on the implementation of some regulations of the European Union regarding equal treatment (Equal Treatment Act (ETA)) which applies to civil contracts, self employment and independent professions, as well as vocational training and education. The Act defines and prohibits direct and indirect discrimination on the grounds of sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age and sexual orientation. The Act also defines and prohibits harassment and sexual harassment, prohibits the instruction to discriminate and introduces the prohibition of victimization and the duty to provide reasonable accommodation to persons with disabilities. With respect to employment, the Committee notes, however, that the definition of indirect discrimination in the Labour Code refers to a particular disadvantage “for all or a significant number of employees belonging to a group” which is different from the definition in section 3(2) of the ETA which refers to a “person” rather than a “group”. The Committee notes the Government’s indication that, in determining whether indirect discrimination has occurred, the Supreme Court considers which community the regulation may affect and what impact the regulation has on that group. The Committee asks the Government to clarify the difference between the two definitions of indirect discrimination in the ETA and the Labour Code, and if there is a conflict, to harmonize the definitions in accordance with the Convention, to ensure comprehensive protection. Please provide information, including any judicial decisions, indicating how the prohibition of indirect discrimination in employment and occupation in the ETA and the Labour Code has been applied in practice. The Committee also requests the Government to indicate how protection is ensured against discrimination on the grounds of colour and social origin set out in Article 1(1)(a) of the Convention, but omitted from the list of prohibited grounds in the ETA and the Labour Code. Noting the Government’s indication that the unified text of the Labour Code is being finalized, the Committee hopes that the Government will soon be in a position to provide a consolidated version of the relevant provisions of the Labour Code, as amended.

Sexual harassment. The Committee notes that 51 complaints of sexual harassment were addressed to the national labour inspectorate between 2011 and the first quarter of 2014, 18 of which turned out to be unjustified; for 26 complaints, it was impossible to establish whether they were grounded or ungrounded (due to lack of objective verifiable circumstances). The Committee notes the difficulties faced by the labour inspectorate in examining complaints due to a lack of material evidence and an unwillingness of colleagues to act as witnesses. The Committee notes from the statistical data provided that several cases of sexual harassment were decided by the labour and district courts between 2010 and 2014. The Committee requests the Government to indicate any measures taken or envisaged to improve the handling of sexual harassment complaints by labour inspectors, and to continue to provide information on the outcome of such complaints, including sanctions imposed and remedies provided. Please continue to provide information on court decisions and on the effective measures taken to promote awareness of the issue of sexual harassment at work, and any cooperation with workers’ and employers’ organizations in this regard.

Equality of opportunity of men and women. The Committee notes from the recent Labour Force Survey that, in the first quarter of 2014, women’s activity rate was 48.7 per cent compared to 64.2 per cent for men’s. Unemployment rates for men and women were 10.3 and 11 per cent, respectively. The Committee notes the Act of 28 May 2013 (No. 675) amending the Labour Code and other Acts, and the Act 26 July 2013 (No. 1028) amending the Labour Code, extending maternity benefits to both parents, making available a parental leave period of 26 weeks, and introducing the non-transferability of some part of parental leave. The Government also indicates that legislative measures have been adopted to allow more flexible organization of working time. The Committee further notes from the information submitted by the Government to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) the measures taken and envisaged under the National Programme on Activities for Equal Treatment 2013–16 to promote equal opportunities for men and women, including measures to facilitate women returning to work after maternity or parental leave, to promote a positive image of female leadership and to overcome stereotypes concerning women (CEDAW/C/POL/Q/7-8/Add.1, 20 June 2014, pages 10, 14, 18–19). The Committee asks the Government to provide information, disaggregated by sex, on the take-up rates of male and female workers of the parental leave and flexible work-time entitlements and their impact on improving women’s access to employment. The Committee requests the Government to continue to provide information, including in the context of the National Programme of Activities for Equal Treatment 2013–16, on measures taken to improve women’s economic activity rates and promote their access to a wide range of jobs, including higher level and decision-making positions, and results achieved in this regard.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indications that the Roma remain the most marginalized group in the labour market; only 11 per cent of Roma have a secondary and post-secondary education, and only 29 per cent are economically active. The Committee notes that the Government has taken measures to increase opportunities for the Roma in the labour market and that access to education has been a priority this regard; assistance has been provided through education grants, professional courses and internships directed at the Roma community funded by the European Social Fund. The Committee also notes the use of social campaigns to eliminate stereotypes regarding the Roma, and the Government’s participation in activities supporting diversity in the workplace including cooperation with the Responsible Business Forum. Lastly, the Committee notes from information submitted by the Government to CEDAW, the measures taken to implement programmes for the Roma community, including Roma women, and that the National Programme of Activities for Equal Treatment 2013–16 also provides for the preparation of the Roma Community Integration Programme for 2014–20 (CEDAW/C/POL/Q/7-8/Add.1, pages 6–7). The Committee requests the Government to continue to provide information on measures taken, and results achieved, to raise the level of education and vocational training of the Roma community, to ensure their access to a wide range of occupations, and to combat negative stereotypes and anti-Roma sentiments. Please include statistical information on the participation of Roma men and women, as well as persons belonging to other ethnic minorities, in education and the labour market. The Committee also requests the Government to indicate the concrete measures taken to prevent and address discrimination based on race, colour or national extraction in employment and occupation within the framework of the National Programme of Activities on Equal Treatment (2013–16) and the Roma Community Integration Programme, including activities carried out in cooperation with the social partners.

Enforcement. The Committee notes the detailed information provided by the Government on the enforcement of non-discrimination provisions by the labour inspectorate. It notes in particular that 20 employment agencies were found to have engaged in gender-based discrimination from 2010 to 2012. It also notes that most cases of non-compliance during this period continued to relate to discriminatory job offers and refusal of employment; in 2013, labour inspectors detected ten offences regarding gender-based discrimination related to employment. Noting the difficulties encountered by the labour inspectors in handling sex discrimination cases due to the inability to disclose complaints and conclusively decide on the case, the Committee requests the Government to indicate any measures taken or envisaged to strengthen the capacity of the labour inspectors to address cases of gender discrimination in an effective manner. Please continue to provide information on the enforcement activities of the labour inspectorate, including with regard to the grounds of discrimination on which reported violations are based, and the outcome of the cases, as well as on the number and nature of cases concerning discrimination addressed by the courts.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Assessment and analysis of the gender pay gap. The Committee notes that, according the Government’s report, the gender pay gap has increased from 7.5 per cent in 2007 to 9.8 per cent in 2008 (on the basis of average gross hourly earnings). According to the report entitled “Employment in Poland in 2007” mentioned by the Government in its report, in 2006, monthly earnings of women (on the basis of full-time employment) were on average 18 per cent lower than men’s. The Committee welcomes the analysis of the causes for the gaps in remuneration between men and women provided in the 2007 employment report. This analysis shows that remuneration gaps are due to differences pertaining to the characteristics of the job holder, such as his or her level of education or professional experience, for a small part to “observable” and “non-observable” characteristics affecting the worker’s productivity (age, seniority, motivation and effort), to the characteristics of the workplace (sector, profession, size of the enterprise) and gender discrimination. In addition, with respect to the wider remuneration gap concerning managerial posts, the report underlines that it is largely due to the underrepresentation of women in these higher paid positions. The report emphasizes the difficulty in establishing the extent to which the remuneration gaps are gender discrimination. While noting this information, the Committee observes that the Government’s report contains no information in reply to its previous request regarding measures taken to address such remuneration gaps. The Committee once again asks the Government to provide information on any measures taken to reduce and close the widening gender remuneration gap both in the private and public sectors, including measures to address occupational segregation between men and women on the labour market and to promote women’s opportunities for career development and access to a wider range of jobs and educational and vocational paths. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, as well as any available studies and reports on the gender pay gap and its evolution.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee notes the Government’s indication that under article 183c, paragraph 3, of the Labour Code, work of equal value is work the performance of which requires from the workers comparable professional qualifications (established by diplomas or professional experience) as well as comparable responsibilities and effort. Further to the information provided by the Government on the case law relating to the comparability of work in different posts, the Committee would like to recall that the Convention does not limit the application of the principle of equal remuneration to the same enterprise. It considers that the mere fact that there is no comparator available within the enterprise should not relieve the employer from the obligation to determine levels of remuneration free from discrimination based on sex. The Committee asks the Government to indicate how men and women are protected from discrimination in respect of remuneration if no real or hypothetical comparator is available within the enterprise.

Article 3.  Objective job evaluation. According to the Government’s report, under the Labour Code, job evaluation is the responsibility of each employer. While noting the Government’s indication that job evaluation can be used by the employer as a defence to an equal pay claim, the Committee asks the Government to take steps to promote the use of objective job evaluation methods in the determination and assessment of remuneration. Please provide information on any measures taken in this respect.

Enforcement. The Committee notes the information provided by the Government regarding the enforcement of labour legislation concerning the payment of remuneration by the Labour Inspectorate. The Committee notes however that this information does not include data on any infringement of the right to equal remuneration for work of equal value. It further notes the Government’s indication that labour inspectors do not have the right to represent the complainants or to be witnesses before the courts. The Committee asks the Government to provide information on the activities of the Labour Inspectorate as regards specifically the enforcement of the principle of the Convention, including information on cases identified, claims received, remedies provided and sanctions imposed.

The Committee notes the information provided by the Government on the cases relating to equality of remuneration decided by the Supreme Court between 2006 and 2008. Please continue to provide information on the evolving case law on equal remuneration for men and women for work of equal value, including indications on the number of such cases being brought.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes the Government’s indication that the anti-discrimination provisions of the Labour Code were amended in November 2008 by which the definition of indirect discrimination was supplemented; the situations being considered discriminatory and the definition of sexual harassment were further specified; reprisals against an employee subject to mobbing or sexual harassment are now explicitly prohibited, and the scope of protection of an employee exercising his or her rights further to the infringement of the principle of equal treatment in employment was also further specified. According the Government’s report, the situations that are not considered to be contrary to the principle of equal treatment have been further defined and the Labour Code was also amended with a view to strengthening the protection of women returning from maternity leave. The Committee notes from the Government’s report that since 2008, other amendments to the Labour Code have been made to provide equal opportunities for men and women in employment, including the granting of additional rights with respect to maternity and parenting. Welcoming these legislative developments, the Committee requests the Government to provide detailed information on their content, particularly with respect to the new definition of indirect discrimination, the situations that are not considered to be discriminatory and the provisions providing equal opportunities for men and women. Please provide information on their application in practice, including information on any relevant court decisions. Please also provide a copy of the consolidated version of the relevant provisions of the Labour Code, as amended.

Articles 1 and 2 of the Convention. Sexual harassment. The Committee notes the Government’s indication that the provisions of the Labour Code concerning sexual harassment have been amended to add a detailed indication of actions that may lead to creating unfavourable conditions for the employee. The Committee also notes that more than 30 complaints for sexual harassment have been submitted to the labour inspectors since 2009 and that several cases of sexual harassment were decided by the labour divisions of district and regional courts. The Committee asks the Government to provide detailed information on the content of the amended provisions relating to sexual harassment. Please also continue to provide information on court decisions and on the effective measures taken to promote awareness of the issue of sexual harassment at work, and any cooperation with workers’ and employers’ organizations in this regard.

Equality of opportunity of men and women. The Committee notes from the statistics provided by the Government that the rate of economically active women remains under 50 per cent (46.6 per cent in 2008 and 47.3 per cent in 2009). According to data from Eurostat, the employment rate of women was 52.9 per cent in 2009. In October 2008, men were over-represented by 30 per cent in decision-making positions (i.e. public government representatives, senior officials and managers). The Committee welcomes the numerous initiatives and projects implemented by the Government since 2005 to promote women’s employment with a particular emphasis on the fight against stereotypes regarding the role of women in the society and at work, through media campaigns, workshops, seminars and conferences. The Committee notes the Government’s indication that since 2008, a programme entitled “Social and economic activity of women at the local and regional levels” was being implemented with a view to improving the situation of women in the labour market, including though specific activities of the labour market institutions. It further notes that according to the Government’s report some of the projects launched aim in particular at reconciling work and family responsibilities, and legislative measures were taken in this regard. The Committee would like to draw the Government’s attention to the fact that the measures taken in order to facilitate the work of women with children, such as flexible working time or additional leave, even if they are well intentioned and seen as corresponding to needs of women who continue to bear an unequal burden of family responsibilities, may raise issues with respect to equality of opportunity and treatment. Such provisions may reinforce and prolong social attitudes that hinder the realization of gender equality and it is therefore important to move toward making arrangements and entitlements aimed at reconciling work and family responsibilities available to both women and men on an equal footing. The Committee encourages the Government to pursue its efforts to combat the stereotypes regarding the roles of women and men in society and at work and requests it to provide information on the active labour market measures to promote the employment of women implemented through the labour market institutions. The Committee requests the Government to provide information on any assessment made on the impact of the abovementioned projects and programmes on women’s employment and opportunities, in particular on their employment in decision-making positions. The Government is also requested to provide further information on the measures taken to facilitate reconciliation of work and family responsibilities. Please continue to provide statistics regarding the participation of men and women in both the private and the public sectors, by sector and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. In its previous comments, the Committee noted that, among the various ethnic minorities, the Roma remained the most disadvantaged group in respect of employment and occupation and were particularly affected by long-term unemployment. The Committee notes the Government’s indication that unemployment among Roma, a minority to which 12,731 Polish citizens declared to belong in 2002, is estimated at approximately 90 per cent, and any standard forms of combating such unemployment with regard to this group have failed. The Committee notes the measures taken to implement the continuing Programme for the Roma Community in Poland (2004–13), in particular the employment of Roma education assistants, the employment of Roma women in the city greenery sector (with childcare provided) and the employment of Roma in institutions reporting local administrations (subsidized jobs). The Government indicates that it envisages the conduct of a nationwide information campaign on the promotion of employment of Roma in 2011.

The Committee notes however that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, expressed concern about the continued social marginalization and discrimination faced by the members of the Roma minority, particularly in the fields of education, employment and housing. The CERD recommended that Poland “enhance its efforts towards the full integration of Roma into the Polish society and combat discrimination against the Roma by improving the enjoyment of economic, social and cultural rights”, particularly in the above fields (CERD/C/POL/CO/19, 14 September 2009, paragraph 4). More recently, the United Nations Human Rights Committee requested the Government to “take the necessary measures to ensure the practical enjoyment by the Roma of their rights … by implementing and reinforcing effective measures to prevent and address discrimination and the serious social and economic situation of the Roma” (CCPR/C/POL/CO/6, 27 October 2010, paragraph 7).

The Committee asks the Government to step up its efforts to raise the level of education and vocational training among the members of the Roma community and provide information on the measures taken to that end and their impact on the participation of Roma in education and their access to a wider range of occupations. The Committee further asks the Government to provide information on the issues related to cases of discrimination against Roma on the labour market that were discussed by the Team for Roma Affairs of the Common Government and the National and Ethnic Minorities Commission, and any conclusions reached and follow-up action taken. The Government is also requested to provide information on the measures taken to combat the deeply rooted stereotypes faced by the members of the Roma community and to promote tolerance among all parts of the population. Please continue to provide statistical information on the participation of Roma men and women in education and the labour market.

Welcoming the extension of the National Programme for Counteracting Racial Discrimination, Xenophobia and Related Intolerance to 2013, the Committee requests the Government to provide information on the concrete measures taken within this framework to prevent and address discrimination based on race, colour or national extraction in employment and occupation. It also reiterates its previous request for information on any activities carried out in cooperation with the social partners to promote non-discrimination and diversity at work. Please also provide statistical data on the situation of ethnic minority men and women in employment and occupation once they are available following the 2011 national census.

Enforcement. The Committee welcomes the detailed information provided by the Government on the enforcement of equality and non-discrimination provisions by the Labour Inspectorate and notes in particular that the most frequent cases of non-compliance of anti-discrimination provisions relate to the issuance of discriminatory job vacancies by employment agencies (discrimination based on age, gender, nationality, etc.). It further notes that, since 2010, equal treatment of non-citizens is an additional component of the supervision of the labour legislation by the Labour Inspectorate. The Committee requests the Government to continue to provide information on the enforcement activities of the Labour Inspectorate with respect to discrimination in employment and once again requests the Government to provide information on the grounds of discrimination on which the cases are based. Please also provide information on the action of the Office of the Plenipotentiary for Equal Treatment, which was established in 2008, in the field of employment and occupation.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Assessment of the gender pay gap. The Committee is concerned that the gender pay gap calculated on the basis of average gross hourly earnings as reported by EUROSTAT has increased from 10 per cent in 2005 to 12 per cent in 2007. According to the Government’s report the gender pay gap continue to be widest as regards senior management positions. In 2005, women in such positions earned 13.2 per cent less than men in government employment and 12.6 per cent less in the private sector. The Committee asks the Government to provide information on the measures taken to address the existing gender pay gap in the private and public sectors and to continue to provide detailed statistical information on the earnings of men and women, as well as any available studies and reports on the gender pay gap and its evolution.

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that section 18(3)(c)(1) provides that all workers have the right to equal remuneration for equal work and work of equal value, while section 18(3)(a)(1) provides for the principle of equal treatment as regards, inter alia, remuneration on a number of grounds, including sex. However, the Committee also notes from the Government’s report that section 11(2) of the Labour Code provides that workers shall have equal rights resulting from the performance of identical duties and that this shall particularly apply to the equal treatment of men and women in employment. The Committee recalls that the principle of equal remuneration for work of equal value as set out in the Convention does not only apply to situations where men and women perform identical tasks or duties but that equal remuneration must be provided also to men and women performing different tasks or duties, as long as they involve work of equal value. The Committee asks the Government to indicate whether the abovementioned provisions of the Labour Code allow for equal pay claims to be brought by women where the work of the male comparator is of a different nature from that of the claimant.

Article 3. Objective job evaluation. The Committee recalls that the Convention implies the use of a technique or method to establish the value of work with a view to determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. In this regard, Article 3 requires States, having ratified the Convention, to promote the development and use of objective job evaluation methods, free from gender-bias. Noting that the Government has not replied to the Committee’s previous comments on this matter, the Committee once again asks the Government to indicate the specific measures it intends to take to promote the development and use of objective job evaluation methods, with a view to promoting the Convention’s principle.

Enforcement. The Committee notes the explanations provided by the Government regarding the role of the Labour Inspectorate. The Committee asks the Government to provide information on the number and nature of court cases on equal remuneration in the context of which labour inspectors acted as representatives of complainants or witnesses.

The Committee further notes the information concerning cases decided by the Supreme Court in 2006 and 2007 involving issues of equal remuneration. In a decision of 15 September 2006 (OSNP 2007/17-18/251), the Supreme Court held that an employee claiming compensation for infringement of the principle of equal treatment in respect of remuneration must prove that he or she performed the same work or work of equal value. Recalling that section 18(3)(b)(1) of the Labour Code stipulates that it is the employer’s duty to prove that an employee has not been discriminated against, the Committee asks the Government to elaborate on the applicable rules regarding the burden of proof in cases regarding unequal remuneration of men and women for work of equal value, following this Supreme Court decision of 15 September 2006. Please also continue to provide information on the evolving case law on equal pay for men and women for work of equal value, including indications on the number of such cases being actually brought.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 and 2 of the Convention. Sexual harassment. Recalling its previous comments regarding the enforcement of the legal provisions concerning sexual harassment and measures to raise awareness of the issue, the Committee notes from the Government’s report that between 2005 and 2007 the district and regional courts dealt with some ten sexual harassment cases per year. The Committee asks the Government to provide information on the measures taken to promote awareness of the issue of sexual harassment at work, and any cooperation with workers’ and employers’ organizations in this regard.

Equality of opportunity of men and women. In its report under the Equal Remuneration Convention, 1951 (No. 100), the Government stated that women continue to face difficulties with regard to promotion and that they are more often subject to discrimination, as stereotypical views of employers on family responsibilities negatively influence their approach to hiring, remuneration and promotion of women. With less than 50 per cent, Poland has one of the lowest rates of economically active women in Europe. The Committee notes the Government’s indication that the programmes aimed at addressing this situation include research into the reasons of women’s low economic activity and measures to address inequality resulting from stereotypes relating to age, motherhood and rural origin. The Committee requests the Government to provide detailed information on the results of these and any other measures taken to address inequality and discrimination faced by women in employment and occupation, including efforts to promote action for gender equality at the enterprise level, to facilitate reconciliation of work and family responsibilities, and to ensure the effective enforcement of the non-discrimination legislation. The Committee reiterates its request to the Government to provide detailed statistical information on the distribution of men and women in the different areas of economic activity and occupations, as well as the participation of men and women in decision-making positions.

Equality of opportunity and treatment of persons with disabilities. The Committee notes with interest the numerous measures taken by the Government to promote equality of opportunity and treatment in employment and occupation of persons with disabilities, including the adoption and implementation of a specific national policy on this issue. The Committee particularly notes the financial support offered to employers accommodating the special needs of disabled persons at the workplace. The Committee looks forward to receiving further information on the progress made in promoting equality of opportunity and treatment in employment and occupation of men and women with disabilities.

Equality of opportunity and treatment irrespective of race colour and national extraction. The Committee notes that among the various ethnic minorities, the Roma remain the most disadvantaged group in respect of employment and occupation. According to the Government, the Roma are particularly affected by long-term unemployment. The Committee notes that subsidized employment and training for the Roma has been offered under the Programme for the Roma Community in Poland. The number of Roma who have benefited from subsidized employment decreased from 74 in 2006 to 63 in 2007, whereas 35 Roma have received vocational training in 2007. While welcoming the reported measures, the Committee is concerned that they may not be sufficient in order to address the persisting and deeply entrenched inequality and discrimination faced by the Roma community. As indicated in the Government’s second report submitted by Poland under the Framework Convention for the Protection of National Minorities (ACFC/SR/II(2007)006, 8 November 2007, page 45), a factor hindering the integration of the Roma and preventing them from entering the labour market is their stereotypical and negative image among the non-Roma majority. The Committee requests the Government to provide detailed information on the measures taken to strengthen its efforts to promote equality of opportunity and treatment in employment and occupation of the Roma, including active labour market measures and measures to combat stereotypical and discriminatory attitudes and practices that affect them. Please provide statistical information, disaggregated by sex, on the situation of the Roma in employment and occupation, and their participation in the measures taken to promote their employment.

With regard to other ethnic minorities, the Committee notes that new statistical data will be available following the 2011 national census. The Committee welcomes the Government’s intention to collect information on the situation of the different ethnic groups through the census and trusts that the information collected will be of assistance in analysing the situation of ethnic minority men and women as regards employment and occupation. In the meantime, the Committee requests the Government to continue to provide information on the measures taken to promote respect for non-discrimination and diversity at work, including any promotional activities carried out in cooperation with the social partners in this regard.

Enforcement. The Committee notes the statistical information provided regarding discrimination cases dealt with by the courts. The Committee requests the Government to continue to provide such information, as well as indications regarding the prohibited grounds of discrimination these cases involve. Recalling that the publication and dissemination of court decisions is an effective means of raising awareness of the obligations arising under the equality legislation, the Committee asks the Government to indicate whether information regarding the content and outcomes of these cases are being collected and disseminated.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Assessment of the gender pay gap. The Committee notes from the Government’s report that according to surveys carried out by the National Labour Inspectorate, in 2003 women occupying higher management posts earned 12.6 per cent less that their male counterparts. In 2004 this pay gap increased to 17.4 per cent. No significant wage gap had been found in respect of lower management posts. The Committee also notes that according to EUROSTAT data, the overall gender wage gap (average gross hourly wages) in Poland amounted to 10 per cent in 2004. The Committee encourages the Government to continue to undertake surveys and studies to monitor the gender remuneration gap in the private and public sectors and to provide information on the outcome of such surveys in its reports, including updated statistical information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation.

2. Supervision and enforcement. The Committee notes the Government’s indication that the violation of the principle of equal treatment is not considered an offence; as a consequence, labour inspectors cannot impose fines or refer matters to the court. Most of the cases dealt with by the labour inspection service involved failure of the employer to make the legislation on equal treatment available to employees. Only the labour court may award compensation to victims of discrimination, including for violations of the right to equal remuneration for work of equal value. Noting that the report does not indicate whether any cases concerning equal remuneration for work of equal value have been brought to the courts, the Committee once again asks the Government to provide this information. Noting that violations of the principle of equal remuneration under the Labour Code are not subject to administrative fines, the Committee asks the Government to continue to provide information on any other measures taken by the National Labour Inspectorate to ensure and promote respect for the Labour Code’s provisions concerning equal remuneration.

3. Objective job evaluation. The Government’s report states that analytical and impartial methods of job evaluation were applied in Poland. Among the enterprises applying for the award of “Leader in Human Resource Management” in the period 2005–06, large companies were more likely to use objective job evaluation as a basis for remuneration than small companies. However, performance and competence appraisal were also applied. The Committee asks the Government to indicate whether it intends to take any specific measures to promote, more broadly, objective job evaluation methods on the basis of the job performed, with a view to promoting the Convention’s principles.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that an analysis of the labour market situation of migrants, refugees and members of the Roma community, which was carried out under the national programme to counteract racial discrimination, showed that none of the labour offices had received any complaints relating to discrimination on the grounds of national or ethnic origin. The Committee also notes that the national programme envisages the development of materials for job seekers and workers concerning available legal protection from ethnic discrimination and the implementation of a system to monitor equal treatment of migrants, refugees and ethnic minorities in respect of access to employment, vocational training, remuneration, social security and trade unions. The data provided by the Government concerning the economic activity and labour market status of persons identifying themselves as belonging to an ethnic group (2002 National Population and Housing Census) indicates that almost half of these persons are economically inactive and 17.4 per cent of those who are economically active are registered as unemployed. The Committee requests the Government to continue to provide information on the abovementioned and other measures to promote and ensure equality of opportunity and treatment of members of ethnic minorities in employment and occupation, including information on the results of the projects facilitating entry and re-entry into the labour market referred to in the report. Please also supply updated statistical information on the labour market situation of the different ethnic minority groups.

2. The Committee notes from the statistical information provided by the Government that the employment situation of the Roma remains serious. In 2005, the unemployment rates established by the Ministry of Internal Affairs and Administration for a number of voivodships was between 54.5 per cent and 99.5 per cent. According to the 2002 National Population and Housing Census, only 8.3 per cent of the Roma population were working as employees, employers or own-account workers. The Government states that the programme in favour of the Roma community in Poland, therefore, focused on vocational training and guidance, as well as the creation of new jobs, including subsidized jobs for members of the Roma community. According to the report, the number of Roma taking part in these schemes increased considerably in 2005. The Committee requests the Government to continue to provide information on the specific measures taken to promote equal employment opportunities for members of the Roma community. In this regard, please provide information concerning the number of Roma that have benefited from subsidized jobs and vocational training and guidance, as well as indications on the number of Roma who subsequently found regular employment or became self-employed.

3. Equality of opportunity and treatment of women and men. The Committee notes that a number of projects are being implemented by the Government with a view to strengthening gender equality in the labour market. One awareness-raising programme aims at facilitating women’s re-entry into the labour market after childbirth, while another project addresses the role of men in achieving gender equality and work-family balance through participation in child rearing. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote gender equality in the labour market, as well as the results achieved by the various projects and programmes. It also requests the Government to provide detailed statistical information on the distribution of men and women in the different areas of economic activity and occupations, as well as the participation of men and women in decision-making positions.

4. Equality of opportunity and treatment of persons with disabilities. The Committee notes the detailed information provided by the Government outlining the legal and policy framework promoting equality of opportunity and treatment in employment and occupation of persons with disabilities. The Committee particularly notes the activities of the Office of the Government Plenipotentiary for Disabled Persons to promote the employment of disabled persons, including information campaigns targeting human resource managers in the public administration and disabled students. The Committee requests the Government to continue to provide such information on the measures taken to promote equal employment opportunities of persons with disabilities, including on the results secured by such action.

5. Enforcement. The Committee requests the Government to continue to provide information on the activities carried out by the competent authorities to supervise and enforce the anti-discrimination legislation, including indicating the number, subject matter and outcome of the complaints or court cases received and dealt with.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 to 3 of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee notes the communication dated 28 February 2006, jointly submitted by the Independent Self-Governing Trade Union (Solidarnosc) and the International Food, Agricultural, Hotel, Catering, Tobacco and Allied Workers Associations (IUF). The communication was forwarded to the Government on 15 March 2006.

2. The Committee notes that Solidarnosc and the IUF refer to a situation involving allegations of sexual harassment in an undertaking employing some 100 women on night shift and three male supervisors. According to the communication, eight women were either dismissed on disciplinary grounds or being pressured to resign due to the fact that they lodged sexual harassment complaints or supported such complaints. The public prosecutor initiated criminal proceedings against the accused supervisor who, while suspended from his duties, continues to receive his salary as well as legal assistance from the employer. By contrast, the women lost their jobs which caused moral and financial suffering, and the compensation claims raised by them in the labour court are still pending. The communication states that these facts constitute a violation of the Convention, since although the legislation has been brought in line with international standards, public labour institutions have de facto provided insufficient protection against sexual harassment. It is stated that the Government failed to take appropriate measures to address sexual harassment as outlined in the Committee’s 2002 general observation on this matter.

3. The Committee notes that Solidarnosc and the IUF suggest a number of measures that could be taken to draw up an effective national policy on sexual harassment and offer their collaboration in this respect. The unions propose that the administrative and judicial mechanism and procedures applicable to sexual harassment cases be simplified and expedited. Special measures should be introduced for the immediate protection of victims from further harm. Further, the unions propose a tripartite initiative to draw up a national policy to prevent and address sexual harassment in private and public undertakings. Labour inspection should play a key role in monitoring the implementation of a future national policy on sexual harassment.

4. The Committee notes that the Government has not provided its views on these matters, though its report contains some general information concerning sexual harassment in reply to the Committee’s previous comments. The Committee notes that out of the 55 complaints concerning equal treatment received by the National Labour Inspectorate, only two related to sexual harassment. The Government states that while the inspectors can request an inspected enterprise to eliminate confirmed irregularities, judicial proceedings were the most appropriate procedure in case of discrimination. Only the court can determine whether discrimination occurred and award compensation accordingly. However, labour inspectors can provide counselling services and raise awareness among employees of their rights and the possibility to bring court cases.

5. The Committee notes that sexual harassment is a particularly severe form of discrimination based on sex that has serious implications for the victims and the workplace as a whole. The Committee recalls that, while the Convention is flexible as regards the choice of the measures taken to pursue the national equality policy envisaged under Article 2 of the Convention, these measures should be appropriate for achieving positive results towards the elimination of discrimination in law and in practice. While the Committee notes that the Government has taken certain measures to prohibit sexual harassment, it requests the Government to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies to promote the acceptance and observance of the national equality policy. It requests the Government to continue to provide information on the practical application and enforcement of legal provisions concerning sexual harassment, including the outcome of any relevant administrative or judicial proceedings, as well as information on the specific activities carried out by labour inspectors to raise awareness regarding sexual harassment. Finally, the Committee hopes that the Government and the social partners will consider ways and means to ensure that victims of sexual harassment have access to appropriate remedies and protection, taking into account the proposals made by Solidarnosc and the IUF, and it requests the Government to indicate the steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

Further to its observation, the Committee asks the Government to provide information on the following points.

1. Articles 1 and 2 of the Convention. Application in practice. The Committee notes with interest that the National Labour Inspectorate carries out inspection on equal treatment of men and women in labour relations on the basis of a detailed questionnaire, including inspection with regard to remuneration. According to the Government’s report, labour inspectors inform employers of irregularities and instruct workers of their rights. The Committee asks the Government to provide information on:

(a)  the number of equality inspections carried out which found instances of unequal remuneration for men and women for work of equal value;

(b)  the manner in which such cases have been resolved;

(c)  whether labour inspectors can impose fines for wage discrimination; and

(d)  whether any cases involving such discrimination have been brought before the courts.

2. Article 3. Objective job appraisals. The Committee notes that under section 94(2b) of the Labour Code, as amended by the Act of 14 November 2003 on the amendment of the Labour Code, employers have the obligation to counteract discrimination in employment. Recalling that the Convention promotes the use of objective job appraisals on the basis of the work performed as a means to ensure equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on any measures taken to promote the use of such appraisals in the private and public sectors as a means to prevent, identify and remedy pay discrimination.

3. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the National Plan of Action for Women (2003-05) foresees several activities in cooperation with social partners to promote women’s economic activity, including a comparative analysis of the costs of women’s and men’s employment. Please provide information on the outcome of the envisaged labour cost analysis, as well as any other cooperation with workers’ and employers’ organizations to promote the application of the Convention.

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

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that the Labour Code defines sexual harassment as non-accepted behaviour of sexual character or referring to the sex of the employee, whose aim or effect is to infringe the dignity of or humiliate the employee. The definition covers verbal, non-verbal and physical acts, as well as quid pro quo and hostile environment harassment. The Committee also notes that victims of sexual harassment may also file criminal charges under section 199 of the Penal Code (sexual abuse) which provides that whoever, by abusing the relation of dependence or by taking advantage of a critical situation, subjects a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act, shall be subject to a penalty of deprivation of liberty of up to three years. The Committee requests the Government to provide information on the application and enforcement of the legal provision on sexual harassment by the labour inspectors and the courts.

2. With regard to the requirement that the media must "respect the public’s religious sensitivities and, in particular, the system of Christian values" laid down in section 18(2) of the Act of 29 December 1992 on radio and television, under penalty of a heavy fine and the possible non-renewal or withdrawal of their licence, the Committee once again requests the Government to specify the sanctions that would apply individually to journalists employed by the media if they violated the above legislative obligation. The Committee hopes that this information will be provided in the Government’s next report.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report under Convention No. 100 that the Government adopted on 19 August 2003 a National Plan of Action for Women which contains a chapter on the economic activity of women. The Plan of Action envisages activities aiming at promoting and protecting women’s right to equality of opportunity and treatment. The Committee requests the Government to provide information on the concrete measures taken to implement the National Plan of Action, and their impact on the position of men and women in the labour market. Please provide statistical information on the participation of men and women according to sector, occupation and level of responsibility, and other information indicating progress made with regard to achieving gender equality in the world of work.

4. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes from the Government’s fifth periodic report under the International Covenant on Civil and Political Rights (CCPR/C/POL/2004/5, 26 January 2004, paragraph 434) that the 2002 National Population and Housing Census included two questions related to nationality: what nationality a given person felt she or he belonged to and what language was most frequently used at home. The Government is requested to provide information on the employment situation of persons belonging to non-Polish nationalities such as German, Belarusian, Ukrainian, Roma, Lemka or other.

5. Equality of opportunity and treatment on the ground of disability. The Committee thanks the Government for providing information in reply to its previous observation regarding the access of disabled persons to public employment. It notes in particular the quota for the employment of disabled persons is being progressively increased to 6 per cent by 2008. The Committee also notes that, under the target programme "Disabled persons in the public service", a total of 786 persons found employment in 2003. The Committee would appreciate receiving information on the measures taken to promote equal access to employment of persons living with disabilities.

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

1. Articles 1 and 2 of the Convention. Application of the Convention in law. With reference to its previous comments, the Committee notes with satisfaction that the principle of equal remuneration for men and women for work of equal value has been introduced in the Labour Code through amendments in 2001 and 2003. Remuneration has been widely defined as including all payments and benefits connected with work, irrespective of their name and character, paid to the worker in cash or in other form. Work of equal value has been defined as jobs the performance of which requires comparable vocational qualifications, confirmed by official documents, practice or experience, as well as responsibility and effort. The Government is asked to provide information on the promotion and enforcement of the equal remuneration provisions of the Labour Code, including the findings of the inspections conducted in 2003 and 2004 by the National Labour Inspectorate and to provide any relevant administrative or judicial decisions.

2. The gender wage gap - statistical information. The Committee notes with interest the fact that the Government has conducted, compiled and provided detailed statistical information and analyses regarding the earning levels of men and women. According to this information women received 83.1 per cent of the earnings of men in October 2002. Women earned less than men in all occupational groups, even though they were better educated and performed more frequently work requiring higher qualifications. The Committee asks the Government to continue to provide similar information, as well as information on the measures taken to address and reduce the existing gender pay gap.

The Committee is raising other matters in a request addressed directly to the Government.

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

1. Article 1 of the Convention. Application of the Convention in law. The Committee notes that amendments of 24 August 2001 and 14 November 2003, introduced a new provision on equality of opportunity and treatment to the Labour Code and that the Act on employment promotion and labour market institutions of 20 April 2004 likewise contains several provisions applying the Convention. The Committee notes with interest that these amendments extend the scope of legal protection from discrimination in employment and occupation. It notes in particular that:

(a)  under the new chapter of the Labour Code dealing with equal treatment, employees should be equally treated with respect to the conclusion and termination of employment relationships, working conditions, promotion and access to training to enhance vocational qualifications in particular, irrespective of sex, age, disability, race, religion, nationality, convictions, sexual orientation, and on grounds of fixed-term contracts, or contracts of an indefinite duration or full or part-time work. Harassment, including sexual harassment, is considered a form of discrimination. The provisions also contain definitions of direct and indirect discrimination, exceptions to the principle of discrimination, and a provision shifting the burden of proof to the employer. In case of infringements, workers can apply to the National Labour Inspectorate, the courts or the conciliation commission. The Committee also notes that the employers shall disseminate within the enterprise written information on the regulatory texts concerning equal treatment. Under the new section 94(2b), employers are obliged to prevent discrimination at the workplace, which also implies their liability for discriminatory acts by their employees;

(b)  the relevant provisions of the Act on employment promotion and labour market institutions of 20 April 2004 prohibit discrimination against jobseekers with respect to job placement and vocational guidance by employment agencies and labour offices (sections 19(6), 36(4) and 38). Employers are prohibited from including discriminatory requirements in their vacancy notifications to labour offices (section 36(5)). These provisions contain a list of the following prohibited grounds: sex, age, disability, race, ethnic origin, nationality, sexual orientation, political opinion, religion and trade union membership. Infringements of these provisions can be sanctioned by fines not lower than PLN/3,000.

The Committee requests the Government to provide detailed information on the practical application and enforcement of the equal treatment provisions of the Labour Code and the Act on employment promotion and labour market institutions, including indications of the number, nature and outcomes of cases dealt with by the National Labour Inspectorate, the courts, the conciliation commission, and the Commissioner for the Protection of Civil Rights. Please also provide information on the activities promoting the Convention’s application of the Government Plenipotentiary on the Equal Status of Women and Men.

2. Discrimination on the ground of social origin. The Committee notes that the equal treatment provisions of the Labour Code and the Act on employment promotion and labour market institutions do not refer to the prohibited ground of social origin. While noting the Government’s indication that the Labour Code contained an open list of prohibited grounds and that discrimination on other grounds, including social origin, was also not permissible, the Committee notes that, where legislative measures are taken to give effect to the principle contained in the Convention, they should include all the grounds contained in Article 1(1)(a). It therefore requests the Government to consider amending the legislation to explicitly include social origin as a prohibited ground of discrimination and to keep it informed of any progress in this regard.

3. Article 2. Discrimination on the grounds of race, colour and national extraction. The Committee notes with interest that the Government adopted a national programme of counteracting racial discrimination, xenophobia and related intolerance to be implemented between 2004 and 2009. The Committee also notes the adoption by the Government of the "Programme in favour of the Roma community in Poland". The Government is requested to provide detailed information in its future reports on the concrete activities undertaken to implement these programmes and their impact on the enjoyment of the right to equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and asks the Government to provide information on the following points.

1. The Committee would be grateful if the Government would provide information on any action taken to introduce the principle of equal remuneration for work of equal value into national law.

2. In its previous comment, the Committee took note of the Government’s initiative to introduce criteria to be used in assessing equal value of different kinds of work. The Committee takes note of the "Analysis of salary system in the budgetary sphere" that the Government attached with its report. The Committee recalls that to compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access, capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. By way of illustration, in paragraph 60 of its General Survey of 1986 on equal remuneration, the Committee mentioned a number of criteria, which are most commonly referred to in the various national laws on equal remuneration with a view to comparing the work to be performed by men and women. These include skill (or knowledge evidenced by a title or diploma or by practice in the job, and abilities following from experience acquired), effort (physical or mental effort, or physical, mental or nervous strain connected with the performance of the work) and responsibility (or decision-making) required to perform the work (having regard to the nature, scope and complexity of the duties inherent in each job) and the conditions under which the work is to be performed (including factors such as the level of danger associated with the work). The use of these criteria are important since, in general, the factors used in wage fixing schemes often tend to favour men. The Committee trusts that the Government will provide information in its next report on any measure adopted in relation to the application of methodologies for objective job appraisals in both the private and public sectors.

3. Recalling the Government’s acknowledgment included in a previous report that, in order to address the wage differential between male and female workers, particular activities to promote women into better paid areas and posts are required, the Committee asks the Government to provide information on any measures taken or envisaged to reduce the existing pay gap between men and women. In addition, the Committee trusts that the Government shall continue to provide the fullest possible up-to-date statistics disaggregated by sex, taking into account the content of its 1998 general observation and, if possible, to ensure that the statistics provided include data on sectors in which there is a clear concentration of women workers, such as in public administration, education, social services and domestic services, among others.

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

1. The Committee notes the information provided by the Government on the discussed amendments to harmonize national law with European Union law and requests the Government to continue to provide information on the developments regarding the adoption of the draft legislation on the equality directives, and to supply a copy of such legislation once it is adopted.

2. The Committee notes the information in the Government’s report regarding the Bill passed by the Sejm on 22 June 2001. It notes that section 12(3) of the Bill does not include national extraction and social origin as prohibited grounds of discrimination for vacant jobs and occupational training. The Committee requests the Government to supply a copy of the adopted Act and to provide information on the measures envisaged or taken to ensure that discrimination on these two grounds of banned discrimination does not occur in access to jobs and vocational training.

3. Further to its previous comments, the Committee notes section 2(2) of new Order No. 149 of the Minister of Labour and Social Policy of  9 February 2000 concerning job placement services and prohibiting discrimination in the vacancy announcement "on the grounds of sex, age, nationality, confession and any other circumstances". It also notes that the Government declares in its report that "the provision concerns all the discriminative criteria, including the criteria of race, nationality, political beliefs, membership of trade unions, etc.". The Committee hopes that the Government would be in a position to expressly ban discrimination in the law on these grounds and to report on any efforts in this direction.

4. In its previous comment the Committee noted that the Commissioner for Civil Rights Protection received complaints from women who have been denied permission to undergo military training and that the Ministry of National Defence replied that it was taking the necessary measures in this regard. The Committee notes that the Government declares in its report that actions aimed to extend voluntary military training for women have not been accomplished yet and that they are undergoing a restructuring and financing of the armed forces in the years 2001-06. The Committee also notes that amendments to the Bill on military service are being drafted in order to ensure equality of opportunity and treatment on the basis of sex, in respect to access to the military and terms and conditions of employment. The Committee asks the Government to supply a copy of the amended Bill once adopted and to continue to supply information on any follow-up given to the measures to extend military training to women soldiers.

5. Finally, the Committee requests the Government to supply information on the following points which it raised in its previous comments and to which the Government has not yet replied:

(a)  The Committee notes with interest that, according to the 1997-98 report of the Commissioner for the Protection of Civil Rights, the Government is pursuing an active policy for promoting the rights of national minorities and, in particular, has adopted specific measures further to the closing observations of the Committee on the Elimination of Racial Discrimination (CERD), relating in particular to the education of Roma children and the collection of statistics on national minorities. It also takes note of the report prepared by the Centre for International Relations of the Institute of Public Affairs and the Sejm Commission on National and Ethnic Minorities entitled "National Minorities in Poland: Practice after 1989", on the evolution of the situation and the rights of national minorities present in Poland in accordance with this policy and under bilateral and multilateral agreements binding on Poland which highlights current problems in relation to minorities, particularly the difficulties encountered by the Roma and Ukrainians, owing to hostile public opinion. The 1997 report of the European Commission Against Racism and Intolerance (ECRI) for Poland also illustrates that, despite the Government’s political will, the Roma communities still have genuine difficulties integrating into society. The Committee encourages the Government to continue its efforts, particularly in the education of Roma children and informing the public on the need to combat racism and requests it to continue supplying information on the measures taken in education and employment and the results recorded.

(b)  A copy of the implementing texts of the Act of 2 December 1994 eliminating "civic behaviour" from the criteria for recruitment into the civil service and of the text amending the Order of the Council of Ministers of 8 December 1982 concerning training and job evaluation for civil servants.

(c)  Information on individual sanctions incurred by journalists for violation of the obligation laid down in section 18(2) of the Act of 29 December 1992 on radio and television to respect the public’s religious sensitivities and, in particular, the system of "Christian values".

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

1. The Committee notes a communication dated 24 June 2002 by the Trade Union of Agriculture (Samoobrona), alleging non-observance of the Convention by Poland. Samoobrona states that the refusal of the Ministry of Justice of Poland to employ a blind woman as a court recorder constituted discrimination on the basis of disability under Article 1(1)(b) of the Convention. The Committee notes that the Government, apparently accepting disability as a ground covered by the Convention under Article 1(1)(b), states that it had informed the applicant concerned of its view that the relevant legislation would not infringe upon the Convention, because a distinction is made in respect of a particular job based on the inherent requirements thereof in accordance with Article 1(2) of the Convention. The Government states that the relevant legislation, the Act of 18 December 1998 concerning employees of courts and public prosecutor’s offices, did not create the opportunity to employ as a court clerk a person who would be entrusted with the duty of recording of trials only, but that the job description of the position of "court clerk" would include also other clerical functions requiring eyesight.

2. Noting the above statements, the Committee recalls that the exception allowed for in Article 1(2) must be interpreted strictly, so as not to result in undue limitation of the protection which the Convention is intended to provide. It also recalls that the concept of a "particular job" refers to a specific and definable job, function or task. Certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity, and especially in the public service, without coming into conflict with the principle of equality of opportunity and treatment in occupation and employment (1988 General Survey on equality in employment and occupation, paragraph 126). The Committee also recalls the special responsibility of governments to pursue their national policies to promote equality in respect to employment under their direct control (Article 3(d)) and the possibility of taking special measures to meet the requirements of disabled persons (Article 5). The Committee requests the Government to indicate any measures it has taken to accommodate persons with disabilities in order to facilitate their employment in the public service in accordance with Article 5 of the Convention.

In addition, a request regarding other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the report of the Government and the attached information, including statistical data.

1. The Committee notes that the Government is considering introducing in the national labour law the concept of "work of equal value" and criteria to determine the value of different kinds of work. It welcomes this initiative and requests the Government to provide information on the relevant legislative developments, including the development of criteria to be used in assessing equal value.

2. The Committee notes the Act of 23 December 1999 "concerning the shaping of the means for remuneration in the state budgetary sphere and concerning the change of some Acts", which has replaced the Act of 23 December 1994. The Committee also notes that according to the paper "Structure of wages and salaries by occupation in October 1999", in the public sector female employment is predominant and amounted to 56.5 per cent in October 1999. Noting that under section 7 of the Act, the annual average indexes for remuneration increases are subject to negotiation in the framework of the Tripartite Commission of Social and Economic Affairs, the Committee requests information on any measures taken or envisaged by this Commission to guarantee equal remuneration for work of equal value between men and women in the state budgetary sphere.

3. The Committee notes that, according to the statistics provided in the Government’s report, from 1991 to 1999 women’s participation as full-time employees in the lowest decile group of remuneration decreased from 68.4 per cent to 55.6 per cent and their representation in respect to men diminished from 2.2:1 to 1.3:1. In the highest decile group of remuneration, women’s participation increased from 21 per cent to 29.4 per cent. However, their participation in respect to men’s did not improve; it remained steady at a ratio of 0.3:1. The Committee also notes that according to the statistical data included in the abovementioned paper, in October 1999 men’s hourly earnings were 17 per cent and monthly earnings were 25.1 per cent higher than women’s in spite of the fact that "women are in general better educated than men and more often perform work demanding higher qualifications" (page 34). Recalling the Government’s acknowledgment included in its previous report that in order to address the wage differential between male and female workers, particular activities to promote women into better paid areas and posts are required, the Committee requests the Government to provide information on any measures taken or envisaged to reduce the existing pay gap between men and women.

4. The Committee notes the Act of 25 June 1999 on "Social insurance cash benefits for sickness and maternity". It also hopes that the Government would continue to provide information on any measures which, though related to Convention No. 100, fall within the scope of other ILO instruments such as Convention No. 111 (ratified) and Convention No. 156 (not ratified). As frequently emphasized by the Committee, a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100.

5. In the absence of any information from the Government, the Committee asks again that the Government consider the possibility of examining the job evaluation systems in operation to ensure that the factors used capture all the different aspects inherent in the work undertaken by both sexes. It reiterates its observation that, in general, the factors used in job evaluation schemes often tend to favour one sex and the factors which are likely to be present in jobs undertaken mainly by women are sometimes omitted and, therefore, not valued.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the attached documents.

1.  Further to its previous comments, the Committee notes with satisfaction the letter from the President of the National Labour Office of 19 November 1996, attached to the report, sent to the regional employment offices ordering the elimination of any discrimination among jobseekers on the basis of sex and, particularly, the abolition of separate counters for men and women. The Committee notes that the employment offices provide their services without charge, complying with the principle of equality among jobseekers, supervised by the National Labour Bureau by means of regular inspections and subject to professional sanctions if these norms are not observed. To date, no contravention of this type has been noted, nor any complaint made on this basis. The Committee also notes the order by the Ministry of Labour and Social Policy of 28 December 1998 prohibiting the mention in a vacancy announcement "of any discriminatory criteria on the basis of sex, age, nationality, religion or other". The Committee would be grateful if the Government would indicate whether the "other" bases covered by this Article apply to the criteria of race, national extraction, social origin and political opinion laid down in the Convention.

2.  The Committee notes that, according to the report of the Commissioner for Civil Rights Protection for the period January to December 1998 entitled "The Right to Equal Treatment", the Commissioner has received complaints from women who have been denied permission to undergo military training. The Committee notes that the Minister of National Defence replied to the Commissioner that he was taking the necessary measures to allow women to participate in active service in the military, if they so choose, as from 1999. The Committee requests the Government to inform it of the follow-up given to these measures.

3.  The Committee notes with interest that, according to the 1997-98 report of the Commissioner for the Protection of Civil Rights, the Government is pursuing an active policy for promoting the rights of national minorities and, in particular, has adopted specific measures further to the closing observations of the Committee on the Elimination of Racial Discrimination (CERD), relating in particular to the education of Roma children and the collection of statistics on national minorities. It also takes note of the report prepared by the Centre for International Relations of the Institute of Public Affairs and the Sejm Commission on National and Ethnic Minorities entitled "National Minorities in Poland: Practice after 1989", on the evolution of the situation and the rights of national minorities present in Poland in accordance with this policy and under bilateral and multilateral agreements binding on Poland which highlights current problems in relation to minorities, particularly the difficulties encountered by the Roma and Ukrainians, owing to hostile public opinion. The 1997 report of the European Commission Against Racism and Intolerance (ECRI) for Poland also illustrates that, despite the Government’s political will, the Roma communities still have genuine difficulties integrating into society. The Committee encourages the Government to continue its efforts, particularly in the education of Roma children and informing the public on the need to combat racism and requests it to continue supplying information on the measures taken in education and employment and the results recorded.

4.  The Committee notes that the draft law on equality of treatment between women and men is still under discussion. It requests the Government to keep it informed of developments regarding adoption of the draft and, if the law is adopted, to supply it with a copy.

5.  Finally, the Committee requests the Government to supply information on the following points which it raised in its previous comments and to which the Government has not yet replied:

(a)  information on the creation of any rapid procedures for consultation and dispute settlement in the event of dismissals of pregnant women and women on parental leave, which was mentioned in the Government’s 1995 report;

(b)  information on individual sanctions incurred by journalists for violation of the obligation laid down in section 18(2) of the Act of 29 December 1992 on radio and television to respect the public’s religious sensitivities and, in particular, the system of "Christian values";

(c)  a copy of the implementing texts of the Act of 2 December 1994 eliminating "civic behaviour" from the criteria for recruitment into the civil service and of the text amending the Order of the Council of Ministers of 8 December 1982 concerning training and job evaluation for civil servants.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report.

1. The Committee notes with interest the adoption on 2 April 1997 of the new Constitution of the Republic of Poland, which contains a general prohibition of discrimination with regard to political, social or economic life for any reason whatsoever (article 32, paragraph 2). It notes with interest that, while the Constitutional Act of 17 October 1992 guaranteed equality of the rights of women with regard to remuneration through the principle of equal pay for equal work (article 78, paragraph 2(1)), the new Constitution stipulates that men and women shall have equal rights and shall have the right to equal compensation for work of similar value (article 33, paragraph 2). The Committee recalls that section 11.2 of the 1974 Labour Code (as amended) stipulates that employees shall have equal rights resulting from the performance of identical duties and that this shall apply in particular to the equal treatment of men and women in the area of work. It requests the Government to indicate whether it is envisaged to harmonize the provisions of the Labour Code with the new Constitution which, in keeping with the Convention, provides broader protection.

2. With reference to its previous comments with regard to efforts undertaken by the Government to ensure that gender-neutral factors are used in job evaluation schemes, the Committee, in the absence of the information requested, must repeat its observation that, in general, the factors used in job evaluation schemes often tend to favour one sex and the factors which are likely to be present in the jobs undertaken mainly by women are sometimes omitted and, therefore, not valued. Therefore, the Committee again asks that the Government consider the possibility of examining the job evaluation schemes in operation to ensure that the factors used capture all of the different aspects inherent in the work undertaken by both sexes.

3. Further to its previous comments concerning the wage-fixing method in the budgetary sphere, the Committee notes that the relevant Act of 23 December 1994 has been amended. In the absence of a translation of said amendments, the Committee is not in a position to examine this question and will do so together with the Government's next report.

4. The Committee notes that the Government's report is silent on a number of issues it had previously raised. It must therefore repeat parts of its previous direct request which read as follows:

1. The Committee notes that, in the lowest wage group, women outnumbered men in 1994 on a ratio of 1.5:1, which represented an improvement over the situation in 1991-92, when the ratio was 2:1. In addition to women's employment being exceptionally high in particular sectors where the wages are relatively low, the Government indicates that the difference between men's and women's wages results also from the nature of the work performed by men and women. It also states that the number of women employed in managerial posts is lower, mainly because women are reluctant to undertake jobs that require long hours or demand a high level of responsibility. The report also cites other factors that contribute to the wage differential, including women's shorter period of professional work (which results from the possibility of earlier retirement), their work intervals stemming from maternity leave, their choice of less intense and less arduous professions, and women's less frequent availability for overtime or additional work. The Government acknowledges that in order to counteract the wage differential, particular activities to promote women into better paid areas and posts are required. It points out in this respect that, as women's lower wage levels determine the level of their social benefits (such as pensions), their situation in life is maintained at a weaker level, even after retirement.

2. The Committee has emphasized frequently that a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100. Most of the obstacles to equal remuneration, to which the Government refers, come within the scope of Convention No. 111 (ratified by Poland) and some others concern also Convention No. 156 (not ratified). Accordingly, the Committee hopes that the Government will consider how it might improve the application of this Convention through the implementation of measures which, though related to Convention No. 100, fall within the scope of other ILO instruments. The Committee would be grateful if the Government would continue to provide information indicating the measures being taken to reduce the wage differential between men and women.

The Committee hopes the Government will make every effort to provide the requested information in its next report.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with interest that a new Constitution was adopted by the National Assembly on 2 April 1997 and confirmed in October 1997 following a referendum. It notes that, although articles 32 and 33 of the new Constitution do not specifically mention the seven grounds of discrimination formally prohibited by Article 1, paragraph 1(a), of the Convention, they prohibit discrimination on all grounds in political, social or economic life and guarantee equal rights and treatment for men and women in education, employment, promotion, remuneration for work of equal value and social security. The Committee also notes that, as announced in the previous report, the extension to men with family responsibilities of the parental leave already granted to women has come into force.

2. With regard to equality in access to employment, the Committee notes the information supplied by the Government in its report, and in particular that the President of the National Labour Office sent a letter on 19 November 1996 to local labour offices recalling the prohibition of discriminatory practices in the presentation of job offers and ordering the reorganization of clients' reception desks so that no separate reception desks exist for men and for women. It also notes that the staff of labour offices receive training, organized by the National Labour Office, with a view to learning techniques for negotiation with employers in order to convince them not to submit job offers which specify the sex of applicants. The Committee asks the Government to provide a copy of the letter of the President of the National Labour Office together with information on developments as regards the percentage of job offers mentioning a preference for one or other sex.

3. The Committee notes that, according to the Government, although there is discrimination on the part of labour offices in access to employment and occupation with regard to persons belonging to ethnic, religious or linguistic minorities, it occurs only occasionally (it could indicate but one case in seven years). It asks the Government to provide a copy of the decision handed down by the National Labour Office on an appeal against a ruling on a complaint lodged against a head of a local labour office alleging discrimination on grounds of religion.

4. Lastly, in the absence of a reply to the following points which it raised in its previous comments, the Committee again asks the Government to provide:

(a) information on the creation of any rapid procedures for consultation and dispute settlement in the event of dismissals of pregnant women and women on parental leave in order to prevent the spread of this phenomenon on the pretext of economic grounds, and on the results obtained;

(b) information on individual sanctions incurred by journalists for violation of the obligation laid down in section 18(2) of the Act of 29 December 1992 on radio and television to respect the public's religious sensitivities and, in particular, the system of "Christian values", and on the provisions ensuring that journalists with other religious beliefs have the same access to jobs in the media as journalists with Christian beliefs; and

(c) a copy of the relevant implementing texts of the Act of 2 December 1994 eliminating "civic behaviour" from the criteria for recruitment into the civil service and of the text amending the Order of the Council of Ministers of 8 December 1982 concerning training and job evaluation for civil servants.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided in the Government's report.

1. The Committee notes that recent amendments made to the Labour Code (which came into force on 2 June 1996) include the introduction of provisions laying down equality between men and women (section 11.2) and non-discrimination on a number of grounds, including sex (section 11.3), as constituting basic principles of labour law, and that these principles are applicable to collective agreements, and to all rules, regulations and statutes determining the rights and responsibilities of parties to employment relationships. The Committee requests the Government to furnish copies of the fully amended Labour Code in due course.

2. The Committee notes that, although the amendments to the Labour Code have decentralized the wage regulation system, the legislation requires that remuneration be determined not only in accordance with the above-mentioned basic principles of equality, but also with reference to the kind of work performed, the skills required for its performance and the quality and quantity of work (section 78). The Committee also notes with interest from the Government's report that, in practice, public and private enterprises determine minimum rates of remuneration based on different methods of job evaluation, using as criteria for the differentiation of posts and wages, the factors of complexity of the work (including educational and professional qualifications and the need for innovation), the level of responsibility (including responsibility for the safety of other workers and contacts with external units), the arduousness of the work (physical, mental, psychoneurotic effort, including monotony) and working conditions. According to the report, the greater reliance on job assessment in classifying manual and clerical work is producing a more objective relationship between all of the posts in an enterprise, including between posts occupied by men and women, and is influencing the equalization of wages between the industrial and service industries. The decreasing role of the mining industry (dominated by men who receive relatively high wages) and the increasing role of the manufacturing and service industries (dominated increasingly by women) have also, according to the report, favoured an equalization of wages between men and women, although it is still the case that wage differentiation persists in particular sectors where female employment is exceptionally high and where remuneration is low, such as in publicly funded services - including health, education and the public administration. In its comments concerning the reasons for the current wage differentiation, the Government refers to the fact that women undertake lighter jobs than men in manual work. While noting that great efforts have obviously been made to ensure that gender-neutral factors are used in job evaluation schemes, the Committee observes that, in general, the factors used in job evaluation schemes often tend to favour one sex and the factors which are likely to be present in the jobs undertaken mainly by women are sometimes omitted and, therefore, not valued, as for example, the skills and responsibility necessary to care for patients or young children, organizational skills, communication and human relations skills and manual dexterity. Accordingly, the Committee asks that the Government consider the possibility of examining the job evaluation schemes in operation to ensure that the factors used capture all of the different aspects inherent in the work undertaken by both sexes. Please indicate whether, in addition to those services funded by the State, the "budgetary sphere" (referred to in the report) also encompasses such of those services which have now been privatized.

3. The report refers to a method of wage fixing for the state budgetary sphere, determined through the Act of 23 December 1994 on financial resources for wages in the state budgetary sphere (Official Bulletin of 1995, No. 34, Text No. 163). It is described as an attempt to counteract the tendency for low wages in that sector by instituting a tripartite mechanism for fixing average wages, which takes account of expected changes in the price of goods and services and of changes in the wages paid in enterprises. The Committee requests the Government to provide information on the extent to which this method has improved the level of wages in the state budgetary sphere and to furnish a copy of the legislation, which was not received with the Government's report.

4. The Committee notes that, in the lowest wage group, women outnumbered men in 1994 on a ratio of 1.5:1, which represented an improvement over the situation in 1991-92, when the ratio was 2:1. In addition to women's employment being exceptionally high in particular sectors where the wages are relatively low, the Government indicates that the difference between men's and women's wages results also from the nature of the work performed by men and women. It also states that the number of women employed in managerial posts is lower, mainly because women are reluctant to undertake jobs that require long hours or demand a high level of responsibility. The report also cites other factors that contribute to the wage differential, including women's shorter period of professional work (which results from the possibility of earlier retirement), their work intervals stemming from maternity leave, their choice of less intense and less arduous professions, and women's less frequent availability for overtime or additional work. The Government acknowledges that in order to counteract the wage differential, particular activities to promote women into better paid areas and posts are required. It points out in this respect that, as women's lower wage levels determine the level of their social benefits (such as pensions), their situation in life is maintained at a weaker level, even after retirement.

5. The Committee has emphasized frequently that a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100. Most of the obstacles to equal remuneration, to which the Government refers, come within the scope of Convention No. 111 (ratified by Poland) and some others concern also Convention No. 156 (not ratified). Accordingly, the Committee hopes that the Government will consider how it might improve the application of this Convention through the implementation of measures which, though related to Convention No. 100, fall within the scope of other ILO instruments. The Committee would be grateful if the Government would continue to provide information indicating the measures being taken to reduce the wage differential between men and women.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the reply, including the statistical data in the annual reports (1994 and 1995) of the Commissioner for Civil Rights Protection, to its previous comments concerning the functions of the Ministry for Family and Women's Affairs, and vocational training and the placement of handicapped workers.

1. With reference to its previous comments, the Committee notes that the draft amendments to the Constitution have not yet been finalized and could undergo substantial changes. It asks the Government to keep it informed of any developments in this respect but wishes already to note that the draft of new section 22 determining the grounds for proscribed discrimination is in keeping with Article 1, paragraph 1(a), of the Convention. The Committee therefore hopes that this text will be adopted.

2. The Committee notes that the amendments to the Labour Code, referred to in previous comments, were adopted on 23 November 1995 and were due to enter into force in the second half of 1996. Noting that the Government had indicated that the amendments were to extend the two days' parental leave per year already granted to women taking care of a child under 14, to men, it being understood that the entitlement is granted to only one of the parents when both are workers, the Committee asks the Government to provide a copy of the relevant provision on parental leave in the Code, as amended.

3. Further to its previous comments on dismissals of pregnant women and women on parental leave, as a result of the reorganization of the labour market, referred to in the 1994 annual report of the Commissioner for Civil Rights Protection, the Committee notes the statistical information from the 1993 inspection report. Noting, as does the Government, that the number of cases involving breach of the law on the protection of the employment relationship of such women is insignificant (1 per cent of the complaints, according to the inspection report), the Committee would nevertheless encourage the Government to be more vigilant in preventing the spread of such a phenomenon on pretext of economic grounds. It would suggest, in particular, the creation of rapid procedures for recording cases and for resolving them, and asks the Government to provide information on the results of any measures adopted to this end.

4. The Committee notes with interest, in connection with Article 3(a) and (e), that in order to counteract discriminatory practices observed in recruitment arising from the fact that establishments have full freedom in recruitment, labour offices now have certain obligations including appropriate efforts in the presentation of job offers. The Committee also notes that labour offices have been called on to apply the principle of non-discrimination to jobseekers with respect to access to vacant posts and training. It asks the Government to give, in its next report, more precise details on the guidance given to this end and to supply a copy of any relevant texts.

5. In its earlier comments on cases of direct and indirect discrimination in employment in the public sector on the basis of political opinion, which had given rise to decisions by the High Administrative Court, the Committee recalled that under Article 3(d) of the Convention, the Government must pursue the national policy of promoting equality in respect of "employment under the direct control of a national authority", and asked the Government to indicate how it applied this policy in respect of employment under its control particularly in the light of the decisions of the High Administrative Court. The Committee notes with interest the information supplied by the Government on the adoption of the Act of 2 December 1994 amending Act No. 136 on Civil Servants, which eliminates "civic behaviour" from the criteria for recruitment into the civil service. Moreover, the Government indicates that it is preparing texts to implement this Act, as well as a draft amendment to the Order of the Council of Ministers of 8 December 1982 concerning induction training and job evaluation for civil servants. The Committee would be grateful if the Government would provide a copy of these texts with its next report.

6. The Committee again asks the Government to provide the information it requested previously concerning the practical consequences of the requirement in section 18(2) of the Act of 29 December 1992 on radio and television that the media must respect the public's religious sensitivities and, in particular, the system of "Christian values", under penalty of sanctions the maximum of which is withdrawal of their licence. It asks the Government to specify the sanctions that would apply individually to journalists employed by the media if they violated the above obligation of the law and to indicate how it ensures that journalists with other religious beliefs have the same access to jobs in the media as journalists with Christian beliefs.

7. The Committee notes that, according to the 1995 report of the Commissioner for Civil Rights Protection, representatives of ethnic, religious or linguistic minorities have reported discriminatory treatment. The Government is asked to indicate in its next report whether such unequal treatment affects employment and occupation, within the meaning of the Convention, and to keep the Committee informed of any measures that have been taken or are envisaged to avoid such situations.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the information it contains in answer to its previous direct request.

1. The Committee recalls that Act No. 214 of 16 September 1982 on the staff of state administrative bodies provides, in section 3(4), that persons may work for a public service only if they demonstrate, by their good citizenship, that they will properly discharge the duties of a worker of a state administrative body of a socialist country, and that section 13 of the Order of the Council of Ministers of 8 November 1982 on the administrative application and appraisal of professional skills of public servants provides that "good citizenship" is to be taken into account in performance appraisals. The Committee notes that, according to the Government, in 1994 inter-ministerial consultations were held on a draft amendment and it was decided that a text would be submitted to Parliament under the emergency procedure provided for in the Constitution. The Committee notes therefore that Act No. 214 is still in force. In this connection, it points out that in judgement No. 759/90 of 20 November 1990 (point 4 of its observation), the High Administrative Court stressed the importance of the principle of equality in access to employment in the public service and its conformity with the national Constitution, and that international Conventions take precedence over national legislation. The Committee asks the Government to indicate how it is ensured that the legislative provisions currently in force governing the employment of state employees, are applied in accordance with the Convention, and to provide a copy of the amendments as soon as they have been adopted.

2. Further to its previous comments concerning Acts Nos. 273, 176 and 167, which have been recently repealed, the Committee would be grateful if the Government would provide information on any compensation which is envisaged for victims of previous acts of discrimination based on political opinion, for loss of employment or other related benefits.

3. With regard to the vocational training and placement of workers with disabilities, pursuant to the Act of 9 May 1991 on employment and vocational rehabilitation of the disabled, the Committee takes due note of the information in the report and asks the Government to provide statistics on this subject in its future reports.

4. With regard to publicising the principles of the Convention, the Committee notes the Act on radio and television of 29 December 1992. It asks the Government to indicate the measures taken to promote equality of opportunity and treatment in employment and occupation, particularly by means of educational programmes, and to ensure the collaboration of employers' and workers' organizations and other non-governmental bodies.

5. With regard to the requirement that the media must "respect the public's religious sensitivities and, in particular, the system of Christian values", laid down in section 18(2) of the above Act, under penalty of a heavy fine and the possible non-renewal or withdrawal of their licence, the Committee would be grateful if the Government would specify the sanctions that would apply individually to journalists employed by the media if they violated the above legislative obligation, and if it would indicate how it ensures that journalists with different religious beliefs have the same access to jobs in the media as journalists with Christian beliefs.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the appended documents.

1. Further to its previous comments concerning the draft amendment of the Labour Code, the Committee notes that, according to the Government, this reform is a long term one since the national labour legislation has to be adjusted to a market economy and international obligations concerning the regulation of industrial relations. According to the report, the reform prohibits all discrimination in industrial relations based on sex, age, race, nationality, religious and political opinion, and trade union membership. The Committee notes that the draft amendment has been before Parliament since May 1994 and asks the Government to provide a copy of the text as soon as it has been adopted.

2. With regard to the draft Constitutional Acts submitted to the Constitutional Commission, the Committee notes that they have been discussed in the framework of the said Commission. The Committee asks the Government to keep it informed of any developments in this respect.

3. The Committee takes note of the report of the activities undertaken in 1992 by the Commissioner for Civil Rights. It notes in particular that the cases submitted to the Commissioner refer to discrimination based on sex in employment and occupation, at the time of recruitment and during employment. The Committee also notes two communications addressed by the Commissioner to the Minister of Labour in 1993 reporting discrimination against women in employment, particularly massive layoffs by enterprises undergoing restructuring, which first and foremost affect working mothers (who accounted, in September 1993, for 53 per cent of the unemployed), and discrimination by employment agencies based on age and sex particularly with regard to posts in the public administration. The Commissioner suggests that an anti-discrimination clause should be included in the Labour Code and that two days' parental leave per year should be granted to male workers to put them on an equal footing with women workers who already have this entitlement. The Committee notes that in its replies, the Government recalls the fundamental principle of a free labour market, but considers it necessary for the draft amendments to the Labour Code to be adopted since they would enable equality in employment to be promoted in many respects. It also indicates that job offers must be drafted in accordance with section 11(2) of the Employment and Unemployment Act of 16 October 1991 which ensures equal treatment for jobseekers by employment agencies. The Government states that this provision will be examined in the forthcoming legislative reform but that, given the present state of the labour market, more protective regulations would not necessarily guarantee the application of these principles in practice.

With regard to termination of employment, the Committee notes with interest that, in its report, the Government recalls that under section 177(1) of the Labour Code it is not permissible to terminate a woman worker's contract of employment without notice while she is pregnant or on maternity leave, irrespective of the grounds for such termination. The only exception is where termination is necessary due to the liquidation or bankruptcy of the enterprise. In such cases the enterprise must reach agreement with the trade union on the termination procedure. With regard to child-care leave, the Committee notes that the Government refers to section 41 of the Labour Code under which contracts of employment may not be terminated while a worker is on leave, including child-care leave, except in the event of liquidation or bankruptcy, or for other reasons in the event of massive layoffs or individual terminations, if the trade union does not oppose such termination. The Committee would be grateful if the Government would provide a copy of the report of labour inspections concerning the situation created by the restructuring of the Polish economy.

Since the revision of the Labour Code is still pending, the Committee draws the Government's attention to the importance of ensuring by law the principles of non-discrimination contained in the Convention. It also recalls that under Article 2 of the Convention the Government must declare and pursue a national policy to promote equality with a view to eliminating all discrimination based on sex, race, colour, religion, political opinion, national extraction or social origin. The Committee urges the Government in its next report to provide detailed information on the measures taken or envisaged in this respect (other than section 11 of the Act of 16 October 1991 on equal treatment in job placement) particularly for women's access to employment and vocational training and guidance, at the time of recruitment and during the employment relationship.

4. In its previous comments, the Committee asked the Government to provide copies of the decisions of the High Administrative Court which concerned direct or indirect discrimination in employment. The Committee has learned of the decisions handed down in 1990 and 1991 in favour of people who had taken legal action for discriminatory dismissal in the public sector. The Committee notes, in the arguments of the High Court in judgement No. 759/90 of 20 November 1990, that the supplementary provision enabling a public employee to be dismissed on "other significant grounds" (section 1(1) of the special regulations of 13 July 1990 concerning government employees, which were in force from 1 August 1990 to 31 January 1991), must be interpreted in accordance with the national Constitution and, more particularly, with the civil rights and freedoms which, in the view of the High Court, must be strengthened and developed. It should be noted that the administrative authorities' interpretation of this provision was deemed by the High Court to be arbitrary and ultra vires.

The Committee recalls that under Article 3(d) of the Convention, the Government must pursue the national policy to promote equality, referred to in Article 2, in respect of "employment under the direct control of a national authority". The Committee would therefore be grateful if the Government would state in its next report how it applies this policy in respect of employment under its control, particularly in the light of the judgements of the High Administrative Court.

5. With regard to the vacant post of Government Plenipotentiary for Women and Family Affairs, and the functions attributed to its Office, the Committee notes from the report that no decision has been taken on this matter and that the Office's main attributions concerned international cooperation with regard to the family, young people and women. The Committee asks the Government to keep it informed of developments in this situation which is of major importance, particularly as, according to the statements made by the National Commission of NSZZ Solidarnosc which the Committee commented on previously, female workers especially those with family responsibilities or who take child-care leave, have become a group which is vulnerable to dismissals (see point 3 above).

6. The Committee is addressing a request directly to the Government on a number of other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information and statistical data supplied by the Government in its report.

1. The Committee notes that the Constitution provides that women and men shall be paid according to the principle of "equal pay for equal work", and that the Labour Code, as amended in 1991, provides that employees shall receive remuneration for their work in accordance with its nature, quantity and quality.

The Committee thus notes that no reference is made in the Constitution, legislation or regulations to the principle of equal remuneration between men and women for work of equal value. It requests the Government to give consideration to including such a reference in future revisions of legislation or regulations. The Committee would be grateful if the Government would indicate the steps it has taken to apply the principle contained in the Convention through laws, regulations, wage-fixing machinery or collective agreements, and to supply copies of any such texts.

2. The Committee recalls that enterprises are responsible for determining the classification of workers. The Committee notes from the Government's report that state and private enterprises apply scales of work rates based on job evaluations using analysis and points or summary methods. The criteria reported to be used are: work complexity (skills), responsibility, arduousness of work (physical, mental and psychoneurological effort) and working conditions. The Committee asks the Government to provide information on the practical application of the job evaluations including the weighting of the criteria used and the effect, if any, on wage rates of posts held predominantly by women. Please also indicate whether the above-mentioned job evaluation methods and criteria are uniformly used in enterprises throughout the country, and if not, what efforts are being undertaken towards that end.

3. The Committee notes from the detailed statistics supplied by the Government that despite some progress in the equalization of women's remuneration levels as compared with those of men, the overall ratio of women to men is approximately 2 to 1 in the lowest wage groups, and approximately 1 to 3.5 in the highest wage groups. It further notes that women are least represented at the highest levels in the blue-collar posts. The Committee requests the Government to indicate the measures being taken to encourage the promotion of women into higher paying-level posts through activities such as training, retraining, women in management programmes, and occupation diversification programmes.

4. The Committee would appreciate receiving information from the Government on any policies which have been adopted, or national machinery which has been established, to promote equality of women, particularly as concerns their position in the labour market and remuneration levels.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes with interest the information supplied by the Government in reply to its earlier query, to the effect that Acts Nos. 273 of 18 December 1982, 176 of 21 July 1983 and 167 of 25 July 1985 are no longer in force and their provisions are no longer applied. The Committee requests the Government to provide information on any measures of restitution contemplated or taken to compensate victims of previous acts of discrimination based on political opinion for loss of employment or other related benefits.

2. The Committee notes that no information has been provided on the revision of Act No. 214 of 16 September 1982 on workers of state administrative organs. It once again hopes that its previous comments will be taken into consideration in the revision and requests the Government to supply a copy of the text upon its adoption. The Committee recalls that it had previously asked the Government to indicate the measures taken to ensure that the political opinions of workers are not taken into account in connection with employment and the appraisal of skills in the public service under section 13 of the Order of the Council of Ministers of 8 November 1982. The Committee reiterates this request.

3. In its previous comments the Committee had noted that Part 3, section 8, of the Act on Employment dated 29 December 1989 imposes the duty on employment services to provide assistance to all jobseekers regardless of nationality, membership of political or social organizations, sex, religion or any other such considerations. It again requests the Government to provide information on the measures taken to ensure that discrimination does not exist on any of the grounds set out in Article 1, paragraph 1(a), of the Convention, including national extraction, race and colour in the placing of persons in employment and vocational training and to indicate the measures taken in the placement services to promote equality on all the grounds in accordance with the provisions of the Convention.

4. Further to its previous comment, the Committee requests the Government to provide information on the implementation of the training and placement programmes set up for the disabled pursuant to the Act of 9 May 1991 on Employment and Vocational Rehabilitation of the Disabled as well as Part 5 of the Act on Employment, dated 29 December 1989.

5. Further to point 6 in its observation, the Committee requests the Government to provide copies of newly adopted legislative texts, including the Law on Radio Broadcasting and Television of February 1993, which may have a direct or indirect bearing on the application of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied in the Government's report and attached documentation, in reply to its previous comments.

1. The Committee notes the Government's statement that a draft amendment of the Labour Code has been elaborated by the Committee for the Reform of Labour Law, in cooperation with the Ministry of Labour and Social Policy, and that particular attention was paid in the elaboration of the amendment to ensuring that the Labour Code would be in conformity with the requirements of international labour standards. According to the Government, the draft amendment will be subject to inter-ministerial consultation and will be sent for comment to trade unions and employer organizations prior to submission to the national parliament. The Committee would be grateful if the Government would continue to provide information on the adoption of the draft amendment to the Labour Code and on the future work of the above-mentioned Committee. It trusts that the Labour Code, as amended, will give full effect to the provisions of the Convention.

2. Noting that a draft Rights and Freedom Charter has been elaborated and submitted to parliament, the Committee requests the Government to supply a copy upon its adoption. The Committee also recalls that work had been undertaken on the revision of the Constitution. It requests the Government to provide information on the revision process and continues to hope that the revised Constitution will be in full conformity with the provisions of the Convention.

3. The Committee notes the activities undertaken in 1990 and 1991 by the Office of the Commissioner for Civil Rights Protection concerning the protection of the principle of equality of opportunity and treatment in employment and the Commissioner's work in handling various individual cases alleging discrimination on grounds of sex, religion and political opinion. In particular, the Committee notes with interest that, in regard to cases concerning dismissal of teachers or educational administrative staff based on political grounds, the Commissioner emphasized the inappropriateness of any criteria of evaluation and employment of people in education, other than their professional and ethical qualifications and found criteria of philosophy of life or political opinions to be irrelevant. The Committee requests the Government to continue to provide information on these activities, including copies of the detailed annual reports and other materials prepared by the Commissioner for Civil Rights Protection.

4. The Committee would be grateful if the Government would supply copies of court decisions, in particular those of the High Administrative Court, concerning cases in which direct or indirect discrimination in employment or occupation has been alleged.

5. The Committee takes note of the Government's statement that on 28 February 1992 the Government Plenipotentiary for Women and Family Affairs was dismissed and her office is being reorganized. The Committee also takes note of the comments of the National Commission of NSZZ Solidarnosc on the Polish Government's report submitted in 1992 under Article 19 on Convention No. 156, which state that female workers with family responsibilities have become a group particularly vulnerable to dismissals, most notably amongst them single female workers with family responsibilities and those on child-care leave. The Committee accordingly requests the Government to provide information on the measures taken to reorganize the office of the Plenipotentiary and to appoint a new Plenipotentiary. It also requests the Government to provide full details on the measures taken to ensure the effective promotion and implementation of a national policy on equal opportunity and treatment between women and men in access to vocational training, access to employment and to particular occupations, terms and conditions of work and security of employment. It further requests the Government to provide information on the grounds upon which pregnant women and women on child care leave may be dismissed from their employment.

6. Noting the work in progress on the elaboration of legislative texts, the Committee once again requests the Government to supply copies of legislative texts upon their adoption and to provide information on the national policy pursued, in the framework of the institutional and economic changes taking place, to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour, religion, political opinion, national extraction or social origin. In this context, please indicate the steps taken to promote equality of opportunity and treatment: (a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority; (b) through legislation and educational programmes; and (c) through collaboration with the employers' and workers' organizations and other non-governmental bodies.

7. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes from the Government's report that as a result of legislative amendments (abrogation of the Act of 26 February 1982 on socio-economic planning and consequent repeal of the Ministerial Order respecting job evaluation (Text No. 355, D.U. No. 61/90)) the legislation now in force provides for enterprises to carry out independently pay policies as well as determine the classification of workers according to the nature, quantity and quality of the work and the conditions prevailing in the enterprise. (Text No. 407, D.U. No. 69/90.) The Committee has also noted that according to the article enclosed with the Government's report ("Pay Equality of Women and Men in Poland" by Dr. Z. Czajka) the physical effort involved in work appears to be an important factor in differentiating wages between women and men.

The Committee requests the Government to indicate the measures taken to ensure that individual enterprises evaluate, describe and grade jobs according to criteria that take into account those factors most prevalent in the work done by women. Bearing in mind that only work of the same kind can be compared comparatively by the standards of quantity and quality, the Committee also asks the Government to specify more fully the criteria relied upon to compare the requirements of different work undertaken by women and men in the same enterprise. In regard to these questions, the Committee requests the Government to indicate whether the provisions to introduce uniformity into methods of job evaluation, as described in the Government's previous report, continue to be applied. (viz. Regulation No. 29 of the Minister of Labour, Wages and Social Affairs of 11 April 1987 (Text No. 2, D.U. No. 1/87).)

2. The Committee requests the Government to continue to provide information concerning trends in the male/female earnings differential.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. With reference to its previous direct request, and further to its observation, the Committee notes the work in progress on the elaboration of the new Constitution and labour legislation. It also notes the adoption of numerous legislative texts mentioned in the reports of the Government. It again requests the Government to continue to provide information on the national policy pursued, in the framework of the institutional and political changes taking place in Poland, to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.

2. Further to its previous direct request, the Committee again requests the Government to indicate the legislative texts which have repealed or amended the previously referred to provisions contained in Acts Nos. 273 of 18 December 1982, 176 of 21 July 1983 and 167 of 25 July 1985 and in regulations of 1982 concerning appraisal of personnel of state institutions, relating to the dismissal of workers from employment, restrictions on access to new employment and on the suspension and exclusion of students, the suspension and dismissal of teachers and the termination of duties of persons exercising responsibilities in establishments of higher education.

3. The Committee notes that work is under way to revise Act No. 214 of 16 September 1982 on workers of state administrative organs. It hopes its previous comments will be taken into consideration in the revision and asks the Government to supply a copy of the text upon its adoption. The Committee recalls that it had previously asked the Government to indicate measures taken to ensure that the political opinions of workers are not taken into account in connection with employment and the appraisal of skills in the public service under section 13 of the Order of the Council of Ministers of 8 November 1982 on the administrative application and skills appraisal of public employees. The Committee again requests the Government to provide the above information.

4. The Committee notes the information supplied in reply to its request concerning the criteria and procedures for the selection of personnel for supervisory and management functions in public administration and requests the Government to continue to supply information on any relevant changes concerning these matters.

5. The Committee notes that Part 3, section 8, of the Act on Employment, dated 29 December 1989, imposes the duty upon employment services to provide assistance to all jobseekers regardless of nationality, membership of political or social organisations, sex, religion, or any other such considerations. It requests the Government to provide information on the measures taken to ensure that discrimination does not exist on any of the grounds set out in Article 1, paragraph 1(a), of the Convention, including national extraction, race and colour, in the placing of persons in employment and vocational training and to indicate the measures taken in the placement services to promote equality on all of these grounds in accordance with the provisions of the Convention.

6. The Committee notes with interest the adoption of the Act of 9 May 1991 on Employment and Vocational Rehabilitation of the Disabled as well as Part 5 of the Act on employment, dated 29 December 1989, concerning the promotion of occupational activities for the disabled. It requests the Government to supply information on the progress made in the application of these provisions and the results achieved in terms of implementing programmes for training and placing of disabled persons.

7. The Committee notes that no information was received in reply to its previous requests asking for comprehensive information on the measures taken to promote equality of opportunity and treatment in the fields covered by the Convention. It once again asks the Government to supply full particulars on the action taken and results achieved with regard to:

(a) access to training;

(b) access to employment and to different occupations;

(c) conditions of employment.

The Committee would appreciate such information more particularly with regard to the relative position of men and women and with regard to the various groups of Polish citizens of non-Polish origin (to which the Government referred in its statements to the Committee on the Elimination of Racial Discrimination).

In this context, please indicate the steps taken to promote equality of opportunity and treatment:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and educational programmes;

(c) through collaboration with employers' and workers' organisations and other non-governmental bodies.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in the Government's report in reply to its previous comments.

1. The Committee notes with satisfaction the elimination of political criteria as a basis for the appointment or removal of judges, pursuant to the amendement of the Act of 20 June 1985 respecting the system of courts by Act No. 138 of 14 March 1990; the amendment of the Act of 20 September 1984 respecting the Supreme Court by Act No. 153 of 2 May 1990; and the adoption of Act No. 435 of 20 December 1989 respecting the National Judiciary Council. The Committee also notes with satisfaction that section 13 of Act No. 435 sets out a period of time for the nomination of judges who had previously been deprived of their positions on account of political opinion or activity and who met the necessary qualifications.

2. The Committee also notes with satisfaction the adoption of the Act of 9 March 1990 to amend the Act on State Enterprises (No. 122) which establishes fundamental changes in the principles governing selection of candidates for director's posts including the elimination of the political character of competition committees.

3. The Committee notes that work continues on the elaboration of new labour legislation. The Committee recalls that, in previous reports, the Government had referred to the setting up of a national committee for the revision of labour legislation and of a group of experts to examine the conformity of the legislation with international labour standards relating to the protection of human rights. It also recalls the indications given by the Government regarding the revision of the Constitution, due to be completed in 1991.

The Committee would be grateful if the Government would continue to provide information on the work of the above-mentioned Committees and on the progress concerning the elaboration of the new Constitution and new labour legislation. It continues to hope that the Constitution and labour legislation, when adopted, will give full effect to the provisions of the Convention.

4. The Committee notes the activities undertaken by the Office of the Commissioner for Civil Rights Protection, established in 1987, particularly in its protection of the principle of equality in terms and conditions of work and its protection of women's right to employment and equality. It notes that in the area of labour law and social services the Commission assists workers by instituting individual and collective proceedings and lodging, when necessary, motions to the Constitutional Tribunal and the Supreme Court. The Committee requests the Government to continue to provide information on these activities including copies of the detailed annual reports prepared by the Commissioner for Civil Rights Protection.

5. The Committee notes with interest the adoption of Resolution No. 53/90 of the Council of Ministers dated 2 April 1991 respecting appointment of the Government Plenipotentiary for Women and Family Affairs whose main tasks, among many, are to initiate and coordinate activities aimed at women's equality in all spheres of life. It would be grateful if the Government would supply information on the scope and nature of activities carried out by the Plenipotentiary and the results achieved.

6. The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest, from the detailed report supplied in reply to its previous request, that the Government has taken measures to implement job evaluation systems with a view to promoting the principle of equal pay for work of equal value. It notes in particular the Act of 17 June 1988, amending the Act of 26 January 1984 on the principles to be applied in establishing pay systems in enterprises; and the Act of 31 January 1989 on the financial means for remuneration in the budgetary, or public, sphere (replacing Order No. 49 of 10 February 1987, to which reference was made in the Committee's previous request).

In this connection it notes the statement in the report that job evaluation is carried out in accordance with uniform principles, resulting in a uniform table of basic pay.

The Committee also notes from the report that statistical data on the impact of the job evaluation scheme on pay should shortly become available, and it hopes the Government will communicate this information with its next report, along with information on any further developments.

2. The Committee also notes from the report that women's wages are lower than men's wages, as a high percentage of women are occupying low-paying jobs. It notes the statement that the data available confirm that the difference in wages of men and women results from the character of the work performed. The Committee recalls the basic principle of equal pay for work of equal value, and requests the Government to keep it informed in future reports of the evolution of women's and men's wages in this connection.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its observation, the Committee has noted the various steps currently being taken with a view to a revision of the Constitution and national legislation. It requests the Government to provide information on the national policy pursued, in the framework of the major institutional and political changes now taking place in Poland, to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin. Please provide copies of any specific texts defining this policy.

2. In previous comments, the Committee had referred to various provisions contained in Acts Nos. 273 of 18 December 1982, 176 of 21 July 1983 and 167 of 25 July 1985 and in regulations of 1982 concerning appraisal of personnel of State institutions, relating to the dismissal of workers from employment, restrictions on access to new employment and on remuneration of workers who had been summarily dismissed, the suspension and exclusion of students, the suspension and dismissal of teachers, and the termination of duties of persons exercising responsibilities in establishments of higher education. It notes from the Government's report for the period ending 30 June 1988 that the provisions in question had ceased to have effect or had been replaced by other legislation substantially different in content. It requests the Government to indicate the new legislative texts which have brought about these changes and to provide copies thereof.

3. The Committee has noted the indications provided by the Government on texts now in force with respect to persons employed in public organs and institutions. It notes:

(a)that, under section 3(4) of Act No. 214 of 16 September 1982 on workers of State administration organs, a person may become a public employee only if, by his attitude of good citizen, he guarantees the proper performance of the tasks of a worker of the State administration organ of the socialist State;

(b)that, under section 13 of the Order of the Council of Ministers of 8 November 1982 on the administrative application and skills appraisal of public employees, "the attitude of good citizen" is also to be taken into account during the appraisal of skills;

(c)that, under section 35 of Act No. 122 of 25 September 1981 on State enterprises, in the selection of managers of such enterprises account is to be taken of the moral and social attitude of candidates; moreover, the selection committees are to comprise (inter alia) representatives of political parties.

The Committee requests the Government to indicate the measures taken in regard to the above-mentioned provisions to ensure that the political opinions of workers are not taken into account in connection with employment and the appraisal of skills in the public service.

4. The Committee notes the statement in the Government's report that Resolution No. 247 of 5 November 1973 of the Council of Ministers concerning the staff reserve for managerial posts in the State administration and the national economy lost its force in 1983 by virtue of Resolution No. 108 of 25 August 1983 of the Council of Ministers, and that the creation of a staff reserve aims at the selection of the most able workers and their preparation for advancement through adequate skills development.

The Committee requests the Government to indicate any further developments regarding the criteria and procedures for the selection of personnel for supervisory and management functions in public administration, institutions and enterprises, and to provide copies of any new legislative provisions regarding these matters.

5. The Committee notes the information provided by the Government to the Committee on the Elimination of Racial Discrimination (document CERD/C/SR.836 of 18 August 1989) regarding the establishment in 1986 of a Constitutional Court to rule on the conformity with the Constitution of laws and other legislative texts adopted by State agencies (including questions of discrimination), the widening of the competence of the Supreme Administrative Court and of ordinary courts, and the creation in 1987 of the office of Spokesman for Civic Rights.

The Committee requests the Government to provide information, in future reports, on the activities of the above-mentioned organs as regards matters having a bearing on the implementation of Convention No. 111.

6. For a number of years, the Government's reports have not provided comprehensive information on the measures taken to promote equality of opportunity and treatment in the fields covered by the Convention. The Committee accordingly requests the Government to supply particulars of the action taken and the results achieved, more specifically with regard to:

(a) access to training;

(b) access to employment and to different occupations;

(c) conditions of employment.

The Committee would appreciate such information more particularly with regard to the relative position of men and women and with regard to the various groups of Polish citizens of non-Polish origin (to which the Government referred in its statements to the Committee on the Elimination of Racial Discrimination).

In this context, please indicate the steps taken to promote equality of opportunity and treatment:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and educational programmes;

(c) through collaboration with employers' and workers' organisations and other non-governmental bodies.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has taken note with interest of the information supplied by the Government in its reports, as well as the indications provided to the Conference Committee in 1989 regarding the application of Convention No. 87.

The Committee notes with satisfaction that an Act of 24 May 1989, as amended by Act of 7 December 1989, provides for reinstatement of persons dismissed since August 1980 on account of their political opinions, religion, trade union membership or trade union or self-management activities, and that an Amnesty Act of 29 May 1989 not merely granted amnesty, but expunged all convictions, inter alia, on account of protest actions committed after 31 August 1980.

The Committee has also noted the adoption on 7 April 1989 of the Act on Associations, which guarantees to all citizens, irrespective of their opinions or their religion, equal rights to participation in public life and to expression of their opinions.

The Committee has noted the setting up of a national committee for the revision of labour legislation and of a group of experts to examine the conformity of legislation with international labour standards relating to the protection of human rights. It has also noted indications furnished by the Government to the Committee on the Elimination of Racial Discrimination (document CERD/C/SR.836 of 18 August 1989) regarding the revision of the Constitution, due to be completed by 1991.

The Committee recalls that, in previous comments, it had referred to certain provisions which mentioned ideological and moral attitude or socio-political commitment among the qualifications required for certain employments and permitted the exclusion of a worker or student from his job or studies for offences the determination of which fell outside the normal rules of labour law and disciplinary law.

The Committee expresses the hope that the work now in progress with a view to the revision of the Constitution and legislation will make it possible to give full effect to the Convention, with due regard to a number of questions raised in a direct request which the Committee is addressing to the Government.