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

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

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

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

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

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

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność”, received on 1 September 2022, as well as the reply of the Government, received on 2 November 2022.

Article 2 of the Convention. Consultation procedures. In its previous comments, the Committee requested the Government to provide an evaluation of the effectiveness and impact of the Social Dialogue Council (SDC) Act with respect to the matters covered by the Convention. In this regard, the Committee notes the Government’s indication that, pursuant to section 87 of the SDC Act, the members of the SDC evaluated the functioning of the provisions of the Act and submitted recommendations for modifications to the President of the Republic of Poland, which were included in the draft amendment to the SDC Act. In its report, the Government indicates the adoption of the SDC Act of 15 June 2018, amending the SDC Act with a view to increasing the organizational autonomy of the SDC. The Committee observes that some of the amendments introduced are related to the composition of the SDC. In this regard, section 26(3) as amended provides that the workers’ and the employers’ sides of the SDC shall have an equal number of representatives, not more than 25 each; and section 26(4)(a) establishes that where it is not possible to establish an equal number of representatives for each of the organizations whose representatives represent the workers’ or employers’ side in the SDC, each side to the SDC may establish a different number of representatives for each of the organizations whose representatives represent the workers’ or employers’ sides in the SDC, the difference being not more than one.

The Committee further notes that the Government indicates that the methods of appointment of members of different teams within the SDC, including the Team for International Affairs, are established in the SDC Regulations. Pursuant to section 18 of the Regulations, permanent and ad hoc teams are appointed by a resolution of the SDC, which specifies the tasks of the team, its composition or the method of determining its composition. According to section 18(3) of the Regulations, the team’s chairperson is alternately a representative of the workers or the employers in the SDC. The term of office of the team’s chairperson is four years. Lastly, the Committee notes that Solidarność indicates that workers’ and employers’ organizations freely choose their representatives in the SDC, including with regard to experts that participate in ad hoc thematic groups within the SDC.

Article 5(1). Effective tripartite consultations. The Committee notes the Government’s indication that tripartite consultations have been held within the tripartite Team for International Affairs of the SDC (SDC-TIA) on matters related to agenda of the International Labour Conference, and the submission of Conventions and Recommendations to the competent authority (Article 5(1)(a) and (b) of the Convention). Regarding the latter, the Government indicates that members of the SDC-TIA are informed about the commencement of the submission procedure and the planned course of action, and subsequently, information is exchanged in writing to enable the participation of other social partners experts in the given topic that might not be members of SDC-TIA. Moreover, copies of the draft reports on ratified and non-ratified Conventions to be sent to the ILO per articles 22 and 19 of the ILO Constitution are sent to the social partners for their observations (Article 5(1)(d) of the Convention). The Committee requests the Government to continue to provide detailed information on the content and the outcome of the tripartite consultations held on each of the international labour standards matters covered by Article 5(1) of the Convention.

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

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

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

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

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

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

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the observations of the Employers of Poland (EP), received in September 2014, supported and endorsed by the International Organisation of Employers (IOE), and the information provided by the Government in reply to these observations. The Government indicates that the reports on the implementation of all ILO Conventions ratified by Poland are sent to the members of the Tripartite Commission Team for the Cooperation with the ILO before being submitted to the ILO (Article 5(1)(d)). The EP indicates that public consultations conducted by the Government in certain situations fall short of the effectiveness criterion as they provide few days deadline for submitting opinions and remarks. For large organizations with complex structures, such as the EP, taking a stance on such short notice is not feasible. The Government indicates that consultations stipulated in Article 2 of the Convention are carried out within the Tripartite Commission Team for Cooperation with the ILO. The Team meets at least once a year. In the periods between meetings, the consultation are held in writing either with the members of the Team or – for more important matters such as the composition of the social partners’ delegations to the International Labour Conference or the ratification of ILO Conventions – with the representatives of the organizations of employers and workers. The Committee invites the Government to submit information on the content, frequency and outcome of the consultations held on the matters concerning international labour standards. It also invites the Government to provide information on any developments concerning the procedures which ensure effective consultations with respect to the matters set out in Article 5(1) of the Convention.

Article 1. Representative organizations. In its observations, the EP refers to national legislation and to the obligation to conduct activity in more than half of the total number of sections of the Polish Classification of Activities (PKD). Recent years have shown that this criterion, however, does not prevent obtaining representativeness by industry organizations. Thus, in the EP’s opinion, this criterion is not in line with the provisions of the Convention on “the most representative organizations”. The Government indicates that the criteria for recognizing an employers’ organization as representative are objective and measurable. The motions for stating representativeness are lodged by employers’ organizations every four years. It adds that, in a particular case, although an organization was recognized by a Polish court as representative within the meaning of the Act on Tripartite Commission, the organization in question did not apply for membership either in the Commission or in its task teams, including the Team for Cooperation with the ILO. The Committee invites the Government to provide information on any developments in this respect.

Article 4(2). Training. The EP states that the obligation contained in Article 4(2) of the Convention is not met because the Government does not fund training for persons involved in the consultative procedures, certainly not for representatives of employers’ organizations. The Government indicates that, until now, the social partners had not informed the Government about their training needs on participation in consultations relating to international labour standards. However, the Government took steps in the past to enable the financing of necessary training within, for example, the Operational Programme Human Capital 2007–13. The Government adds that financing of training activities will also be possible under the EU financial perspective 2014–20 in the framework of the Knowledge Education Development Operational Programme. The Committee recalls that, where training for participants of consultations proves necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (see General Survey concerning the tripartite consultation instruments, 2000, paragraphs 125 and 126). The Committee invites the Government to provide information on any arrangements made in order to provide training to the participants in the consultative procedures.

Article 6. Annual report. In its observations, the EP indicates that it does not have knowledge whether the Government prepares annual reports on the operation of the procedures. The Committee recalls that while Article 6 does not impose an obligation to issue an annual report, it does require tripartite consultations to be held on whether or not such a report should be issued. The Committee invites the Government to provide information on any developments in this respect.

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

Article 5, paragraph 1, of the Convention. Tripartite consultations required under the Convention. In its reply received in August 2008 to the 2006 direct request, the Government indicates that, due to the political situation in Poland in August and September 2007, all the representative organizations with the exception of “Solidarnosc” suspended their participation in the work on the social agreement, which included a programme for the revision of Polish law and practice. However, during the meeting of the Tripartite Commission Team for Cooperation with the ILO in April 2008, it was decided to continue the work of reviewing unratified Conventions. Analysis of the conformity of Polish law and practice with each Convention will be undertaken by the Ministry of Labour and Social Policy. The decision to initiate a ratification procedure will be taken following consultations on the results of the re-examination with the members of the Tripartite Commission Team for Cooperation with the ILO. The Committee also notes the information concerning the consultations held within the Tripartite Commission Team for Cooperation with the ILO on the prospects of ratifying the Instrument of Amendment of the ILO Constitution of 1997, the Private Employment Agencies Convention, 1997 (No. 181), the Maritime Labour Convention, 2006, and on the denunciation of the Underground Work (Women) Convention, 1935 (No. 45). Following these consultations, proposals were approved by the social partners such that Convention No. 181 and the Instrument of Amendment of the ILO Constitution were ratified, and Conventions Nos 45 and 96 were denounced. Poland intends to ratify the Maritime Labour Convention, 2006, before the end of 2010. The Committee notes with interest the information provided and invites the Government to continue to keep it informed of the content and scope of the tripartite consultations held on the matters set out in the Convention during the period covered by the next report.

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

Tripartite consultations required by the Convention. The Government indicates in its report received in September 2006 that a programme to review Polish law and practice has been established for 2004-08 by the Team of the Tripartite Commission for Cooperation with the ILO, and that it may lead to the ratification of Conventions. It notes that the above Team discussed the matter of a ratification programme at its meeting of 21 June 2006 and that it is planned to include the ratification of certain Conventions in the collective agreement currently under negotiation between the Government and the social partners. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held, in particular in the Team of the Tripartite Commission for Cooperation of the ILO, on each of the subjects listed at Article 5, paragraph 1, of the Convention, and particularly on the ratification of Conventions (Article 5, paragraph 1(c)).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

In the report received in September 2004, the Government mentions the setting up in November 2001 of the Tripartite Commission for Social and Economic Affairs, which today is the main forum for social dialogue. The Committee notes with interest that, by resolution of 13 December 2002, the Tripartite Commission, after consultation of the representative organizations, set up a permanent team for cooperation with the ILO which began its activities on 30 April 2003. The Government indicates in its report that this team must in particular be consulted on matters covered by the Convention. It requests the Government to continue to provide information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, during the period covered by the report, specifying the nature of any reports or recommendations resulting from these consultations. It also requests the Government to indicate whether the representative organizations were consulted with regard to the production of an annual report on the working of the procedures covered by the Convention and, if so, to state the results of these consultations (Article 6 of the Convention).

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

Further to its previous comments, the Committee notes the information contained in the Government’s latest report concerning the application of Articles 5 and 6 of the Convention.

1. Article 5, paragraph 1, of the Convention. The Committee notes that, during annual sessions of the Polish Tripartite Committee for Cooperation with the ILO, its members are informed on questionnaires, draft documents and other material received by the Government from the Office, as well as on submissions of Conventions and Recommendations, their ratification and denunciation. In order to allow it to appreciate fully the effect given to this provision of the Convention, the Committee requests the Government to provide further information on the contents of the consultations held during the period covered by the next report on the issues set out in paragraph 1, including indications of the nature of any reports or recommendations made as a result of the consultations. In this regard, the Committee wishes to draw the Government’s attention to the fact that certain subjects (replies to questionnaires, submissions to the competent authorities, reports to be presented to the ILO) require annual consultations, while others (re examination of unratified Conventions and Recommendations, proposed denunciation of ratified Conventions) require less frequent examination.

2. Article 6. According to the Government’s report, notes are made on each session of the Polish Tripartite Committee for Cooperation with the ILO, which are communicated to the members of the Committee and may be considered as a specific annual report on the activities of the Tripartite Committee. Please provide a summary of the notes made as a result of the Tripartite Committee sessions held during the next reporting period. If these notes do not refer to procedures, the Committee, recalling that Article 6 refers to the working of the procedures provided for in the Convention, invites the Government to indicate if it has held or plans to hold consultations with the representative organizations on this question.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information supplied in reply to its previous direct request. It notes the information on the meetings of the Tripartite Committee for Cooperation during the period covered by the report and observes that, among others, the work dealt with the items entered on the agenda of the International Labour Conference and on the participation of the Polish delegation at the sessions of the Conference. The Committee requests the Government to supply detailed information in its next report on consultations undertaken on each of the matters set out in Article 5, paragraph 1, of the Convention. It also requests it to provide information on progress in the consultations regarding the possibility of producing an annual report on the working of the procedures provided for in the Convention (Article 6).

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

The Committee has noted the Government's brief report and the information which it provides in response to the previous direct request. The Committee would like once again to emphasize to the Government the need to provide information on the effect given to each provision of the Convention, in accordance with what is asked for in the report form prepared for this purpose by the Governing Body. In addition, the Committee requests the Government to provide, in its next report, additional information on the following points:

Article 2 of the Convention. The Government indicates that the work of the Tripartite Committee for Cooperation is conducted according to customary rules and that the decisions resulting from the consultations undertaken are adopted by consensus or by a vote. The Committee requests the Government to describe the procedures in question and to specify how they guarantee effective consultations, as provided for in paragraph 1 of this Article.

Article 5. The Committee has noted the information on the meetings of the above Committee during the period covered by the report. It notes that the meetings have focused on the issues appearing on the agenda of the International Labour Conference and on the participation of the Polish delegation in sessions of the Conference. The Committee hopes that in future the work of the above Committee might focus on the other issues laid down in paragraph 1 of this Article and in section 5 of Ordinance No. 1 of 6 January 1990.

Article 6. According to this provision, the Government is obliged to hold consultations on the need to produce an annual report on the working of the procedures provided for by the Convention. The Committee requests the Government to indicate whether such consultations have been undertaken within the Tripartite Committee for Cooperation. If not, they should be undertaken as soon as possible and information provided on the results obtained.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the Government's first report. It notes the information contained in the report concerning the Polish Tripartite Committee for Cooperation. It notes that this body, which was established prior to the ratification of the Convention by Regulation No. 1 of 6 January 1990, is entrusted with responsibility, among other matters, for examining the questions enumerated in Article 5, paragraph 1(a), (b), (c) and (d), of the Convention; that employers' and workers' organizations are represented on it on an equal footing, in accordance with the requirements of Article 3, paragraph 2; and that the frequency of its meetings complies with the provisions of Article 5, paragraph 2. The Committee also notes that, in conformity with Article 4, paragraph 1, the Ministry of Labour and Social Policy is responsible for the administrative support of the procedures and the operating cost of the Committee.

2. The Committee wishes to draw the Government's attention to the need, in order to enable the supervisory bodies to ensure the application of the Convention, to supply the Office with all the information required under the report form prepared for this purpose by the Governing Body. It emphasizes in particular the need to provide detailed information on a regular basis on: (i) the precise objective of the tripartite consultations held during the period covered by the reports, on each of the matters set out in Article 5, paragraph 1, of the Convention; (ii) the frequency of the consultations; and (iii) the nature of any recommendations made by the Tripartite Committee for Cooperation.

3. Furthermore, the Government is asked to provided further information in its next report on the following points:

Article 2. Please provide a copy of the text issuing the rules respecting the work of the Tripartite Committee on Cooperation which, by virtue of section 5 of Regulation No. 1 of 6 January 1990, govern the procedure for the adoption of decisions as a result of the consultations held in the Committee.

Article 4. Please provide information on any appropriate arrangements that have been made with the representative organizations, as envisaged in paragraph 2, for the financing of any necessary training of participants in the consultation procedures covered by the Convention, the necessity of which was emphasized in the national seminar on tripartite consultation held in 1991. Where appropriate, please give a description of such arrangements.

Article 6. Please indicate whether an annual report on the working of the consultation procedures was produced or whether it is planned to produced one. If not, the Government is requested to hold the consultations envisaged under this Article on this matter in the near future and to provide the Office with information on these consultations.

Points III, IV, V and VI of the report form. The Committee would be grateful if the Government would provide the information requested when any new development occurs relating to these points.