Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Pologne (Ratification: 1993)

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.