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

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Poland (Ratification: 1977)

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

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes the Government’s indication that a new draft law on minimum remuneration is presently before Parliament providing for minimum wage levels to be negotiated within the Tripartite Commission for Socio-Economic Issues which was set up in 2001. The Committee requests the Government to furnish a copy of the statutory instrument establishing the said Commission and to supply additional information on the mandate and composition of the Commission, especially in respect of the participation on a basis of complete equality of employers’ and workers’ representatives in the operation of the minimum wage fixing system. The Committee also asks the Government to provide a copy of the new legislation on minimum remuneration as soon as it is adopted.

Article 5, in conjunction with Part V of the report form. The Committee notes that the amount of the national minimum wage was last revised by Ministerial Ordinance of 22 December 2000 (Dziennik Ustaw No. 121, Text 1308) and is now fixed at 760 zlotys per month. It also notes that, according to 2001 statistics, some 225,000 persons among those employed in enterprises with more than nine employees were remunerated at the minimum wage rate. Furthermore, the Committee notes the statistical data provided by the Government regarding the number of inspections carried out in agricultural enterprises in 2001, the number of infringements reported and the amount of fines imposed. The Committee requests the Government to continue supplying all available information concerning the application of the Convention in practice, in particular the evolution of minimum wage rates and the criteria taken into consideration in determining minimum wage levels, the number of agricultural workers, as a proportion of the total workforce in this sector, affected by minimum wage decisions, and the scope and results of enforcement measures relating to minimum wage laws and regulations.