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

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

Article 3(2) and (3) of the Convention. Consultations with social partners. The Committee notes the Government’s indications regarding the evolution of the national minimum wage from 2007 to 2012. It also notes that the minimum wage is currently set at 1,500 zloty (PLN) (approximately €366) per month which represents 42 per cent of the national average wage. The Committee understands that, contrary to the practice followed between 2003 and 2009, when the Tripartite Commission on Socio-Economic Issues increased by consensus the minimum wage each year, in 2010 and 2011 no consensus could be reached and, therefore, the Government unilaterally revised the minimum wage level. The Committee also understands that concerns have been raised about the lack of social dialogue, and also about the current level of the minimum wage and that a civic legislative initiative has been launched seeking to amend the Minimum Wage Act and permanently fix the minimum wage at 50 per cent of the national average wage. Recalling the importance that it attaches to the principle of full consultation and direct participation of social partners in the minimum wage fixing process, the Committee requests the Government to indicate how it ensures that, even in the absence of a tripartite agreement, the views of the social partners are duly taken into consideration thus permitting consultations to have some influence on the final decision concerning the revision of the national minimum wage. It also requests the Government to keep the Office informed of the outcome of the legislative initiative for the amendment of the Minimum Wage Act.

Article 3(4). The binding force of minimum wages. Further to its previous comment on this point, the Committee notes the Government’s explanations regarding section 6(2) of the Minimum Wage Act which allows the remuneration of first-time employees, regardless of their age, to be up to 20 per cent lower than the statutory minimum wage. The Government indicates that the principal reason for the use of the “seniority” or length of experience criterion is to reduce unemployment in the youngest age group (persons aged from 15 to 24) which remains high. The Committee understands that the question of differentiated minimum wage for those entering the labour market gives rise to considerable political debate with at least one parliamentary initiative aiming at amending the relevant provision of the Minimum Wage Act. The Committee requests the Government to indicate whether any studies have been carried out regarding the impact of that measure on youth unemployment levels and, if so, to transmit copies of any relevant documents. It also requests the Government to keep the Office informed of further developments concerning the outcome of the parliamentary initiative for the repeal of section 6(2) of the Minimum Wage Act.

Article 5 and Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning inspection visits and penalties imposed for non-payment of the statutory minimum wage in 2008–10. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including the approximate number of workers remunerated at the minimum wage rate, copies of relevant reports or surveys used as a basis for discussion at the Tripartite Commission on Socio-Economic Issues, and labour inspection results concerning compliance with the minimum wage legislation.