Employment Policy Convention, 1964 (No. 122) - Poland (Ratification: 1966)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations made by the Independent and Self-Governing Trade Union “Solidarność”, received on 1 September 2022. The Committee also notes the Government’s reply to these observations, received on 2 November 2022.

Articles 1 and 2 of the Convention. Active employment policy and labour market measures. The Committee notes the adoption of Poland’s Recovery and Resilience Plan (RRP) in 2021 in the framework of the European Union (EU) Plan “NextGenerationEU” providing funds to EU Member States to implement ambitious reforms and investments. Poland’s RRP includes a strong combination of reforms addressing bottlenecks to lasting and sustainable growth, and investments targeting at decarbonising the Polish economy, accelerating the digital transition and reinforcing Poland’s economic and social resilience. According to information available in the European Commission website, the green transition and digital transformation of the economy are at the core of the RRP’s policy response, representing 42.7 per cent and 21.3 per cent of the RRP’s investment streams and reforms, respectively. The RRP include measures that aim at improving the resilience of the labour market by, inter alia, improving the quality and adequacy of the functioning of labour market institutions, reaching out to and activating older workers or people from disadvantaged groups through upskilling and reskilling programmes, contributing to improving the labour market participation of women, and introducing incentives to remain active in the labour market after reaching the statutory retirement age. The RRP also includes a number of relevant measures to improve the business environment and investment climate. While noting the comprehensive reforms and measures envisaged in the RRP, the Committee recalls that the national employment policy shall take due account of mutual relationships between employment objectives and other economic and social objectives (Article 1(3) of the Convention). In this regard, the Committee wishes to recall also that, as a set of policies that have an impact on labour markets, employment policies not only include classical labour market and skills policies, but also sectoral, macroeconomic, investment, enterprise, social protection and other economic and social policies. Governments need to monitor all these policy areas together to genuinely understand their impact on employment creation and seek to ensure coordination across the various ministries involved. In the current times made of transformation and labour market transitions, governments, together with the social partners, need to analyse the impact of the drivers of the future of work (such as digitalization, structural shifts in labour markets, labour market transitions and gender impacts of automation) on social justice and how integrated employment policies can be harnessed to participate to this objective.

Furthermore, the Committee notes the approval of the 2022/2023 National Reform Programme (NRP) on 26 April 2022, in the framework of the economic and budgetary policy: the “European Semester”. The NRP envisages the adoption of measures to ensure effective institutions for the labour market, such as introducing new or improving the existing support instruments, reaching the inactive, supporting lifelong learning and improving the competences of public employment services (PES). Moreover, the Government refers to the implementation of the Operational Programme Knowledge Education Development (OP KED) and regional operational programmes (ROP) with the support of the European Social Fund (ESF). The OP KED focuses on the integration in the labour market of young people, vocational education and training and on participation of women in the labour market. The Government reports that the implementation of a set of measures is also envisaged to modernize the PES related to raising competences and lifelong learning, such as expanding the labour offices’ offer to include new groups of clients (including jobseekers and employees), and introducing a lifelong learning voucher, a partially redeemable education loan as well as a new apprenticeship formula. In addition, measures have been taken to promote the participation in the labour market of persons with family responsibilities, including providing assistance for childcare to parents and carers of children under the age of three, and grants to employers hiring unemployed carers of persons with disabilities. Changes to the National Training Fund are also planned, including extending the access to the National Training Fund to self-employed and persons working under civil law contracts. Lastly, the Government reports that the draft Labour Market Act was not adopted and that a draft Act on professional activity has been prepared in order to replace the 2004 Act on Employment Promotion and Labour Market Institutions (hereinafter the 2004 Act).

The Committee also notes that, in its observations, Solidarność reiterates that, while the implementation of the employment policy has improved, more efficient measures are needed notably as regards adopting more effective legislative action and allocating greater financial resources to the Labour Fund dedicated to the professional activation of the long-term unemployed. It stresses the need to identify the skills demands of the labour market to ensure adequate industry training and observes that, under the new legislative reform, the obligation of developing a National Programme for Employment will be removed. In this regard, the Government observes that the National Programme will be replaced by the Public Employment Service Development Plan, which will be consulted with the Labour Market Council. It also indicates that the demands of the labour market are analysed by the Occupational Barometer and the Polish labour market forecasting system. With regards to the professional activation of the long-term unemployed, the Government indicates that they constitute one of the priority groups of labour offices, that the number of registered long-term unemployed is taken into consideration in the distribution of Labour Fund resources among the district labour offices and that a new proposed legislation will enable the transfer of larger amounts of resources to district labour offices where there is a high proportion of long-term unemployed. The Government further reports that, at the end of 2021, 9,300 long-term unemployed were registered in the labour offices. In 2021, 74,400 long-term unemployed benefited from active forms of support (non-subsidized work, internships or vocational training) and represented 26.7 per cent of the total activated unemployed. The Committee invites the Government to supply in its future reports details on how it prioritizes and tackles the above-mentioned challenges provoked by the transformations taking place in the world of work and labour market transitions at the national level, including in the framework of the Recovery and Resilience Plan (RRP), such as information on how the challenges associated to work on digital platforms have been addressed. It requests the Government to continue providing updated detailed information on the impact of the measures that are being taken to support the objectives of the national employment policy, including newly adopted laws and regulations adopted in the future, such as the Act on professional activity, as well as of the measures taken to promote the integration of the long-term unemployed in the labour market.

Employment trends. The Committee notes that the Government indicates that, despite the negative impact of the COVID-19 pandemic, the labour market trends remained stable thanks to the support measures taken to address its impact. The employment rate for persons aged 15 to 64 increased from 67.4 per cent in 2018 to 70.3 per cent in 2021 (63.8 per cent for women and 76.8 per cent for men), the economic activity rate increased from 70.1 per cent to 72.8 per cent (66.1 per cent for women and 79.5 per cent for men). The unemployment rate slightly decreased from 3.9 per cent to 3.4 per cent. The Committee requests the Government to continue to provide detailed information, including updated statistics, disaggregated by sex and age, on the situation and trends of the labour market in the country, including information on employment, unemployment and visible sub-employment.

Workers under self-employment, civil law and fixed-term contracts. The Government indicates that the practice of concluding civil contracts with persons who are in fact in an employment relationship is subjected to fines ranging from 1,000–30,000 Polish Zloty (PLN). It adds that compliance with laws and regulations concerning the employment relationship is ensured through the National Labour Inspectorate (NLI) and the existence of an employment relationship can be asserted and recognized in court. Nonetheless, the Government indicates that the specific characteristics of the operation of some sectors and the need of certain employers, may justify the use of civil law contracts, the application of which requires complying with the minimum wage established and ensuring safe and healthy working conditions. The Committee also notes the Government’s indication the draft act amending the Labour Code envisages the introduction of changes to the provisions on fixed-term employment contracts, such as the employer’s obligation to indicate the reason justifying the termination of these contracts and to notify in writing the company’s trade union. Solidarność maintains that, despite the reduction of the abusive recourse to self-employment, civil law contracts and fixed-term contracts, there is still a high level of use of such contracts. The Committee further notes that Solidarność emphasizes once again the need for adopting legislative changes to promote the strict regulation, supervision and control of the operations of private employment agencies. Solidarność reiterates its concern that often private employment agencies are unprepared organizationally and lack the appropriate competencies. The Government indicates that private employment agencies need to meet certain requirements to be registered in the Register Employment Agencies. It adds that private employment agencies are regulated under the Entrepreneurs’ Law of 6 March 2018 and that no new legislative measures have been adopted in this regard. Therefore, a fixed-term employment contract remains the employment form of temporary workers used by private employment agencies (Act on the Employment of Temporary Workers of 2013). Those performing such work under civil law contracts are also covered by the definition of temporary work and the time limits established in the legislation for temporary arrangements. The Committee invites the Government to provide information on the scale of the use of civil contracts and on whether and how the labour inspectorate is given the necessary means to monitor the application of the national legislation, combat misclassification of contracts and ensure that they are not used to mask the identity of an employer actually directing and monitoring the working activity in a way that is incompatible with the worker’s declared independent status. It also requests the Government to provide information on the status of the draft act amending the provisions of the Labour Code related to fixed-term contracts. The Committee further requests the Government to provide statistical information on the types of contracts (permanent, fixed term,self-employed) prevalent in the labour market.

Migrant workers. The Committee notes the adoption of the Act on assistance to Ukrainian citizens on 12 March 2022 and its subsequent amendments of 8 April 2022, which include measures to enable Ukrainian citizens which left the country in the context of the extremely difficult situation in the country since 24 February 2022 to access the Polish labour market and enhance their professional activation and social integration, including by: (i) introducing the possibility of registering with the labour offices and receiving assistance; (ii) taking up legal employment with no additional permits; and (iii) financing Polish language courses as well as the costs of the procedure to recognize the completion of studies. The Government reports that, in April 2022, over 20,000 unemployed Ukrainian citizens were registered with the labour offices, representing two per cent of the total number of registered unemployed. The Committee also notes the Government’s indication that the interminesterial Team for Migration adopted the document “Polish migration policy – diagnosis of the initial state”, which became the basis for the draft document “Poland’s Migration Policy – Action Directions for 2021–2022”. During the preparation of the document, public consultations were held, including with All-Poland Trade Unions Alliance (OPZZ). However, according to information available in the Government’s website, the work on the draft Policy was suspended due to the rapid changes taking place in Poland’s environment, affecting the characteristics of migration movements. For its part, Solidarność emphasizes the lack of a migration policy in the country and expresses a number of concerns regarding the amendments to the Law on Foreigners related to counteracting illegal employment and ensuring that migrants workers enjoy equal treatment with respect to working conditions and remuneration. In its reply, the Government indicates that, according to new rules introduced in the employment of migrants on 29 January 2022, employers cannot employ migrant workers at a wage lower to the one that it would be paid to Polish citizens performing the same job. The Government adds that it envisages adopting a new Act on the Employment of Foreigners, which will aim to reduce administrative barriers, streamline procedures related to the employment of migrants and preventing abuses against them. The Committee takes due note of the measures taken and envisaged in relation to migrant workers’ access to the national labour market and requests the Government to continue to provide information, including statistical data disaggregated by age and sex, on the nature, scope and impact of the measures adopted for the use of the labour potential of persons with a migration background, including Ukrainian citizens, to help them integrate sustainably into the labour market.

Persons with disabilities. The Committee notes the detailed information provided by the Government on the measures taken to promote employment of persons with disabilities, including in the framework of the OP KED (such as the implementation of new support tools for persons with disabilities and the development of assisted employment) and the ROPs (measures related to active integration, social services and the social economy). The Government reports the implementation until August 2023, under the OP KED, of the project “High Quality Policy for the Social and Professional Inclusion of People with Disabilities”. The project includes measures aimed at supporting employers in adapting employment, recruiting and maintaining employment for persons with disabilities; and supporting persons with disabilities in taking up employment, including the transition between social and vocational rehabilitation, and starting a business activity. The Government also indicates that, under the ROPs, a wide range of services are provided to persons with disabilities, such as personal assistance services, to support their participation in social, professional and educational areas. The Government adds that with the support of the ESF, jobs are created in social enterprises for persons with disabilities. The Government reports that, under different professional activation projects, including the OP KED, support was provided to over 15,000 women with disabilities and 13,400 men with disabilities and nearly 4,100 received support in entrepreneurship under the ROPs. The Committee wishes to highlight that employment placement services play a central role in promoting employment opportunities, especially for jobseekers who face particular obstacles in finding a job. The role of placement services and their strengthening in assisting persons with disabilities to enter the labour market has increasingly been the focus of growing attention globally. Inclusive employment placement services can support both employers and people with disabilities and include providing information on job vacancies, assessing the professional aspirations and skills of jobseekers, matching jobseekers to available jobs or referring them for further training, if needed. They can be a core part of a solid policy framework with a sound operational strategy backed by legislation, where necessary. To be effective and efficient in this respect, employment services need to form linkages with other government ministries and agencies at a policy level, to ensure that obstacles which persons with disabilities may face are minimized, and that the skills which they offer are relevant to labour market opportunities. Partnerships with disability organizations can help to reach out persons with disabilities and provide them with the necessary support, and can also assist employers and training organizations to implement reasonable accommodation. The Committee requests the Government to continue to provideupdated detailed information, including statistical data disaggregated by sex and age, on the nature and the impact of the specific measures taken to promote employment opportunities for persons with disabilities in the open labour market. It requests the Government to supply all relevant information on how the challenges associated with the placement of persons with disabilities are addressed, including measures taken at the inter-ministerial coordination level and in coordination with organizations of persons with disabilities.

Older workers. The Government indicates that, between 2019 and 2021, the economic activity rate of persons aged over 50 increased from 59.2 per cent to 64.6 per cent, and the employment rate from 57.5 per cent to 63.1 per cent, while the unemployment rate decreased from 2.8 to 2.4 per cent. The Government indicates, however, that these ratios are still lower than the European Union average. The Committee notes the information provided by the Government on the measures taken to promote employment among older workers, including the provision of wage subsidies and the exemptions from the payment of social contributions for companies employing persons older than 50. Moreover, older workers are identified as a priority group in employment programmes and services for unemployed. The Government points out that the activation of persons over 50 remains difficult due to the low occupational and geographical mobility of this group. The Government reports that, in April 2022, persons over 50 represented 26.7 per cent of the unemployed registered and 15.8 per cent of activated unemployed after joining active programmes. The Committee takes due note of this information and observes in this respect that such measures often include addressing discrimination in employment on the basis of age by taking measures, such as legislation preventing age discrimination and public-awareness campaigns, to eliminate discrimination in the recruitment, promotion and training process, and in employment retention in collaboration and consultation with employers’ and workers’ representatives. In the same way, encouraging employer and worker representatives to jointly identify mechanisms to facilitate the retention and hiring of all older workers, including those in vulnerable situations, is a good practice. Employers can also be encouraged to constitute an age-diverse workforce through initiatives that provide guidance on issues such as promoting a sharing of knowledge and experience across different age groups and adjusting work responsibilities and working-time arrangements to the changing capacities of workers and their family responsibilities over their life course as well as to take account of improvements in the education, health and physical capacities of older workers. The Committee asks the Government to supply updated information on the nature, the scope and the impact of measures adopted or envisaged targeting older workers, with a particular focus on the older persons facing long-term unemployment.

Youth employment. The Committee notes the Government’s indication that the COVID-19 pandemic had the most profound impact on young people, often working based on easy-to-terminate employment contracts, and in sectors that were heavily affected by the social restrictions. The youth employment rate decreased from 31.7 per cent in 2019 to 27.3 per cent in 2021, while the youth unemployment rate increased from 9.9 per cent in 2019 to 11.9 per cent in 2021. The rate of young people not in employment, education or training (NEET) was 13.4 per cent. The Committee observes that the OP KED envisages the adoption of measures to enhance the possibilities of permanent employment for young people in difficult situations in the labour market and for young NEET, by improving their practical skills and work experience and increasing their level of entrepreneurship. The OP KED also offers support to young persons in building social competences to strengthen their employability through their participation in social activities carried out by non-governmental organizations for local communities, youth centers, and so on. The Government indicates that, in the framework of the OP KED, comprehensive and personalize support in the form of job placement, career counselling, training or subsidized employment was provided to 368,900 young women under the age of 30 and 289,000 young men, including over 234,300 long-term unemployed. The participants also received non-returnable financial support for setting up a business. In addition, the Government refers to the implementation of the programme “First Business-Support to Start” under the agreement concluded with Bank Gospodarstwa Krajowego, which grants preferential loans for starting a business and creating jobs for unemployed persons. The Committee requests the Government to continue to provide detailed updated information on the nature and the impact of the vocational education measures and active labour market policies targeted at young persons. It wishes to recall in this respect the existence of theYouthPOL database, an online inventory of current policies and legislation affecting youth employment and which provides policy makers, researchers and practitioners with relevant and up-to-date information on policy responses for youth employment and aims at contributing to the promotion of decent work for youth through the expansion and consolidation of the knowledge base on youth employment and legislation.

Article 3. Consultations with the social partners. The Committee observes that, according to the NRP report, the draft NRP 2022/2023 was submitted for consultation to workers’ and employers’ organizations. In its observations, Solidarność maintains that greater participation of the social partners should be ensured in the National Training Fund. The Government emphasizes in this respect that, in accordance with the 2004 Act, the tripartite Labour Market Council actively participates in setting the priorities for the allocation and the spending plans of the funds of the National Training Fund. The Committee recalls that the involvement of workers and employers in the design and implementation of employment policies is a key element to improve the design as well as the implementation of integrated employment policy frameworks. The Committee observes that social partners’ role is indeed vital as these actors rely on both their experience and practical understanding of the problems associated with work and business and can provide decision-makers with relevant information in the quest for decent employment creation. While most countries recognize the importance of the principle of social dialogue in employment policy formulation and implementation, having effective and institutionalized mechanisms in place guarantees an informed and effective dialogue on employment policy. It notes that, over the last years, with ILO support, a number of countries have thus gone beyond consultation to establish more deliberative and inclusive types of participation and have invited the most knowledgeable actors, including persons affected by the measures to be taken, to work together and jointly set the research agenda and then debate the options available for creating decent work. Another important element in this respect is to ensure active engagement and debate amongst stakeholders throughout the policymaking process as opposed to holding consultations only late in the formulation process to validate the proposed policy. The Committee therefore once again asks the Government to provide specific examples on the manner in which representative organizations of workers and employers and other stakeholders, such as representatives of the persons affected by the measures to be taken, are given the possibility to be consulted concerning the design and implementation of integrated employment policies so that their experience and views are fully taken into account with a view to securing their full cooperation and support for such policies.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the All-Poland Trade Unions Alliance (OPZZ), received on 31 August 2018, as well as the observations of the Independent and Self-Governing Trade Union “Solidarność”, received together with the Government’s report. The Committee also notes the Government’s reply to these observations, received on 22 October 2018.

Articles 1 and 2 of the Convention. Active employment policy and labour market measures. The Government refers in its report to a number of legislative amendments, including a series of amendments to the 2004 Act on the promotion of employment and labour market institutions (“the 2004 Act”). The Committee also notes the measures taken by the Government in its continuing efforts to improve the labour market situation, including targeted measures to promote employment for specific groups, such as young persons, older workers and the long-term unemployed. The Committee notes the measures taken through the adoption of the Act of 22 June 2017, amending certain acts in connection with the “For Life” programme to facilitate access to employment for persons caring for persons with disabilities. It notes, however, that no information is provided regarding measures taken or envisaged to promote access to vocational rehabilitation and employment on the open labour market for persons with disabilities themselves. The Government also refers to improvements made by the Ministry of Family, Labour and Social Policy to the Central Database of Job Offers. In its observations, while Solidarność recognizes the improved implementation of the policy to promote full and effective employment, it nevertheless stresses the need for faster and more effective legislative action. Solidarność also maintains that more financial resources should be allocated from the Labour Fund towards the professional activation of the long-term unemployed. In its reply, the Government reports that 67,997.2 Polish zloty (PLN) were allocated from the Labour Fund for the implementation of activation programmes for the long-term unemployed in 2018. Solidarność also refers to abuses in relation to self-employment, civil law contracts and fixed-term employment contracts. In its reply, the Government reports that the proportion of vacancies to be filled under civil law contracts in 2015–17 out of the total number of job vacancies remained stable at between 29 to 34 per cent. It adds that, in 2017, a 3 per cent decrease in this type of contract was observed. The Committee notes that civil law contracts which do not provide for certain employment benefits and offer less occupational safety and health protection than employment contracts could constitute an abusive practice. Solidarność further indicates that the Parliament is preparing a new Act, the Labour Market Act, to replace the 2004 Act. It expresses concern that the draft Act proposes the deletion of a number of employment activation measures, including profiling assistance for every unemployed person, employment vouchers, as well as the Activation and Integration Programme (PAI), which targets the most disadvantaged persons in the labour market. The Government, in its reply, indicates that these solutions were abandoned as they were unsuccessful or inflexible in practice, and therefore, new forms of employment support and job creation are being proposed in the draft Labour Market Act. The Government refers to the National Training Fund (NTF), which was established in 2014, in the framework of the “Europe 2020” Strategy, to support investment in human resources. It adds that, in 2017, NTF funds were used by public employment services (PES) to support 5,000 employers and over 100,000 employees. Solidarność recognizes that the NTF’s scope of activities has been extended and now enables greater engagement of the social partners. Responding to the Committee’s request for information regarding measures taken to facilitate workers’ transition from temporary to permanent employment, the Government indicates that the Act of 7 April 2017 amending the Act on hiring temporary workers and certain other acts, introduced changes aiming to support the transition to permanent employment by imposing limits for temporary work arrangements, as well as penalties for temporary work agencies and user enterprises who violate these limits. Solidarność, on the other hand, expresses concern that current policies facilitate the activities of employment agencies, including temporary work agencies, often leading to situations where these entities are unprepared organizationally and lack the appropriate competencies. Solidarność therefore stresses the importance of adopting legislative changes to promote the strict regulation, supervision and control of the operations of such agencies. In its response, the Government indicates that the National Labour Inspectorate supervises the operation of private employment agencies (PEAs) in accordance with the conditions set out in the 2004 Act, which also introduced two types of certificates entitling PEAs to provide: (a) job placement services and counselling; and (b) temporary work services. It also reports that protection of the rights’ of employees of temporary employment agencies is provided by the 2004 Act and the Act on the Protection of Employee Claims. The Committee notes that, in the second quarter of 2018, three temporary work agencies were removed from the employment agency register because they were in arrears with payment of their social insurance premiums. The Committee requests the Government to provide updated detailed information on the impact of its national employment policy, including of the measures taken to promote the integration of the long-term unemployed in the labour market. Recalling its 2012 comments, the Committee also requests the Government to provide information regarding the nature and impact of measures taken or envisaged to promote the employment of persons with disabilities and other disadvantaged groups, including those in rural areas and in the undeclared economy. Referring to its 2016 comments on the Private Employment Agencies Convention, 1997 (No. 181), notably regarding the use of civil law contracts instead of the appropriate employment contracts, the Committee requests the Government to provide information on the measures taken to regulate and supervise the operation of employment agencies and prevent abuses of workers in this respect (Article 1(1)(b) of Convention No. 181). It also requests the Government to communicate a copy of the new Labour Market Act once it has been adopted. Moreover, noting the proposed deletion of a number of employment activation measures, the Committee requests the Government to provide information on the reasons for the suppression of these measures and to provide information on alternative employment activation measures taken or envisaged.

Article 2. Employment trends. The Government reports that the labour market situation continued to improve during the reporting period, which it attributes to a favourable economic situation and labour office activities. The Committee notes that the employment rate for persons aged 15–64 increased from 62.9 per cent in 2015 to 66.1 per cent in 2017, while the unemployment rate decreased from 7.6 per cent in 2015 to 5 per cent in 2017. The registered unemployment rate fell from 9.7 per cent in 2015 to 6.6 per cent in 2017. The Committee requests the Government to continue to provide detailed information, including updated statistics, disaggregated by gender and age, on the situation and trends of the labour market in the country, including information on employment, unemployment and visible sub-employment.

Older workers. The Committee notes that the percentage of persons aged 45 and older among the registered unemployed increased from 32 per cent in 2013 to 36 per cent in 2017. The Government refers to a number of measures provided by PES to promote the employment of older persons, including the provision of financial support and encourage employers to recruit older workers. The Committee further notes the support provided to this group of workers through training courses and internships. The Government indicates that, in 2017, the Labour Fund allocated PLN458,752.5 to support the activation of persons aged 50+, with persons aged 45+ constituting the largest group among both employers and employees that benefited from the activities financed from the NTF. The Committee requests the Government to continue to provide information on the impact of the measures adopted to increase the employability of older workers and promote their integration and retention in the labour market.

Youth employment. The Committee notes with interest the improvement of the situation of young people in the labour market. It notes that the unemployment rate among persons aged 15–24 fell from 20.8 per cent in 2015 to 14.8 per cent in 2017, reaching a low of 11 per cent at the end of April 2018. Correspondingly, the employment rate of young people rose from 29.1 per cent in 2017 to 31 per cent in 2018. The Government refers to a series of active employment measures implemented to assist young people in entering the labour market, including measures aimed at reducing skills mismatches by providing young people with the qualifications or professional experience needed in the labour market, such as training courses and internships. The Committee notes that the revision of the 2004 Act introduced a series of new measures targeted at young people up to the age of 30, including settlement, employment, placement and training vouchers, as well as financial assistance to employers who hire such young persons, through the Labour Fund and the “Work for Young People” programme. In response to the Committee’s previous request regarding the relationship between measures aimed at increasing employment for young people and those focused on retaining older workers in the labour market, the Government indicates that the 2004 Act includes both groups in the category of those who are unemployed in a special situation in the labour market. They are therefore given priority in terms of employment services and benefits. While the Government indicates that it does not have precise studies indicating the degree to which implementation of the Youth Guarantee has contributed to improving the situation of young people in the labour market, it refers in its report to the significant decrease in unemployment rates for young people. The Committee requests the Government to continue to provide detailed information, including statistics disaggregated by age and sex, on the efforts made to improve the labour market situation of young persons, the results achieved and challenges encountered in implementing the youth employment policy objectives. The Committee requests the Government to continue to provide information on the contribution of the implementation of the Youth Guarantee to improving the situation of young people in the labour market.

Article 3. Consultations with the social partners. The Government reports that the tripartite Labour Market Council, established under the 2004 Act, enables the social partners to participate in setting the priorities for spending funds from the NTF reserve, and, thus, to decide on the allocation of funds to training for groups of employees, companies/industries or regions that are particularly in need. It adds that social partners participated actively in an assessment carried out to improve the functioning of the NTF and that the draft Labour Market Act includes new provisions aimed at improving the NTF and increasing the role of social partners in decision-making process regarding the allocation of NTF funding. In its observations, the OPZZ expresses concern regarding the lack of consultations in the area of migration policy. It indicates that, in March 2018, the Council of Ministers adopted a document entitled “Social-economic priorities of migration policy”, which provides that the new national migration policy must be adjusted to new labour market priorities and focuses on supplementing labour resources with persons from outside Poland, in professions which face skills gaps. The OPZZ maintains that the social partners were not consulted with regard to this policy. In its reply to the observations, the Government indicates that the document contains only the basic elements of the policy and that work on the Action Plan has not yet been completed, as the document is still being analysed by the relevant ministries involved in its development. The Committee reiterates its request that the Government provide specific information on the manner in which representative organizations of workers and employers and other stakeholders are consulted concerning active employment policies, and the manner in which their support is ensured in the development and implementation of such policies. It further requests the Government to provide information on any developments in relation to the migration policy, and to provide copies of any policy documents adopted in this area.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 26 August 2015 and the Government’s response thereon.

Articles 1 and 2 of the Convention. Active employment policy and employment trends. The Government reports on the 2014 amendments to the Act on employment promotion and labour market institutions, which modify the period of entitlement of unemployment benefits and introduce measures aimed at facilitating the return into the labour market of unemployed parents and caregivers of dependent persons. The Government also reports on the measures that have been implemented to improve the efficiency of employment services. The Government indicates that, within the framework of the National Action Plan for Employment 2012–14, measures were adopted to enhance public employment services for persons belonging to marginalized groups, including persons with disabilities, older workers and rural workers. In 2014, a total of 504,800 unemployed persons benefited from active labour employment measures, an increase of 6.1 per cent as compared to 2013. The Committee notes that the unemployment rate dropped from 13.4 per cent in 2012 to 11.5 per cent in 2014. According to EUROSTAT, the 2014 employment rate of the 20–64 age group was 66.5 per cent. The number of persons registered with the public employment service decreased by 14.7 per cent from 2014 to 2015. In its observations, Solidarnosc underlines the increasing number of workers employed through temporary employment agencies. In its response, the Government indicates that the Minister of Labour and Social Policy received reform proposals on temporary work. These proposals were analysed by an expert team composed of representative organizations. The Committee requests the Government to continue providing information on the impact of its national employment policy. Please also indicate how active labour policy measures have contributed to the creation of full and productive employment opportunities. Referring to its 2014 comments on the Private Employment Agencies Convention, 1997 (No. 181), the Committee requests the Government to provide information on the measures taken to facilitate workers’ transition from temporary to permanent employment.

Older workers. In its observations, Solidarnosc expresses its concern about the low employment levels of older workers. The Government indicates that within the last few years the number of older unemployed people registered in employment service offices has increased. Persons over the age of 50 represent 26 per cent of the total unemployed population. The Government indicates that to foster integration of older workers into the labour market, it offers financial assistance applied towards the payment of part of the older workers’ salaries. The Government adds that the National Training Fund has allocated resources for training programmes targeting employees over 45 years of age. The Committee requests the Government to provide more specific information on the impact of the measures adopted to increase the employability of older workers and to promote their integration into the labour market.

Youth employment. The Committee notes that, despite overall improvements in the labour market situation of the country, youth unemployment has continued to increase since 2010, when it was estimated at 25 per cent, to reaching the level of nearly 30 per cent in 2013. The problem of increasing youth unemployment has also been referred to by Solidarnosc. The Government indicates that, in the second quarter of 2013, close to 1,485,000 out of 5,224,000 persons within the 15–24 age group were active in the labour market, which accounts for only 28 per cent of all young persons in this age group. The Government reports on active employment measures to tackle youth unemployment, which include incentives to facilitate internships for young unemployed persons as well as support for young entrepreneurs. In its response to the observations of Solidarnosc on the youth unemployment problem, the Government underlines that the 2014 amendments to the Act on employment promotion and labour market institutions introduced measures to streamline employment services offered to persons under the age of 25, as well as exemptions in social security contributions of young workers. The Committee requests the Government to provide information on the impact of the measures taken to reduce youth unemployment, including an assessment as to how such measures have contributed to the creation of full, productive and freely chosen employment. Please also include available information on the relationship between measures aimed at increased employment for youth and those aimed at retaining older workers in the labour market.

Article 3. Consultation with the social partners. The Government indicates that the Act on employment policy and labour market institutions provides for the participation of the social partners in the Labour Market Council’s activities, which has replaced the National Council of Employment since 2014. It further indicates that the Council does not perform a supervisory role with regard to the labour market, but serves as an opinion-forming and counselling body of the Minister of Labour and Social Policy. The Government further explains that such changes have the aim to increase the role of the social partners in administrating the resources of the Labour Fund and in programming and monitoring labour market policy measures. The Committee requests the Government to provide specific information on the manner in which representative organizations of workers and employers and other stakeholders are consulted concerning employment policies and how their support is ensured in the formulation and implementation of such policies.

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

Employment trends and implementation of an active employment policy. The Committee notes the Government’s report received in August 2012 containing detailed replies to the points raised in the 2011 observation. It also notes the observations submitted by the Independent Self-Governing Trade Union “Solidarność” which were forwarded to the Government in September 2012. The Government reports that Poland, once the country with the highest unemployment rate in the European Union (EU), has become a country where the unemployment rate in 2009 is about the average for the EU-27. The Government indicates that the National Action Plan for Employment (NAPE) for 2009–11 determined that the main objective is to increase professional activation of Poles during the economic slowdown. It adds that the implementation of the NAPE for 2009–11 has helped mitigate the effects of the economic crisis on the labour market. The unemployment rate for the working age population (15–64 years) increased from 8.3 per cent in 2009 to 9.7 per cent in 2010, 9.8 per cent in 2011, and 9.9 per cent in April 2012. In late May 2012, the number of unemployed persons registered in labour offices reached 2,013,936, an increase of 2.6 per cent over one year. Over several years, the long-term unemployment rate decreased by almost half. In the 2003–06 period, every second unemployed person remained in the records for more than 12 months after registration. At the end of 2009, every fourth registered person remained without work for over a year. In 2010 and 2011, the rate increased to respectively 29.1 per cent and 34.7 per cent. The rate showed a downward trend at 34.5 per cent at the end of the first quarter of 2012. The Committee also notes that the NAPE for 2012–14 provides for the simplification of the procedures for running employment agencies while increasing the protection of their customers; the development of the cooperation system between local authorities and employment agencies in order to improve the efficiency and effectiveness of actions for the disadvantaged groups in the labour market. The Government further indicates that it aims to improve the quality of labour market services through mass training of staff of labour offices. As part of a training project, more than 2,300 employees of labour offices were trained and a second training programme will address the training needs of 940 counsellors of public employment services. The Committee notes the comments provided by Solidarność indicating that supervision over temporary agencies was limited and steps have been taken in order to lower professional qualifications of public employment services officers. Solidarność also suggests that the Government should take steps in order to cover the undeclared economy with the employment policy, as well as increase the amount of allocations for professional training. It adds that increased allocations should be directed towards the employment of vulnerable groups, such as unemployed women, young people, persons with disabilities, older workers, informal economy workers, migrants and farmers. The Committee invites the Government to provide information in its next report on the results achieved in implementing active employment measures to promote full employment and how these measures will translate into productive and lasting employment opportunities for the unemployed and other categories of vulnerable workers, such as older workers, persons with disabilities and workers in the undeclared economy.

Youth unemployment. The Government states that high unemployment among young people remains one of the most important problems in the Polish labour market. The following factors have a significant impact on the situation of young people: little work experience and professional qualifications in conjunction with high expectations often result in unemployment. As a consequence, young people are particularly vulnerable to the adverse effects of the economic crisis. The Committee notes that the unemployment rate of young people aged 15–24 increased significantly, from 20.7 per cent in 2009 to 25.8 per cent in 2011. In order to allow this group to supplement deficits in work experience and education, and to enable taking up first employment, the Government initiated activation programmes for people under 30 years of age. In total, activation measures under the professional activation programmes covered 50,616 people in programmes such as internships, general training and vocational training, entrepreneurship programmes and subsidized employment. The Government further reports that a pilot project called “Your Career – Your Choice”, initiated in 2012, forms an integral part of the programme “Youth in the labour market”. This project involves the development of a new path to deal with customers of labour offices who are under 30 years of age, so that immediately after registration in the labour office they are offered individual support and a package of training and employment vouchers. The Committee invites the Government to provide in its next report information on the measures to tackle youth unemployment and the effectiveness of the various measures implemented to promote the long-term integration of young persons in the labour market. The Government might also wish to hold appropriate consultations with the social partners and representatives of the stakeholders concerned in overcoming the difficulties encountered to obtain lasting employment for young people.

Women’s employment. The Government reported in 2010 that, in recent years, the employment situation of women in the workforce improved, and that the disparity between the unemployment rate of men and women decreased. The Government indicates that the NAPE for 2009–11 identified the importance of the issue of ensuring equal access to the labour market for women and men. During this period, a number of initiatives co-financed by the European Social Fund were implemented, which were aimed at strengthening the position of women in the labour market by overthrowing the existing stereotypes, raising the level of awareness among workers and labour market institutions, as well as providing access to institutionalized forms of childcare. The Government reports on the introduction of mechanisms to counter discrimination, with particular emphasis on discrimination against women, in employment promotion and access to the labour market. The Government reports that the unemployment rate for women was 10.9 per cent in 2011, compared with 8.8 per cent for men. More than 64 per cent of unemployed women in the fourth quarter of 2011 had a secondary, post-secondary or higher education, while among men the rate was 43.4 per cent. Furthermore, women accounted for 54.7 per cent of all unemployed persons who participated in activation programmes in 2011. 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 it invites the Government to provide in its next report information on the impact of the measures adopted to ensure that women have the fullest possible opportunity to qualify for and use their skills, in accordance with Article 1(2)(c) of the Convention.

Consultation with the social partners. The Committee notes the observations submitted by Solidarność indicating that trade unions are deprived from their role in participating in the administration of the labour market as the General Employment Council, where trade unions have their representatives, does not perform either an administrative or supervisory role. It further indicates that proposals of legislative changes are often presented in a manner which prevents social partners from expressing their opinion and being duly consulted. In the 2010 General Survey concerning employment instruments, the Committee underlines the importance of ongoing genuine tripartite consultations for tackling and alleviating the consequences of the global economic crisis (General Survey, 2010, paragraph 788). The Committee invites the Government to provide in its next report detailed information on the involvement of the social partners in the formulation and implementation of employment policies and programmes.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Implementation of an active labour employment policy. The Committee notes the Government’s report received in August 2010 containing detailed replies to the points raised in the 2009 observation. The Government reports greater efficiency of employment services, cooperation of labour market partners, and professional activation measures for vulnerable categories of workers. In terms of improving the institutional servicing of the labour market, the most important change relates to the separation of the Centre for Professional Activation from the structure of the poviat labour office into a specialized, decentralized unit mandated with the implementation of services and tools into the labour market. The Government further reports that it seeks to enhance the enforceability of decisions taken by employment councils and authorities. The Government indicates that, in a 2009 research study, it was demonstrated that the employment councils fulfil their entrusted advisory function but lack the ability to make any binding decisions. As a result of this study, a set of recommendations was formulated concerning the organization, activities and tasks of employment councils. The National Action Plan for Employment 2008 (NAPE) has benefited several categories of vulnerable workers notably: persons with disabilities, elderly workers and the long-term unemployed. According to Government data, 14,649 persons with disabilities and 49,388 elderly persons participated in the implementation of employment programmes. The Government further reports that, over the last several years, the long term unemployment rate was reduced by half. The Committee notes that the Government has drafted a National Action Plan for Employment for 2009–11 with the specific purpose to increase the professional activity of Polish workers during the economic slowdown. The Committee notes that the global financial crisis led to a slowdown in economic activity in Poland, with the rate of real GDP growth dropping to 1.6 per cent in 2009. In 2010, real GDP growth increased to 3.8 per cent. The general government deficit rose from 3.7 per cent of GDP in 2008 to 7.9 per cent in 2010. The Committee invites the Government to provide information in its next report on the results achieved and difficulties encountered in implementing the measures set out under the national actions plans to promote full employment and how these measures will translate into productive and lasting employment opportunities for the unemployed and other categories of vulnerable workers affected by the crisis.

Youth unemployment. The Government states that the high and rapidly rising level of unemployment among young people is one of the most important problems in the Polish labour market. The Government reports that the unemployment rate among young people is slightly higher than the EU average. The Committee observes from ILO data that the youth unemployment rate increased from 17.3 per cent in 2008 to 23.7 per cent in 2010. The lack of work experience and appropriate high-level vocational education are an impediment for young jobseekers. In 2009, active labour market programmes covered 267,953 unemployed persons under the age of 25, which marked an increase of 7,336 (2.6 per cent) from 2008. For the period of January–April 2010, active forms of counteracting unemployment benefited 96,975 persons less than 25 years of age (i.e. 37.6 per cent of all persons who started participating in active programmes). The Committee notes that a programme of professional activation for persons less than 30 years of age has been initiated by the Minister of Labour and Social Policy in 2010. The activation measures focus, inter alia, on general and vocational trainings, apprenticeship programmes and granting of loans to finance the costs of trainings. The Committee invites the Government to continue providing detailed information in its next report on the efforts made to improve the situation of young persons, and the results achieved and difficulties encountered in implementing the youth employment policy objectives.

Women. The Government reports that, in recent years, the employment situation of women in the workforce has improved. The disparity between the unemployment rate of men and women has decreased over the years. In 2005, this disparity was 2.5 percentage points (16.6 per cent for men and 19.1 per cent for women). In 2009, the active labour market measures covered 697,370 unemployed persons, including 384,634 unemployed women. During the period of January–April 2010, 144,149 women participated in active employment programmes. The Government indicates that the traditional division of social roles persists in its society. It also underlines the importance of stimulating the country’s low birth rate and its intention to address this issue. The Committee draws the Government’s attention to the 2010 direct request formulated under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which the Government was encouraged to pursue its efforts to combat the stereotypes regarding the roles of women and men in society and at work. The Committee therefore invites the Government to provide in its next report on Convention No. 122 information on the impact of measures adopted to ensure that each worker shall have the fullest possible opportunity to qualify for and use his or her skills, in accordance with Article 1(2)(c) of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Implementation of an active employment policy. The Government reports that, similar to the years 2005–06, one of the main objectives of the employment policy in the years 2007–08 had been, inter alia, to increase employment and improve its quality, decrease the unemployment rate and improve human capital. At the end of May 2008 the overall number of unemployed had decreased to 1.5 million persons and the registered unemployment rate was 10 per cent. In this regard, the Committee notes the increased efficiency of the employment services achieved through further decentralization, as laid down in the National Reform Programme 2005–08. It also notes a further improvement in the cooperation between the public authorities and the social partners and their consultation on budgetary matters and matters concerning education and vocational training. Furthermore, NGOs – including representatives of organizations of the unemployed – were included on the voivodeship level. The National Action Plan for Employment 2008 re-emphasizes the Government’s endeavours to reintegrate vulnerable groups, such as persons with disabilities and workers over 50 years of age, into the workforce, resulting in 674,300 unemployed being provided with active labour market programmes in 2007. While persons with disabilities benefited significantly from these programmes, the reintegration of workers above 50 years of age into the labour force, whose share is increasing, remains difficult due to skill mismatches with labour market requirements. The Government further reported that results achieved in 2007 through measures aimed at increasing employment and limiting unemployment proved to be better than anticipated. This was substantially influenced by subsidies received from the European Community and the overall economic conditions. The Committee notes that Poland is continuing its transition from an agricultural to an industrial and service economy but that a large amount of persons were employed in the informal economy (2004: 1.317 million persons) and would thus not appear in the statistics. It further notes that, despite dropping significantly from 13.9 per cent in 2006 to 9.6 per cent by the end of 2007 – the lowest unemployment rate since 1992 – Poland’s overall unemployment rate was still the second highest in the Organisation for Economic Co-operation and Development (OECD). Only in the second quarter of 2008, with 7.3 per cent, the unemployment rate was below the OECD average for Europe of 7.7 per cent. It further notes that, although the participation rate of the population above 15 years of age slightly dropped in 2007 to 53.7 per cent, by the first quarter of 2008 this had risen to 58.3 per cent. The Committee asks the Government to continue providing evaluations in its next report of the impact of the various labour market reform measures undertaken on the current employment situation and the involvement of the social partners in the design and implementation of an active employment policy in accordance with Articles 1, 2 and 3 of the Convention. The Committee further invites the Government to provide information in its next report on the results achieved through active labour market measures to provide employment for the long-term unemployed.

Youth unemployment. The Committee notes that, despite more favourable demographical conditions, the employment rate of persons between 15 and 24 years of age remains low at 25.8 per cent in 2007. Although a significant decrease of 8.1 percentage points in the youth unemployment rate had been achieved, at the end of May 2008, 23.8 per cent (i.e. 289,000 persons) of employment seekers were below 25 years of age. The Government reports that this was partly caused by this age group’s delayed entry into the labour market due to the continuation of education. The low employment rate would be addressed through various actions outlined in the 2007 Act amending, inter alia, the Act on Employment Promotion and Labour Market Institutions of 2004. In 2007, 268,900 unemployed persons below 25 years of age had participated in active labour market programmes. This is equivalent to 40 per cent of the overall number of unemployed youths, and represents an increase of 14,000 persons, i.e. 5.5 percentage points as compared to 2006. The Committee asks the Government to continue providing detailed information in its next report on the efforts made to improve the employment situation of young persons, and the results achieved in terms of job creation, particularly as a result of the actions adopted under the 2007 Act amending the Act on Employment Promotion and Labour Market Institutions of 2004.

Women. The Committee notes that, despite an increase of 2.9 percentage points, which is on par with that for men, the employment rate among women remains significantly lower than that of men. In 2006, the employment rate for men stood at 67.6 per cent, the employment rate of women was 56.8 per cent. This situation was further reflected in the unemployment rate: in 2007, 889,100 women and 636,500 men were without employment. The Government is aware of the fact that the unemployment rate for women registered in labour offices decreases at a slower pace than that of men. The “activation programmes” launched in 2007 were aimed to remedy this situation. Some 381,000 women benefited from the programme, resulting in an increase of women participating in community services and trainings. The Committee asks the Government to continue providing detailed information in its next report on the efforts made to improve the employment situation of women, and the results achieved in terms of job creation as a result of the 2007 activation programmes.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the general information contained in the Government’s report received in September 2006.

1. Articles 1 and 2 of the Convention. Policies to promote employment. The Committee notes from the data supplemented by the technical units of the Office that the employment rate is slowly continuing to climb to 54.5 per cent in 2006, an increase of 1.6 per cent since the last report. Despite continuing to be one of the highest in the Organisation for Economic Co-operation and Development, the unemployment rate slowly decreased to 14 per cent in 2006. However, gender gaps in unemployment continued to exist. While the unemployment rate also dropped significantly for the 15–24 age group (29.8 per cent in 2006), young persons continued to be the worst hit by unemployment. The Government reported that the basic employment policy objectives for 2005–06 were to increase labour demand; increase employment growth; reduce unemployment; strengthen active labour market policies; and invest in human capital development. These were to be implemented through the National Action Plan in Favour of Employment 2006 (KPDZ/2006), the KPDZ 2005 and the National Reform Programme 2005–08. The Committee notes the information provided by the Government concerning measures to be taken under the national plans to increase employment for youth, older workers and workers with disabilities. It also notes the improvements to institutional labour market services that are to be implemented by the Government through enhancing the quality of job placement services, vocational guidance services and services within the EURES network; increasing the quality of training services organizations; and supporting geographical and occupational mobility. The Committee requests the Government to provide in its next report further detailed information on the impact of these measures, as well as measures referred to in previous comments, in particular whether these measures have had any impact on reducing the rate of unemployment, in particular for young workers, women workers and older workers. It would also appreciate detailed information on the effectiveness of reforms made in the employment services to increase their efficiency.

2. Article 3. Participation of the social partners in the formulation and application of policies. The Committee notes that the scope of powers of the Supreme Employment Council has been expanded and covers pronouncing opinions on draft laws in the field of employment promotion and mitigating the effects of unemployment. In this regard, the Committee asks the Government to continue to supply information on the manner in which representatives of the persons affected are consulted concerning employment policies, including information on the consultation held at the regional level on the matters covered by the Convention.

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

The Committee notes the information contained in the Government’s report received in September 2004.

1. Policies to promote employment. The Committee notes from the Government’s report as well as from data supplemented by the technical units of the Office that, after having reached extremely low levels of only 44 per cent of the working age population in employment, which represents the lowest employment rate in the 25 EU Member States, employment showed some signs of recovery towards the end of 2004. At 20 per cent on average in 2003 and 18 per cent in the fourth quarter of 2004, the unemployment rate remained at its highest level since the start of economic transition and is one of the highest in OECD countries, but the rapid pace of economic growth is leading to a slight improvement. The Committee further notes that the unemployment rate among the age group 15-24 was 37 per cent in the last quarter of 2004, over twice the level of the population as a whole. Moreover, gender gaps in unemployment are also significant and there are persistent regional disparities in the level of unemployment.

2. The Committee notes the detailed information provided by the Government concerning the law on pre-retirement benefits, the Government’s strategy "Entrepreneurship-Development-Labour" aimed at a more employment-friendly environment and support of entrepreneurship, the "First Job" programme for young people and the programme "50+" for elderly workers. While taking note of this information, the Committee would appreciate if the Government could provide an assessment of the effectiveness of the respective programmes, including information on the number of participants and the percentage of them who have found regular employment after their participation in these programmes. The Committee would appreciate receiving further information on how the measures taken to promote full and productive employment operate within a "framework of a coordinated economic and social policy". It further asks the Government to submit information on the measures taken to increase the employment rate among older workers and to protect workers affected by structural changes in the economy (Articles 1 and 2 of the Convention).

3. Participation of the social partners in the formulation and application of policies. With reference to its previous comments, the Committee notes with interest that the Government has held consultations with the social partners on a wide variety of issues, both at the national and regional levels, through the Tripartite Commission for Socio-Economic Issues, various employment councils and the Supreme Employment Council, which has been enlarged to include representatives of voivodship councils as well as representatives of non-governmental organizations of national range. In this regard, the Committee asks the Government to continue to supply information on the manner in which representatives of the persons affected (both in the formal and informal economy and in rural areas) are consulted concerning employment policies including information on the consultation held at the regional level on the matters covered by the Convention (Article 3).

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

The Committee notes the information contained in the Government’s report for the period ending June 2002 and its reply to previous comments.

1. Articles 1 and 2 of the Convention. Supplemented by data published by the OECD, the report demonstrates that the labour market situation did not improve during the period in question. The unemployment rate continued to increase going from 16.3 per cent in 2000 to 17.8 per cent in 2002. The unemployment rate for women (20 per cent) remains higher than for men (17 per cent). Long-term unemployment continues to be high and is still increasing. In 2001, the share of long-term unemployed was 50 per cent. The rate of youth unemployment is of particular concern, having risen sharply to a level of 38 per cent. The Government indicates that its Economic Strategy for 2002-05, adopted in January 2002, provides for a variety of measures aimed at improving the employment situation, notably amendments to the Labour Code increasing the flexibility of the labour market, which were adopted in July 2002, and programmes such as the First Job Programme stimulating the creation of jobs for school leavers.

2. The Government states that several important changes have been introduced to the law on employment and reducing unemployment. These changes concern, inter alia, a revision of the requisites for receiving unemployment benefits, regulations concerning the right to pre-retirement (bridging allowance) and regulations governing the work of foreigners in Poland. The Committee would appreciate being kept informed of the impact of legislative changes in attaining the objectives of full, productive and freely chosen employment.

3. The Government states that to counteract rising unemployment it has introduced an economic plan entitled "Entrepreneurship-Development-Labour". The Government describes its strategy as aimed at the promotion of economic development, the creation of new productive jobs and a reduction in unemployment. Among the plan’s proposed solutions are: a reduction in labour costs and the establishment of more flexible labour relations; the simplification of the tax system; the simplification of the social insurance system; and the simplification of procedures connected in particular with the establishment of small businesses. The Committee has taken note of this information and trusts that the Government will provide in its next report any available information on the impact of these programmes and their success in attaining their stated objectives.

4. The Government explains that to reduce the extent of unemployment among young persons it has sought to implement the First Job Programme that combines several activities and services. The main aim of the programme is the reduction of unemployment among graduates. The activities planned in the programme focus on the following spheres: promoting graduates’ employment in the SME sector; self-employment promotion; the modification of the educational system; the dissemination of voluntary work; and the development of services in the field of vocational information and guidance, as well as job placement. The Committee notes this information and trusts that the Government will continue to provide information on policies and programmes that address the special needs of vulnerable groups of workers, as well as data on the levels and trends in employment for these groups.

5. Article 3. With reference to its previous comments, the Committee noted that the Government held consultations with the social partners on a wide range of issues through the Tripartite Commission for Socio-Economic Issues and the Supreme Employment Council. Please continue to supply information on the manner in which representatives of the persons affected (representatives of employers and workers in the formal and informal economy and in rural areas) are consulted concerning employment policies.

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

The Committee notes the information contained in the Government’s report for the period 1 July 1998 to 30 June 2000.

1. Article 1 of the Convention. According to the information contained in the Joint Assessment of Employment Priorities in Poland, prepared by the Ministry of Labour and Social Policy and the European Commission, unemployment was 10 per cent in the second quarter of 1998, but rose to 15 per cent as of December 2000. Unemployment among young people was almost 38 per cent in 2000, compared with the total average of 14 per cent. Unemployment is higher among women than men (18.5 per cent vs. 15.2 per cent in 2000). Unemployment varies by region, with the highest rates in voivodies with a history of state-owned farming. Long-term unemployment makes up about one-third of total unemployment. And unemployment is highest among people with only a primary education.

2. The Government states that its employment policy objectives include: emphasizing an active policy to support full, productive and freely chosen employment; improving labour office activity; and increasing the effectiveness of measures to decrease unemployment. The Government follows the European Union guidelines on employment, which focus on human resources development, promoting job growth, and ensuring non-discrimination. Priorities for the Plan for 2000-2001 include decreasing labour costs, reforming the tax system, phasing out early retirement, promoting alternative jobs, and allowing a lower minimum wage for first-time jobseekers. The Government is also strengthening employment services through emphasizing quality of service, standardizing staff qualifications, creating a uniform information system, and reforming unemployment benefits. The Government also mentions that it has developed a National Strategy for Employment Development 2000-2006, a Direction of Government Activities towards Small and Medium Enterprises to the year 2002; and a Mid-term Strategy for Development of Agriculture and Rural Areas. In addition it has implemented a system of task contracts between the National Labour Office and the voivodies, where funding will be conditioned on the voivodies achieving precisely defined results. The Committee notes these policies and programmes, and would appreciate receiving further details as they are implemented, including their impact on employment promotion.

3. The Committee would also appreciate receiving further information on the Strategy for Development of Agriculture and Rural Areas; employment promotion programmes for vulnerable and disadvantaged groups; the specific content of active labour market policies; and the coordination of training with prospective employment opportunities.

4. Article 2. The Committee notes that the Government’s report does not contain any evaluation of the outcome of its employment policies and programmes. Please supply information on the measures taken to keep employment promotion policies and programmes under review within the framework of a coordinated economic and social policy.

5. Article 3. The Government states that it consults with the social partners on a wide range of issues through the Tripartite Commission for Socio-Economic Issues and the Supreme Employment Council. The Committee notes that the Government’s report lists a range of topics discussed, but does not indicate the outcomes of these discussions. Please continue to supply information on the manner in which representatives of the persons affected (representatives of employers and workers in the formal and informal economy and in rural areas) are consulted concerning employment policies.

6. The Committee notes the information sent by the Board of the West Pomerania Region of the Polish Trade Union of Nurses and Midwives and the Board of the Medical Analytics Technicians Trade Union. The Boards state that in their view the existence of 2.5 million people without jobs demonstrates that the Government does not have an effective employment policy; the Government’s medical health care reforms are decreasing employment; and the Government’s social and economic policies are inconsistent. In reply, the Government states that the regional restructuring programme is approved by the voivodies. Workers are represented at the local levels, on the Regional Steering Committee which approves regional restructuring programmes, and on the National Steering Committee which evaluates the programmes and allocates funding. The programmes include severance packages and loans to workers moving to the private sector. The Committee would appreciate continuing to receive information on the impact of the restructuring on employment and measures taken by the Government to promote employment of the workers affected.

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

1. The Committee notes the Government's brief report. It notes with interest that the unemployment rate, which reached almost 17 per cent in 1994, fell rapidly to below 10 per cent in June 1998. Nevertheless, the Government states that it is concerned by the persistence of marked regional disparities in the context of low worker mobility, particularly high levels of unemployment among women and unskilled young people, and the level of long-term unemployment.

2. In its report, the Government indicates the main priorities of its programme to promote productive employment and combat unemployment for 1997-2000. It refers in particular to the reinforcement of the regional and rural development policy, the promotion of the competitiveness of enterprises and the speeding up of educational reforms, but provides no information on the specific measures taken or contemplated in these areas. The only detailed information relates to provisions that have been adopted to make the qualifying conditions for unemployment benefit more restrictive and to allocate a greater proportion of the available resources to financing active labour market policy measures. In this regard, the Committee hopes to find in the Government's next report the information that has already been requested on the manner in which the unemployment benefit policy contributes to achieving the objectives of the Convention. It asks the Government once again to provide comprehensive information on the results of the various active labour market policy measures, such as employment subsidies, public works, loans to support self-employment and training programmes for the unemployed. The Committee also invites the Government to describe the measures taken to reinforce the network of employment services and improve their effectiveness.

3. The Committee recalls that, under Article 2 of the Convention, the measures to be adopted to promote full, productive and freely chosen employment must be adopted "within the framework of a coordinated economic and social policy". The Committee would be grateful if the Government would indicate the main thrust of, for example, its monetary, fiscal and exchange rate policies, trade policy, and prices and incomes and wages policies, and indicate how they contribute to the promotion of employment. The Committee also asks the Government to provide full information on the manner in which consultations are carried out, in accordance with Article 3 of the Convention, and to indicate the role of the Higher Employment Council in this respect.

4. The Committee refers to its earlier observations made in the context of the follow-up to the conclusions and recommendations of the committee set up to examine the representation alleging non-compliance with the Convention, which were approved by the Governing Body at its 265th Session in March 1996 (document GB.265/12/5). The Committee trusts that the Government's next report will contain all the information necessary to assess the manner in which the Convention is applied.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the report of the Committee set up to examine the representation made in 1993 under article 24 of the ILO Constitution by the All-Poland Trade Union Alliance (OPZZ), alleging non-observance of the Convention by Poland, which was approved by the Governing Body as its 265th Session in March 1966 (document GB.265/12/5). It also notes the Government's brief report for the period ending June 1966. This report describes a number of changes particularly as regards the employment of graduates, unemployment benefit and the management of regional labour markets. However, the Committee notes that the report does not contain all the information requested by the Governing Body. The Committee also refers to its previous observation and direct request and trusts that the Government's next report will, in addition to the description of the situation and trends of employment, underemployment and unemployment during the period under consideration, contain all the information required in accordance with the recommendations of the Committee set up by the Governing Body namely: -- complete and detailed information on the results obtained through the various labour market policy measures that are implemented, with an indication of any shortcomings or difficulties that it may have encountered and the manner in which it proposes to deal with them, and the use it has made of ILO technical cooperation projects and other international technical assistance to promote employment and reduce unemployment; -- a description of how account is taken of employment objectives when general economic and social policy decisions are taken, and complete information in reply to the questions in the report form under Articles 1 and 2 of the Convention; -- complete information on the manner in which the representatives of the persons affected are consulted, particularly in the Higher Employment Council and in accordance with Article 3 of the Convention, on all aspects of economic policy which affect the employment market; -- the manner in which the unemployment compensation policy contributes to the pursuit of the Convention's objectives, particularly as regards the planned introduction of an unemployment insurance system. The Committee suggests that the Government remain in contact with the competent services of the ILO, and particularly the multidisciplinary team in Budapest, in order to obtain, where necessary, their technical support in relation to the above matters.

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

The Committee notes the report of the Committee set up to examine the representation made in 1993 under article 24 of the ILO Constitution by the All-Poland Trade Union Alliance (OPZZ), alleging non-observance of the Convention by Poland, which was approved by the Governing Body at its 265th Session in March 1996 (document GB.265/12/5). It also notes the Government's brief report for the period ending June 1996. This report describes a number of changes, particularly as regards the employment of graduates, unemployment benefit and the management of regional labour markets. However, the Committee notes that the report does not contain all the information requested by the Governing Body.

The Committee also refers to its previous observation and direct request and trusts that the Government's next report will, in addition to the description of the situation and trends of employment, underemployment and unemployment during the period under consideration, contain all the information required in accordance with the recommendations of the Committee set up by the Governing Body, namely:

- complete and detailed information on the results obtained through the various labour market policy measures that are implemented, with an indication of any shortcomings or difficulties that it may have encountered and the manner in which it proposes to deal with them, and the use it has made of ILO technical cooperation projects and other international technical assistance to promote employment and reduce unemployment;

- a description of how account is taken of employment objectives when general economic and social policy decisions are taken, and complete information in reply to the questions in the report form under Articles 1 and 2 of the Convention;

- complete information on the manner in which the representatives of the persons affected are consulted, particularly in the Higher Employment Council and in accordance with Article 3 of the Convention, on all aspects of economic policy which affect the employment market;

- the manner in which the unemployment compensation policy contributes to the pursuit of the Convention's objectives, particularly as regards the planned introduction of an unemployment insurance system.

The Committee suggests that the Government remain in contact with the competent services of the ILO, and particularly the multidisciplinary team in Budapest, in order to obtain, where necessary, their technical support in relation to the above matters.

[The Government is asked to provide a detailed report in 1997.]

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

The Committee notes that the Governing Body at its 257th Session (June 1993) entrusted the examination of a representation made by the All-Poland Alliance of Trade Unions (OPZZ), under article 24 of the Constitution, alleging non-compliance by Poland with the Convention, to a tripartite committee. In accordance with its usual practice, the Committee is postponing its comments on the application of the Convention pending the Governing Body's adoption of the conclusions and recommendations of the above-mentioned committee.

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

1. With reference to its previous direct request, the Committee has taken note of the full and helpful new information supplied by the Government in its reports, including that on Convention No. 2, which are accompanied in particular by a copy of the "Guidelines of the programme of counteracting the effects of unemployment" of April 1991, the Act of 9 May 1991 on Employment and Vocational Rehabilitation of the Disabled, and the Act of 16 October 1991 respecting Employment and Unemployment. It notes the labour market data which mention an unemployment rate of 9.8 per cent on 31 August 1991. As the Government indicated in its previous report, the transition to the market economy is accompanied by a downward trend in the overall level of employment and, since the beginning of 1991, the process of restructuring the economy has directly contributed to the increase in unemployment. The Government acknowledges, however, that little is known about the pattern of unemployment and that the available information is still inadequate as a basis for decision-making on employment policy measures both at the central level and with a view to the formulation of regional programmes. It indicates that it is endeavouring to prepare regular statistical surveys so as to afford a better knowledge of the quantitative and qualitative characteristics of the developing labour market. The Committee would be grateful if the Government would continue to supply information in as much detail as possible on the situation, level and trends of employment, unemployment and underemployment and to describe the measures taken to improve the procedures for the collection and analysis of statistical data on the labour market.

2. The Government states that, owing to the paucity of the available resources, it is important that measures to combat unemployment should give priority to the regions and population groups most affected. In particular, emphasis should be laid on the development of the employment service network and on training for the unemployed. Subsidies for job-creation and the organisation of public works are contemplated in regions where a large proportion of unskilled workers are threatened with long-term unemployment. The Committee would be grateful if the Government would supply in its next report detailed information on the active measures taken to combat unemployment and the results achieved. It notes further that an ILO technical cooperation project for the development of employment services (POL/90/MO2/DDA), designed to strengthen the capacity of employment services in the areas of vocational guidance, placement, training and the promotion of employment and self-employment programmes, is in process of execution. Please indicate the action taken as a result of this project (Part V of the report form).

3. The Committee has taken note of the adoption of the Act of 16 October 1991 respecting Employment and Unemployment, which replaces the Employment Act of 29 December 1989. The main changes are concerned with the conditions of qualification for unemployment allowance, which are made more restrictive; the method of fixing the duration and amount of that allowance, which is designed to stimulate an active search for employment; the reintroduction of the obligation to notify the employment services of vacancies; and authorisation for the establishment of private employment agencies. In this connection the Committee refers to its comments on the application of Convention No. 96. The Act further provides for the entry into force with effect from 1 January 1993 of a new organisation of employment councils. Furthermore the Committee has taken note with interest of the provisions of the Act of 9 May 1991 on Employment and Vocational Rehabilitation of the Disabled, and invites the Government to describe the measures designed, pursuant to those provisions, to satisfy the needs of this particular category of workers.

4. The Committee notes the indication that the Ministry of Labour and Social Policy cannot be considered solely responsible for the level of unemployment. Although it is in charge of combating the effects of unemployment, it can only have a limited direct influence on its volume. The Committee would be grateful if the Government would indicate the procedures adopted to take the objective of full, productive and freely chosen employment duly into account within the framework of a coordinated economic and social policy of transition to the market economy. In particular, please specify the measures taken to that end as regards reform of the system of enterprise ownership and management; budgetary, monetary and exchange rate policies; investment, price, income and wage policies; global, sectoral and regional industrial policies; and policies aimed at balanced regional development, inter alia in agriculture.

5. With reference to its previous direct request, the Committee would be grateful if the Government would specify how the representatives of the persons affected are consulted concerning employment policies in accordance with the provisions of Article 3 of the Convention. Please supply information on the advisory activities of the Main Employment Council and on the policies and programmes developed as a result of consultations with representatives of employers' and workers' organisations and with representatives of other sectors of the economically active population such as persons employed in the rural and the informal sector.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee takes note of the detailed information submitted by the Government in its reports. Economic measures and reforms have been implemented to attempt to secure rapid stabilisation of the economy and the transformation of the economic system. With reference to the difficulties encountered in employment, the Government recognises that there is a contradiction between the right to work established by the Constitution and the constant drop in the number of persons employed. The Government states that the problem of the protection of the right to work will be a major component of the measures envisaged. The Committee trusts that the Government will be in a position in its next report to provide information on the progress made in achieving the employment objectives in its development plans and programmes, specifying the particular difficulties encountered in achieving the objectives of full, productive and freely chosen employment, as defined in Article 1 of the Convention. It would be grateful if the Government would provide information on overall and sectoral development policies, particularly measures in such fields as investment policy, fiscal and monetary policy, trade policy, and prices, incomes and wages. The Committee hopes that the report will also contain information on the procedures adopted to ensure that the effects on employment of the measures adopted as part of the stabilisation programmes receive due consideration (Article 2).

2. The Committee notes the data concerning the labour market. Statistics show a drop of 1.5 per cent of the overall employment level between 1989 and 1990 (first semester of each year), despite an increase (3.9 per cent) in the number of workers in the non-socialist sector of the economy. The drop in the overall level of employment is due to reduced employment in the socialist sector of the economy; this trend, which is a result of the transition to a market economy, is likely, according to the Government's report, to continue and even increase. The report also contains statistical data on unemployment which is increasing steadily: it was an estimated 6.9 per cent of employed persons in the national economy (excluding individual farms) at 30 September 1990, and the Government was expecting an estimated 1.2 to 1.3 million unemployed at December 1990. The increase in unemployment particularly affects women and young high school graduates (general technical). The Committee would be grateful if the Government would continue to provide information on the situation, level and trends of employment, particularly for the branches of activity where employment has declined (see the questions for Article 1 of the Convention in the report form).

3. The Committee takes note of the Employment Act of 29 December 1989 (published by the ILO in the series Social Law Documents 1990/2, 1989-POL 2), which provides for various measures on placement and occupational guidance, unemployment benefit, benefits for workers who have to change domicile to take up a new job, and special measures for disabled workers and migrant workers. The 1989 Act also establishes an Employment Fund destined essentially for the training and retraining of unemployment persons. In its report, the Government indicates that it has asked the ILO for assistance to improve the organisation of the employment services and particularly to train the employees of these services. The Committee welcomes these developments as they will help to ensure better practical knowledge of the international labour standards on employment. It hopes that the Government will provide indications in its next report of the action taken as a result of the ILO technical co-operation projects (Part V of the report form) and, more generally, of the implementation of the measures provided for in the Act of 29 December 1989, particularly in the areas of training, retraining and the social protection of workers who have lost their jobs.

4. In its 1989 direct request, the Committee noted the importance given to handicrafts and individual skills. It notes from the report that it has examined this year that, while as indicated previously, employment has increased in the non-socialist sector of the economy overall, there was a considerable drop in employment in the handicraft sector between 1989 and 1990. It would be grateful if the Government would indicate in its next report any particular measures that have been taken or are contemplated to promote the creation of productive jobs in the economic activities engaged in the by self-employed or outside the institutionalised economic structures. In this connection, the Government might find it useful to consult the texts appended to the report form in the Convention (see in particular Chapter V of Recommendation No. 169 on the informal sector).

5. With reference to Chapter V of the above-mentioned Act of 29 December 1989 respecting employment, the Committee would be grateful if the Government would describe the results obtained by measures to promote the employment of the disabled. In formulating its policy in this area, the Government might find some useful suggestions in the appropriate provisions of the 1983 standards on the occupational rehabilitation and employment of the disabled.

6. Please also provide information on the effects of the measures taken in the context of the new legislation for workers entitled to retirement pensions, referring in particular to the use made of part-time work or any other flexible practices.

7. The Committee notes that, according to the information supplied by the Government, employment in agricultural activities in the non-socialist sector dropped by 120,000 units between 1989 and 1990. Please indicate the measures that have been taken or are envisaged to meet the employment and income needs of workers in the agricultural sector.

8. Article 3. The Government indicates in its report that the Economic Foundation of the Trade Union "Solidarity" and the placement offices of the trade unions play and important role in limiting the scale of unemployment. Furthermore, the Committee notes that a central employment council - made up of an equal number of employers' and workers' representatives - is provided for in section 40 of the Employment Act of 29 December 1989. The Committee hopes that the next report will contain information on the advisory activities of this council and on the policies and programmes developed as a result of consultations with representatives of the organisations of employers and workers and of other sectors of the active population, such as persons working in the rural and informal sectors.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes the detailed information supplied in the Government's report in reply to its previous direct request. The Government indicates that, during the second period of economic reform, an important objective of employment policy is to promote action to change the current structure of employment. The need to restructure the economy is a result of the demographic situation, the objective of balanced development for the socialist and non-socialist sectors of the economy and the need to redeploy manpower from the productive to the non-productive sphere, by promoting employment, in particular, in the service sector. The Committee notes that developments regarding employment are considered by the Government to be too slow. It hopes that the Government will continue to supply information in this respect and will indicate the extent to which the difficulties that have been encountered have been overcome and supply data on the situation, level and trends of employment in the various economic sectors. Please, in particular, indicate the impact of measures taken regarding prices, incomes and wages policy on employment in the various sectors of the national economy (see the questions in the report form for Article 1 of the Convention).

2. The statistical data supplied by the Government in its report show a slight decrease in employment in the socialist sector between 1986 and 1987. The Committee would be grateful if the Government would supply information on the branches of activity in which employment has declined. Please indicate whether, in the context of the implementation of the reform of enterprises, a significant number of job losses and enterprise closures are foreseen. Please specify the measures that have been taken or are envisaged to encourage the mobility of the labour force and guarantee suitable employment to redundant workers (Article 1, paragraph 2(c)). Please refer in particular to the adjustment measures that have been taken or are envisaged in certain industrial sectors, such as shipbuilding and steel.

3. Please describe the procedures adopted to guarantee that effects on employment are taken into consideration when economic recovery measures are implemented in Poland and that the main employment policy measures are determined and regularly reviewed in the framework of a co-ordinated economic and social policy (Article 2).

4. The Committee notes the importance given to the role of handicrafts and individual skills. It would be grateful if the Government would continue to supply detailed information on the development of employment in these sectors, specifying the nature of the activities covered, the conditions of employment and the position of persons so occupied under the labour legislation.

5. The Committee notes the measures taken to encourage the employment of specific categories of workers, such as the disabled and the elderly. It would be grateful if the Government would continue describing the efforts undertaken and the results obtained to satisfy the needs of the disabled, basing itself, where appropriate, on the relevant provisions of the 1983 standards on vocational rehabilitation and the employment of the disabled. Please also continue to supply information on the impact of measures to promote the employment of workers who are entitled to retirement pensions, with particular reference to the use of part-time work and other flexible arrangements.

6. The Committee notes the information on employment in the agricultural sector. It notes in particular the significant downward trend in the participation of women in this sector and their migration to towns. Please continue to supply information on employment and production trends in both the socialist and non-socialist agricultural sectors. Please indicate the measures that have been taken or are envisaged to satisfy the needs of women workers in the rural sector and of women who go to find employment in the urban sector.

7. The Committee notes the information supplied concerning vocational guidance. With reference to its comments on the application of Convention No. 142, it requests the Government to continue supplying information on this subject, with emphasis on the measures taken to co-ordinate education and training policies with employment prospects.

8. Article 3. The Committee notes with interest the information supplied in the Government's report concerning the consultation of agricultural trade union organisations and farmers' organisations, in the context of the national consultation system for agricultural questions. The Committee would be grateful if the Government would supply additional information on the way in which the representatives of the persons concerned by the measures to be taken by both employers' and workers' representative organisations and representatives of other sectors of the active population are consulted within the context of the current economic restructuring process, regarding employment policies.