Equal Remuneration Convention, 1951 (No. 100) - Poland (Ratification: 1954)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 30 August 2021 and the response of the Government.

Articles 1 to 4 of the Convention. Gender pay gap and promotion of equal remuneration. The Committee notes the Government’s indications that: (1) according to the data of the European Institute for Gender Equality and Eurostat, the wage gap in Poland is 8.5 per cent (compared to an average of 14.1 per cent for the European Union); (2) according to the Ministry of Family and Social Policy (MFSP), the wage gap in the public sector is 2.5 per cent (the lowest in the European Union); (3) the National Action Programme for Equal Treatment 2021-2030 develops solutions to close the gender pay gap; (4) in particular, the MFSP developed a free application to measure wage inequality that will be promoted in the coming years, intended to increase knowledge about the wage gap as well as to help employers to set wage more fairly; (5) the MFSP also participates in the implementation of the Project “A good climate for good quality workplaces”, which aims at, inter alia, raising entrepreneurs’ awareness through actions directed at transparent remuneration and monitoring remuneration policies in enterprises; and (6) a package of relevant policy recommendations will be developed and a series of 10 workshops for employers and social partners will be held. The Committee also notes the observations by the Independent and Self-Governing Trade Union “Solidarnosc” that: (1) the positive trend in equalizing opportunities for women on the labour market has been interrupted by the Covid-19 epidemic; and (2) the data provided by Eurostat differ from those provided by the Central Statistical Office according to which the wage gap is approximately 19 per cent. In its response to the observations of the Independent and Self-Governing Trade Union “Solidarnosc”, the Government emphasizes again that: (1) in terms of the amount of the salary gap, Poland compares well with other EU countries; and (2) that the situation is very different between the public and the private sectors, which is typical of all European countries and one of the reasons why European countries have decided to work on the elaboration of directive in this regard. The Government also stresses that there is no hard data at this stage to estimate the impact of Covid-19 on the salary gap. The situation needs to be monitored before conclusions can be drawn and remedial actions undertaken. The Committee asks the Government to provide information on the steps taken regarding: (i) the implementation of the National Action Programme for Equal Treatment 2021-2030 and its impact on closing the gender pay gap; (ii) the dissemination and promotion of the use of the application developed to measure wage equality; (iii) the implementation of the Project “A good climate for good quality workplaces”, in particular with respect to pay transparency; and (iv) the policy recommendations developed by the Government. The Committee also asks the Government to continue to provide information on the evolution of the gender wage gap, in particular information on the impact of the Covid-19 epidemic in this regard and the measures taken to remedy any negative impact noted. Lastly, emphasizing the importance of collecting appropriate data in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make the necessary adjustments, the Committee requests the Government to monitor the impact of programs in place and make adjustments towards the reduction of the gender pay gap.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value and scope of comparison. Legislation. In its previous comments, the Committee had noted the indications by the Government that courts appeared to limit the scope of comparison provided for under section 183c of the Labour Code – that provides for equal pay for equal work or work of equal value - to the same enterprise. The Committee notes the indications by the Government that: (1) the draft of the new Labour Code developed by the Labour Law Codification Commission in 2018 did not receive recognition from the social partners and that there is no decision to resume this process; (2) the recommendations developed by the Codification Commission in the area of collective labour law will be used to develop further directions of the Government’s policy; and (3) work is currently in progress within the forum of the European Union to adopt a Directive on strengthening the application of the principle of equal pay for women and men for equal work or work of equal value, the possible adoption of which may have an impact on the equal pay solutions contained in the Labour Code. With regard to the ongoing legislative developments, the Committee further notes the observations of the Independent and Self-Governing Trade Union “Solidarnosc” that: (1) two parliamentary bills were submitted to the Sejm covering the issue of equality in remuneration for women and men, one amending the Labour Code and another one amending the Act on the National Labour Inspectorate; (2) a parliamentary draft of the Act on limiting the gender pay gap was also developed but not approved by the parliament – as the project presented a number of disadvantages, including that the role of trade unions was disregarded, and that it did not specify the consequences for the employers who failed to fulfil the obligations included in the draft act; and (3) the current legislative instruments do not equip workers and their representatives with effective tools to enforce the principle of the Convention. The Committee therefore asks the Government to provide information on any legislative development in relation to ensuring a broad scope of comparison between jobs to determine whether they are of equal value, such as ensuring that the application of the principle is not limited to the “same enterprise”. More generally, the Committee asks the Government to provide information on any legislative development on the application of the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. Further to the Committee’s request in this respect, the Government indicates that the survey that had been envisaged to be undertaken in all the ministries has been delayed and will be implemented before the end of the third quarter of 2022. It also notes that the free application developed by the MSFP to measure wage inequality will help employers in the setting of fair wages. The Committee asks the Government to provide information on any job evaluation exercise conducted in the public sector, including on the advancement of the survey planned to be conducted in the ministries in 2022, with detailed information on the method and criteria used to compare different jobs to determine whether they are of equal value. It also asks the Government to provide further information on the objective job evaluation methods used in the private sector, including detailed information on the application developed by the MSFP with specifics on the criteria and the measures used to compare jobs in the context of this application.

Awareness-raising. Further to the Committee’s request, the Government indicates that between 2017 and 2021, the topic was addressed in several continuing training courses for judges, court assessors, registrars, assistant judges in labour and social security divisions as well as civil divisions, and prosecutors and assistant prosecutors dealing with civil law cases. The Government also indicates that within the framework of its cooperation with the Academy of European Law ERA, Polish judges and prosecutors took part in several international trainings devoted to equal remuneration for men and women for work of equal value and wage discrimination. Taking note of this information, the Committee requests the Government to continue to provide information on training and awareness-raising activities on the principle of equal remuneration for men and women for work of equal value among workers, employers and their respective organizations.

Enforcement. The Committee notes the Government’s indication that the National Labour Inspectorate undertakes activities of a preventive and informative nature to raise awareness on the principle of the Convention. More specifically, labour inspectors organize and participate in conferences, seminars, and training sessions on the issue, addressed to workers, employers, trade unions and employers’ organizations. The National Labour Inspectorate also publishes and distributes publications on the issue. The Committee further notes the detailed information provided by the Government on cases of pay inequality addressed by the National Labour Inspectorate, indicating that in 2018, 31 complaints were filed, and that in 17 of these cases, the inequality was found unjustified. In 2019, 24 complaints were filed and in 13 of these cases, the inequality was found unjustified. In 2020, 21 complaints were filed and for five of them, the inequality was found unjustified. Between 1 January and 30 June 2021, 14 complaints were filed and for five of them, the inequality was found unjustified. The Committee also takes note of the records of labour law cases provided by the Government on the number of complaints filed and addressed by the courts on employment pay, compensation for infringement of the principle of equal treatment in employment and for discrimination in employment, disaggregated by sex. It notes however that the data provided is not specific to cases related to the pay inequality between men and women. Taking note of this information, the Committee asks the Government to continue to provide information on the awareness-raising activities conducted by the labour inspectors among employers and workers and the number of cases of pay inequality between men and women addressed by the labour inspectorates, the courts or any other competent authorities, and the outcomes of these cases, including: (i) the reasons given for finding pay inequality between men and women to be unjustified, or justified, in particular cases; and (ii) the nature of relief granted in cases where the inequality was unjustified (amount of back pay to individuals; any punitive damages awarded; any prospective injunctive relief for the affected positions etc.).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Independent and Self Governing Trade Union “Solidarnośc”, received on 11 September 2017, addressed by the Government in its report.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value and scope of comparison. Legislative developments. The Committee previously noted that section 18(3)(c) of the Labour Code provides for equal remuneration for the same work or work of equal value, defined as “work requiring comparable professional qualifications, responsibilities and effort”, but that in practice case law of the Supreme Court seems to limit the scope of comparison to the same enterprise referring to the comparability of positions that are “unique in the whole organizational structure of the employer”. The Committee notes the Government’s indication, in its report, that while the Labour Code does not in theory exclude the possibility of comparing wages between various enterprises, case law regularly refers to comparisons of wages at a single employer. The Government adds however that the issue of equality and comparability of wages will be examined in terms of compliance with international regulations in the framework of the tripartite Labour Law Codification Commission, appointed as a result of the Ordinance of 9 August 2016 (Dz. U. Item 1366) to prepare a draft Labour Code and a draft Collective Labour Law Code. In this regard, the Committee wishes to point out that: (i) the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers; and that (ii) ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation (see 2012 General Survey on the Fundamental Conventions, paragraphs 697–699). The Committee takes note of the adoption of the Labour Code Amendment Act of 16 May 2019, which entered into force on 7 September 2019, but regrets that the Government did not seize this opportunity to extend the scope of comparison provided for under section 18(3)(c) of the Labour Code to ensure that the application of the principle of the Convention is not limited to the “same enterprise”. Noting that, in March 2018, the Chairman of the Codification Commission announced that the Commission completed its work and adopted a new draft Labour Code and a new draft Collective Labour Law Code, the Committee hopes that the Government will seize this opportunity to give full legislative expression to the principle of the Convention by explicitly allowing comparisons between jobs performed by men and women in different places or enterprises, or between different employers, and asks the Government to provide information on any progress made in this regard, in particular in the framework of the draft Labour Code and the draft Collective Labour Law Code as agreed by the Codification Commission. It asks the Government to provide updated information on the current status of the review and adoption of both draft Codes, as well as a copy of these pieces of legislation once adopted. In the meantime, the Committee asks the Government to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials on the principle of the Convention, in particular concerning the scope of comparison, and their impact on the application of the principle of the Convention, including by providing a copy of relevant judicial decisions handed down on this issue, in particular by the Supreme Court.

Article 3. Objective job evaluation. The Committee previously noted that the 2013 Supreme Audit Office (SAO) inspection, carried out in the public sector, attributed the gender pay gap to the organizational structure of departments, as well as differences in qualifications, work experience, professional experience, competencies and commitment of employees. It hoped that the methodology to evaluate gender pay gap in enterprises, as a result of the National Programme of Activities for Equal Treatment for 2013-2016 (KPDRT), would lead to the development of objective job evaluation methods. The Committee notes that the Government refers to the operationalization, since May 2017, of an anonymous and free online application on the website of the Ministry of Family, Labour and Social Policy (MRPiPS) to help employers, both in the public and private sectors, to estimate wage differentials between men and women, but that no information is provided with respect to the elaboration or implementation of objective job evaluation methods, except that the Government is planning to undertake a gender pay gap survey in all ministries. The Committee wishes to stress that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias (see General Survey, 2012, paragraph 695). Noting that the Government indicates that it is planning to undertake a gender pay survey in all the ministries, the Committee asks the Government to provide information on any job evaluation exercise initiated in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector, including information on any cooperation undertaken with employers’ and workers’ organizations in this regard, for the purpose of giving effect to the provisions of the Convention.

Enforcement. The Committee notes that, according to the information provided by the Government, the number of complaints submitted to the labour inspectorate on gender discrimination with respect to “determination of remuneration and other conditions of employment” raised from 12 in 2015 to 21 in 2016. The Government adds that the labour inspectorate undertook several information and educational activities, such as free legal advice on equal treatment, publications and information campaigns, both at central and regional levels, for employers, workers, and their organizations, to ensure compliance with the relevant labour law regulations. The Government also refers to judgments issued by the Supreme Court in 2014 and 2016 on equal treatment. The Committee however notes that, in its observation, the Independent and Self Governing Trade Union “Solidarnośc” recommends that such information campaigns should also seek to raise awareness on the fact that inequality in remuneration between men and women is a form of discrimination contrary to the national legislation which engages employers’ liability and compensation. Furthermore, the Committee notes that, in its 2016 concluding observations, the UN Committee on Economic, Social and Cultural Rights recommended that the Government takes further measures to address the differences in remuneration for work of equal value by enforcing legislation and strengthening the capacity of the labour inspectorate with regard to monitoring of wage differentials (E/C.12/POL/CO/6, 26 October 2016, paragraph 24). The Committee asks the Government to continue to provide information on the activities of the labour inspectorate with respect to the principle of the Convention and to indicate the steps taken or envisaged to strengthen the capacity of the labour inspectorate to monitor wage differentials, including through the provision of appropriate tools to evaluate whether jobs performed by men and women are of equal value. The Committee also asks the Government to provide detailed information on the number, nature and outcome of any cases or complaints concerning inequality of remuneration detected by or reported to labour inspectors, the Commissioner for Human Rights, the courts or any other competent authorities, and to provide a copy of any decision issued in this regard.

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

The Committee notes the observations of the Employers of Poland (EP) supported by the International Organisation of Employers (IOE), received on 22 September 2014, which concern issues relating to the assessment of the gender pay gap and objective job evaluation, addressed by the Government in its report.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls its previous comments regarding section 183c, paragraph 3, of the Labour Code which refers to work of equal value as work requiring comparable professional qualifications, responsibilities and effort, and case law of the Supreme Court concerning the comparability of positions that are “unique in the whole organisational structure of the employer”. The Committee notes that the Government does not provide information in this respect. Recalling that the Convention does not limit the application of the principle of equal remuneration to the same enterprise and that the possibility of bringing equal pay claims should not be excluded due to the fact that no comparator is available within the enterprise (see General Survey on the fundamental Conventions, 2012, paragraph 699) the Committee once again asks the Government to indicate how men and women are protected from discrimination in respect of remuneration in accordance with the principle of the Convention.

Assessment of the gender pay gap. The Committee notes the Government’s indication that, due to discrepancies in available data, it is difficult to specify the extent of the gender pay gap. The Committee notes that both the Government and the EP refer to Eurostat data indicating that in 2012 the gross pay gap between men and women was 6.4 per cent, up from 4.5 per cent in 2010, but overall a decrease of more than 8 per cent since 2007. The Government also provides data from the Central Statistics Office that in 2012 the average remuneration of women was 20 per cent lower than that of men, and with respect to average hourly gross remuneration, the gap was 13.5 per cent. Women also continue to earn less in posts as higher officials, in managerial posts for business services and management, in posts of industrial workers and in the services sector. The Committee further notes, from the inspection carried out in 2013 by the Supreme Audit Office (SAO) on equal remuneration for men and women in the public sector, that disparities in wages in this sector amount to 10.82 per cent. Differences in the average remuneration of men and women ranged from 15.23 per cent (in favour of women) to 30.48 per cent for basic pay, and from 30.3 per cent to 37 per cent for total pay (including bonuses and allowances). Of the posts analysed, men had higher basic pay in almost 80 per cent of the cases. The Committee notes that in 2012 the Government established an informal team within the Ministry of Labour and Social Policy to address the wage gap, involving representatives of non-governmental organizations, the private sector and academia. The Government also indicates that the National Programme of Activities for Equal Treatment 2013–16 provides for measures aimed at reducing the gender wage gap, including promoting the principle of equal remuneration for work of equal value. The EP draws attention to the need for measures to address individual factors causing wage differences between men and women (education, position, length of service, etc.), including promoting those aimed at reconciling work and family responsibilities. The Committee asks the Government to continue to provide detailed statistical information on the remuneration of men and women in the public and private sectors, disaggregated by economic sector and occupation, and information on any measures taken to identify and address the underlying causes of gender-based differences in the payment of bonuses and allowances in the public service. The Committee asks the Government to continue to provide information on the measures taken or envisaged, including in the framework of the National Programme of Activities for Equal Treatment 2013–16, to reduce the gender pay gap and promote the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes that the 2013 SAO inspection in the public sector attributed the gender pay gap to the organizational structure of departments, as well as differences in qualifications, work experience, professional experience, competencies and commitment of employees. The Committee notes the comments by the EP that the inspection allowed employers to appreciate data regarding pay differences which resulted in two controlled entities raising the salaries of women. The EP considers that a tool to monitor wage differentiation along with objective measures to establish the impact of individual factors on remuneration levels could positively affect how remuneration levels are shaped. The Committee notes that the Government organized meetings with the social partners in order to evaluate the tools for eliminating differences in remuneration of women and men and that the National Programme of Activities for Equal Treatment for 2013–16 seeks to develop a methodology to evaluate the gender pay gap in enterprises. The Committee hopes that the methodology developed to evaluate gender pay gaps leads to the development and promotion of objective job evaluation free from gender bias in the private sector and asks the Government to provide information on progress made in this regard. The Committee also asks the Government to continue to provide information on any objective job evaluation exercises undertaken, in cooperation with the social partners, in the public sector, including the results achieved.

Enforcement. The Committee notes from the information provided by the Government that, between January 2010 and 15 April 2014, 52 complaints of gender discrimination were submitted to the labour inspectorate which related to “remuneration for work or other conditions of employment”; as a result, 37 inspections were carried out and 11 queries were addressed to employers. Since 2011, only three cases have been recorded as “justified complaints.” The Government indicates that the labour inspectorate faces difficulties in overseeing compliance with the principle of equal pay for work of equal value, primarily due to a lack of appropriate tools and objective measuring instruments with regard to wage differentiation. The Government also provides information on cases decided by the Supreme Court in 2012 and 2013 relating to equal remuneration for the same work. The Committee asks the Government to continue to provide information on the activities of the labour inspectorate with respect to the principle of the Convention, and to indicate the outcome of any cases of pay discrimination. The Committee asks the Government to indicate the steps taken or envisaged to strengthen the capacity of the labour inspectorate to monitor wage differentials, including the provision of appropriate tools to evaluate whether jobs performed by men and women are of equal value. Please continue to provide information on relevant judicial decisions regarding the application of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Assessment and analysis of the gender pay gap. The Committee notes that, according the Government’s report, the gender pay gap has increased from 7.5 per cent in 2007 to 9.8 per cent in 2008 (on the basis of average gross hourly earnings). According to the report entitled “Employment in Poland in 2007” mentioned by the Government in its report, in 2006, monthly earnings of women (on the basis of full-time employment) were on average 18 per cent lower than men’s. The Committee welcomes the analysis of the causes for the gaps in remuneration between men and women provided in the 2007 employment report. This analysis shows that remuneration gaps are due to differences pertaining to the characteristics of the job holder, such as his or her level of education or professional experience, for a small part to “observable” and “non-observable” characteristics affecting the worker’s productivity (age, seniority, motivation and effort), to the characteristics of the workplace (sector, profession, size of the enterprise) and gender discrimination. In addition, with respect to the wider remuneration gap concerning managerial posts, the report underlines that it is largely due to the underrepresentation of women in these higher paid positions. The report emphasizes the difficulty in establishing the extent to which the remuneration gaps are gender discrimination. While noting this information, the Committee observes that the Government’s report contains no information in reply to its previous request regarding measures taken to address such remuneration gaps. The Committee once again asks the Government to provide information on any measures taken to reduce and close the widening gender remuneration gap both in the private and public sectors, including measures to address occupational segregation between men and women on the labour market and to promote women’s opportunities for career development and access to a wider range of jobs and educational and vocational paths. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, as well as any available studies and reports on the gender pay gap and its evolution.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee notes the Government’s indication that under article 183c, paragraph 3, of the Labour Code, work of equal value is work the performance of which requires from the workers comparable professional qualifications (established by diplomas or professional experience) as well as comparable responsibilities and effort. Further to the information provided by the Government on the case law relating to the comparability of work in different posts, the Committee would like to recall that the Convention does not limit the application of the principle of equal remuneration to the same enterprise. It considers that the mere fact that there is no comparator available within the enterprise should not relieve the employer from the obligation to determine levels of remuneration free from discrimination based on sex. The Committee asks the Government to indicate how men and women are protected from discrimination in respect of remuneration if no real or hypothetical comparator is available within the enterprise.

Article 3.  Objective job evaluation. According to the Government’s report, under the Labour Code, job evaluation is the responsibility of each employer. While noting the Government’s indication that job evaluation can be used by the employer as a defence to an equal pay claim, the Committee asks the Government to take steps to promote the use of objective job evaluation methods in the determination and assessment of remuneration. Please provide information on any measures taken in this respect.

Enforcement. The Committee notes the information provided by the Government regarding the enforcement of labour legislation concerning the payment of remuneration by the Labour Inspectorate. The Committee notes however that this information does not include data on any infringement of the right to equal remuneration for work of equal value. It further notes the Government’s indication that labour inspectors do not have the right to represent the complainants or to be witnesses before the courts. The Committee asks the Government to provide information on the activities of the Labour Inspectorate as regards specifically the enforcement of the principle of the Convention, including information on cases identified, claims received, remedies provided and sanctions imposed.

The Committee notes the information provided by the Government on the cases relating to equality of remuneration decided by the Supreme Court between 2006 and 2008. Please continue to provide information on the evolving case law on equal remuneration for men and women for work of equal value, including indications on the number of such cases being brought.

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

Assessment of the gender pay gap. The Committee is concerned that the gender pay gap calculated on the basis of average gross hourly earnings as reported by EUROSTAT has increased from 10 per cent in 2005 to 12 per cent in 2007. According to the Government’s report the gender pay gap continue to be widest as regards senior management positions. In 2005, women in such positions earned 13.2 per cent less than men in government employment and 12.6 per cent less in the private sector. The Committee asks the Government to provide information on the measures taken to address the existing gender pay gap in the private and public sectors and to continue to provide detailed statistical information on the earnings of men and women, as well as any available studies and reports on the gender pay gap and its evolution.

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that section 18(3)(c)(1) provides that all workers have the right to equal remuneration for equal work and work of equal value, while section 18(3)(a)(1) provides for the principle of equal treatment as regards, inter alia, remuneration on a number of grounds, including sex. However, the Committee also notes from the Government’s report that section 11(2) of the Labour Code provides that workers shall have equal rights resulting from the performance of identical duties and that this shall particularly apply to the equal treatment of men and women in employment. The Committee recalls that the principle of equal remuneration for work of equal value as set out in the Convention does not only apply to situations where men and women perform identical tasks or duties but that equal remuneration must be provided also to men and women performing different tasks or duties, as long as they involve work of equal value. The Committee asks the Government to indicate whether the abovementioned provisions of the Labour Code allow for equal pay claims to be brought by women where the work of the male comparator is of a different nature from that of the claimant.

Article 3. Objective job evaluation. The Committee recalls that the Convention implies the use of a technique or method to establish the value of work with a view to determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. In this regard, Article 3 requires States, having ratified the Convention, to promote the development and use of objective job evaluation methods, free from gender-bias. Noting that the Government has not replied to the Committee’s previous comments on this matter, the Committee once again asks the Government to indicate the specific measures it intends to take to promote the development and use of objective job evaluation methods, with a view to promoting the Convention’s principle.

Enforcement. The Committee notes the explanations provided by the Government regarding the role of the Labour Inspectorate. The Committee asks the Government to provide information on the number and nature of court cases on equal remuneration in the context of which labour inspectors acted as representatives of complainants or witnesses.

The Committee further notes the information concerning cases decided by the Supreme Court in 2006 and 2007 involving issues of equal remuneration. In a decision of 15 September 2006 (OSNP 2007/17-18/251), the Supreme Court held that an employee claiming compensation for infringement of the principle of equal treatment in respect of remuneration must prove that he or she performed the same work or work of equal value. Recalling that section 18(3)(b)(1) of the Labour Code stipulates that it is the employer’s duty to prove that an employee has not been discriminated against, the Committee asks the Government to elaborate on the applicable rules regarding the burden of proof in cases regarding unequal remuneration of men and women for work of equal value, following this Supreme Court decision of 15 September 2006. Please also continue to provide information on the evolving case law on equal pay for men and women for work of equal value, including indications on the number of such cases being actually brought.

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

1. Assessment of the gender pay gap. The Committee notes from the Government’s report that according to surveys carried out by the National Labour Inspectorate, in 2003 women occupying higher management posts earned 12.6 per cent less that their male counterparts. In 2004 this pay gap increased to 17.4 per cent. No significant wage gap had been found in respect of lower management posts. The Committee also notes that according to EUROSTAT data, the overall gender wage gap (average gross hourly wages) in Poland amounted to 10 per cent in 2004. The Committee encourages the Government to continue to undertake surveys and studies to monitor the gender remuneration gap in the private and public sectors and to provide information on the outcome of such surveys in its reports, including updated statistical information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation.

2. Supervision and enforcement. The Committee notes the Government’s indication that the violation of the principle of equal treatment is not considered an offence; as a consequence, labour inspectors cannot impose fines or refer matters to the court. Most of the cases dealt with by the labour inspection service involved failure of the employer to make the legislation on equal treatment available to employees. Only the labour court may award compensation to victims of discrimination, including for violations of the right to equal remuneration for work of equal value. Noting that the report does not indicate whether any cases concerning equal remuneration for work of equal value have been brought to the courts, the Committee once again asks the Government to provide this information. Noting that violations of the principle of equal remuneration under the Labour Code are not subject to administrative fines, the Committee asks the Government to continue to provide information on any other measures taken by the National Labour Inspectorate to ensure and promote respect for the Labour Code’s provisions concerning equal remuneration.

3. Objective job evaluation. The Government’s report states that analytical and impartial methods of job evaluation were applied in Poland. Among the enterprises applying for the award of “Leader in Human Resource Management” in the period 2005–06, large companies were more likely to use objective job evaluation as a basis for remuneration than small companies. However, performance and competence appraisal were also applied. The Committee asks the Government to indicate whether it intends to take any specific measures to promote, more broadly, objective job evaluation methods on the basis of the job performed, with a view to promoting the Convention’s principles.

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

Further to its observation, the Committee asks the Government to provide information on the following points.

1. Articles 1 and 2 of the Convention. Application in practice. The Committee notes with interest that the National Labour Inspectorate carries out inspection on equal treatment of men and women in labour relations on the basis of a detailed questionnaire, including inspection with regard to remuneration. According to the Government’s report, labour inspectors inform employers of irregularities and instruct workers of their rights. The Committee asks the Government to provide information on:

(a)  the number of equality inspections carried out which found instances of unequal remuneration for men and women for work of equal value;

(b)  the manner in which such cases have been resolved;

(c)  whether labour inspectors can impose fines for wage discrimination; and

(d)  whether any cases involving such discrimination have been brought before the courts.

2. Article 3. Objective job appraisals. The Committee notes that under section 94(2b) of the Labour Code, as amended by the Act of 14 November 2003 on the amendment of the Labour Code, employers have the obligation to counteract discrimination in employment. Recalling that the Convention promotes the use of objective job appraisals on the basis of the work performed as a means to ensure equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on any measures taken to promote the use of such appraisals in the private and public sectors as a means to prevent, identify and remedy pay discrimination.

3. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the National Plan of Action for Women (2003-05) foresees several activities in cooperation with social partners to promote women’s economic activity, including a comparative analysis of the costs of women’s and men’s employment. Please provide information on the outcome of the envisaged labour cost analysis, as well as any other cooperation with workers’ and employers’ organizations to promote the application of the Convention.

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

1. Articles 1 and 2 of the Convention. Application of the Convention in law. With reference to its previous comments, the Committee notes with satisfaction that the principle of equal remuneration for men and women for work of equal value has been introduced in the Labour Code through amendments in 2001 and 2003. Remuneration has been widely defined as including all payments and benefits connected with work, irrespective of their name and character, paid to the worker in cash or in other form. Work of equal value has been defined as jobs the performance of which requires comparable vocational qualifications, confirmed by official documents, practice or experience, as well as responsibility and effort. The Government is asked to provide information on the promotion and enforcement of the equal remuneration provisions of the Labour Code, including the findings of the inspections conducted in 2003 and 2004 by the National Labour Inspectorate and to provide any relevant administrative or judicial decisions.

2. The gender wage gap - statistical information. The Committee notes with interest the fact that the Government has conducted, compiled and provided detailed statistical information and analyses regarding the earning levels of men and women. According to this information women received 83.1 per cent of the earnings of men in October 2002. Women earned less than men in all occupational groups, even though they were better educated and performed more frequently work requiring higher qualifications. The Committee asks the Government to continue to provide similar information, as well as information on the measures taken to address and reduce the existing gender pay gap.

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

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

The Committee notes the Government’s report and asks the Government to provide information on the following points.

1. The Committee would be grateful if the Government would provide information on any action taken to introduce the principle of equal remuneration for work of equal value into national law.

2. In its previous comment, the Committee took note of the Government’s initiative to introduce criteria to be used in assessing equal value of different kinds of work. The Committee takes note of the "Analysis of salary system in the budgetary sphere" that the Government attached with its report. The Committee recalls that to compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access, capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. By way of illustration, in paragraph 60 of its General Survey of 1986 on equal remuneration, the Committee mentioned a number of criteria, which are most commonly referred to in the various national laws on equal remuneration with a view to comparing the work to be performed by men and women. These include skill (or knowledge evidenced by a title or diploma or by practice in the job, and abilities following from experience acquired), effort (physical or mental effort, or physical, mental or nervous strain connected with the performance of the work) and responsibility (or decision-making) required to perform the work (having regard to the nature, scope and complexity of the duties inherent in each job) and the conditions under which the work is to be performed (including factors such as the level of danger associated with the work). The use of these criteria are important since, in general, the factors used in wage fixing schemes often tend to favour men. The Committee trusts that the Government will provide information in its next report on any measure adopted in relation to the application of methodologies for objective job appraisals in both the private and public sectors.

3. Recalling the Government’s acknowledgment included in a previous report that, in order to address the wage differential between male and female workers, particular activities to promote women into better paid areas and posts are required, the Committee asks the Government to provide information on any measures taken or envisaged to reduce the existing pay gap between men and women. In addition, the Committee trusts that the Government shall continue to provide the fullest possible up-to-date statistics disaggregated by sex, taking into account the content of its 1998 general observation and, if possible, to ensure that the statistics provided include data on sectors in which there is a clear concentration of women workers, such as in public administration, education, social services and domestic services, among others.

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

The Committee notes the report of the Government and the attached information, including statistical data.

1. The Committee notes that the Government is considering introducing in the national labour law the concept of "work of equal value" and criteria to determine the value of different kinds of work. It welcomes this initiative and requests the Government to provide information on the relevant legislative developments, including the development of criteria to be used in assessing equal value.

2. The Committee notes the Act of 23 December 1999 "concerning the shaping of the means for remuneration in the state budgetary sphere and concerning the change of some Acts", which has replaced the Act of 23 December 1994. The Committee also notes that according to the paper "Structure of wages and salaries by occupation in October 1999", in the public sector female employment is predominant and amounted to 56.5 per cent in October 1999. Noting that under section 7 of the Act, the annual average indexes for remuneration increases are subject to negotiation in the framework of the Tripartite Commission of Social and Economic Affairs, the Committee requests information on any measures taken or envisaged by this Commission to guarantee equal remuneration for work of equal value between men and women in the state budgetary sphere.

3. The Committee notes that, according to the statistics provided in the Government’s report, from 1991 to 1999 women’s participation as full-time employees in the lowest decile group of remuneration decreased from 68.4 per cent to 55.6 per cent and their representation in respect to men diminished from 2.2:1 to 1.3:1. In the highest decile group of remuneration, women’s participation increased from 21 per cent to 29.4 per cent. However, their participation in respect to men’s did not improve; it remained steady at a ratio of 0.3:1. The Committee also notes that according to the statistical data included in the abovementioned paper, in October 1999 men’s hourly earnings were 17 per cent and monthly earnings were 25.1 per cent higher than women’s in spite of the fact that "women are in general better educated than men and more often perform work demanding higher qualifications" (page 34). Recalling the Government’s acknowledgment included in its previous report that in order to address the wage differential between male and female workers, particular activities to promote women into better paid areas and posts are required, the Committee requests the Government to provide information on any measures taken or envisaged to reduce the existing pay gap between men and women.

4. The Committee notes the Act of 25 June 1999 on "Social insurance cash benefits for sickness and maternity". It also hopes that the Government would continue to provide information on any measures which, though related to Convention No. 100, fall within the scope of other ILO instruments such as Convention No. 111 (ratified) and Convention No. 156 (not ratified). As frequently emphasized by the Committee, a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100.

5. In the absence of any information from the Government, the Committee asks again that the Government consider the possibility of examining the job evaluation systems in operation to ensure that the factors used capture all the different aspects inherent in the work undertaken by both sexes. It reiterates its observation that, in general, the factors used in job evaluation schemes often tend to favour one sex and the factors which are likely to be present in jobs undertaken mainly by women are sometimes omitted and, therefore, not valued.

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

The Committee notes the information in the Government's report.

1. The Committee notes with interest the adoption on 2 April 1997 of the new Constitution of the Republic of Poland, which contains a general prohibition of discrimination with regard to political, social or economic life for any reason whatsoever (article 32, paragraph 2). It notes with interest that, while the Constitutional Act of 17 October 1992 guaranteed equality of the rights of women with regard to remuneration through the principle of equal pay for equal work (article 78, paragraph 2(1)), the new Constitution stipulates that men and women shall have equal rights and shall have the right to equal compensation for work of similar value (article 33, paragraph 2). The Committee recalls that section 11.2 of the 1974 Labour Code (as amended) stipulates that employees shall have equal rights resulting from the performance of identical duties and that this shall apply in particular to the equal treatment of men and women in the area of work. It requests the Government to indicate whether it is envisaged to harmonize the provisions of the Labour Code with the new Constitution which, in keeping with the Convention, provides broader protection.

2. With reference to its previous comments with regard to efforts undertaken by the Government to ensure that gender-neutral factors are used in job evaluation schemes, the Committee, in the absence of the information requested, must repeat its observation that, in general, the factors used in job evaluation schemes often tend to favour one sex and the factors which are likely to be present in the jobs undertaken mainly by women are sometimes omitted and, therefore, not valued. Therefore, the Committee again asks that the Government consider the possibility of examining the job evaluation schemes in operation to ensure that the factors used capture all of the different aspects inherent in the work undertaken by both sexes.

3. Further to its previous comments concerning the wage-fixing method in the budgetary sphere, the Committee notes that the relevant Act of 23 December 1994 has been amended. In the absence of a translation of said amendments, the Committee is not in a position to examine this question and will do so together with the Government's next report.

4. The Committee notes that the Government's report is silent on a number of issues it had previously raised. It must therefore repeat parts of its previous direct request which read as follows:

1. The Committee notes that, in the lowest wage group, women outnumbered men in 1994 on a ratio of 1.5:1, which represented an improvement over the situation in 1991-92, when the ratio was 2:1. In addition to women's employment being exceptionally high in particular sectors where the wages are relatively low, the Government indicates that the difference between men's and women's wages results also from the nature of the work performed by men and women. It also states that the number of women employed in managerial posts is lower, mainly because women are reluctant to undertake jobs that require long hours or demand a high level of responsibility. The report also cites other factors that contribute to the wage differential, including women's shorter period of professional work (which results from the possibility of earlier retirement), their work intervals stemming from maternity leave, their choice of less intense and less arduous professions, and women's less frequent availability for overtime or additional work. The Government acknowledges that in order to counteract the wage differential, particular activities to promote women into better paid areas and posts are required. It points out in this respect that, as women's lower wage levels determine the level of their social benefits (such as pensions), their situation in life is maintained at a weaker level, even after retirement.

2. The Committee has emphasized frequently that a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100. Most of the obstacles to equal remuneration, to which the Government refers, come within the scope of Convention No. 111 (ratified by Poland) and some others concern also Convention No. 156 (not ratified). Accordingly, the Committee hopes that the Government will consider how it might improve the application of this Convention through the implementation of measures which, though related to Convention No. 100, fall within the scope of other ILO instruments. The Committee would be grateful if the Government would continue to provide information indicating the measures being taken to reduce the wage differential between men and women.

The Committee hopes the Government will make every effort to provide the requested information in its next report.

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

The Committee notes the information provided in the Government's report.

1. The Committee notes that recent amendments made to the Labour Code (which came into force on 2 June 1996) include the introduction of provisions laying down equality between men and women (section 11.2) and non-discrimination on a number of grounds, including sex (section 11.3), as constituting basic principles of labour law, and that these principles are applicable to collective agreements, and to all rules, regulations and statutes determining the rights and responsibilities of parties to employment relationships. The Committee requests the Government to furnish copies of the fully amended Labour Code in due course.

2. The Committee notes that, although the amendments to the Labour Code have decentralized the wage regulation system, the legislation requires that remuneration be determined not only in accordance with the above-mentioned basic principles of equality, but also with reference to the kind of work performed, the skills required for its performance and the quality and quantity of work (section 78). The Committee also notes with interest from the Government's report that, in practice, public and private enterprises determine minimum rates of remuneration based on different methods of job evaluation, using as criteria for the differentiation of posts and wages, the factors of complexity of the work (including educational and professional qualifications and the need for innovation), the level of responsibility (including responsibility for the safety of other workers and contacts with external units), the arduousness of the work (physical, mental, psychoneurotic effort, including monotony) and working conditions. According to the report, the greater reliance on job assessment in classifying manual and clerical work is producing a more objective relationship between all of the posts in an enterprise, including between posts occupied by men and women, and is influencing the equalization of wages between the industrial and service industries. The decreasing role of the mining industry (dominated by men who receive relatively high wages) and the increasing role of the manufacturing and service industries (dominated increasingly by women) have also, according to the report, favoured an equalization of wages between men and women, although it is still the case that wage differentiation persists in particular sectors where female employment is exceptionally high and where remuneration is low, such as in publicly funded services - including health, education and the public administration. In its comments concerning the reasons for the current wage differentiation, the Government refers to the fact that women undertake lighter jobs than men in manual work. While noting that great efforts have obviously been made to ensure that gender-neutral factors are used in job evaluation schemes, the Committee observes that, in general, the factors used in job evaluation schemes often tend to favour one sex and the factors which are likely to be present in the jobs undertaken mainly by women are sometimes omitted and, therefore, not valued, as for example, the skills and responsibility necessary to care for patients or young children, organizational skills, communication and human relations skills and manual dexterity. Accordingly, the Committee asks that the Government consider the possibility of examining the job evaluation schemes in operation to ensure that the factors used capture all of the different aspects inherent in the work undertaken by both sexes. Please indicate whether, in addition to those services funded by the State, the "budgetary sphere" (referred to in the report) also encompasses such of those services which have now been privatized.

3. The report refers to a method of wage fixing for the state budgetary sphere, determined through the Act of 23 December 1994 on financial resources for wages in the state budgetary sphere (Official Bulletin of 1995, No. 34, Text No. 163). It is described as an attempt to counteract the tendency for low wages in that sector by instituting a tripartite mechanism for fixing average wages, which takes account of expected changes in the price of goods and services and of changes in the wages paid in enterprises. The Committee requests the Government to provide information on the extent to which this method has improved the level of wages in the state budgetary sphere and to furnish a copy of the legislation, which was not received with the Government's report.

4. The Committee notes that, in the lowest wage group, women outnumbered men in 1994 on a ratio of 1.5:1, which represented an improvement over the situation in 1991-92, when the ratio was 2:1. In addition to women's employment being exceptionally high in particular sectors where the wages are relatively low, the Government indicates that the difference between men's and women's wages results also from the nature of the work performed by men and women. It also states that the number of women employed in managerial posts is lower, mainly because women are reluctant to undertake jobs that require long hours or demand a high level of responsibility. The report also cites other factors that contribute to the wage differential, including women's shorter period of professional work (which results from the possibility of earlier retirement), their work intervals stemming from maternity leave, their choice of less intense and less arduous professions, and women's less frequent availability for overtime or additional work. The Government acknowledges that in order to counteract the wage differential, particular activities to promote women into better paid areas and posts are required. It points out in this respect that, as women's lower wage levels determine the level of their social benefits (such as pensions), their situation in life is maintained at a weaker level, even after retirement.

5. The Committee has emphasized frequently that a comprehensive approach in the area of equality of opportunity and treatment is of particular importance for the application of Convention No. 100. Most of the obstacles to equal remuneration, to which the Government refers, come within the scope of Convention No. 111 (ratified by Poland) and some others concern also Convention No. 156 (not ratified). Accordingly, the Committee hopes that the Government will consider how it might improve the application of this Convention through the implementation of measures which, though related to Convention No. 100, fall within the scope of other ILO instruments. The Committee would be grateful if the Government would continue to provide information indicating the measures being taken to reduce the wage differential between men and women.

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

The Committee notes the information and statistical data supplied by the Government in its report.

1. The Committee notes that the Constitution provides that women and men shall be paid according to the principle of "equal pay for equal work", and that the Labour Code, as amended in 1991, provides that employees shall receive remuneration for their work in accordance with its nature, quantity and quality.

The Committee thus notes that no reference is made in the Constitution, legislation or regulations to the principle of equal remuneration between men and women for work of equal value. It requests the Government to give consideration to including such a reference in future revisions of legislation or regulations. The Committee would be grateful if the Government would indicate the steps it has taken to apply the principle contained in the Convention through laws, regulations, wage-fixing machinery or collective agreements, and to supply copies of any such texts.

2. The Committee recalls that enterprises are responsible for determining the classification of workers. The Committee notes from the Government's report that state and private enterprises apply scales of work rates based on job evaluations using analysis and points or summary methods. The criteria reported to be used are: work complexity (skills), responsibility, arduousness of work (physical, mental and psychoneurological effort) and working conditions. The Committee asks the Government to provide information on the practical application of the job evaluations including the weighting of the criteria used and the effect, if any, on wage rates of posts held predominantly by women. Please also indicate whether the above-mentioned job evaluation methods and criteria are uniformly used in enterprises throughout the country, and if not, what efforts are being undertaken towards that end.

3. The Committee notes from the detailed statistics supplied by the Government that despite some progress in the equalization of women's remuneration levels as compared with those of men, the overall ratio of women to men is approximately 2 to 1 in the lowest wage groups, and approximately 1 to 3.5 in the highest wage groups. It further notes that women are least represented at the highest levels in the blue-collar posts. The Committee requests the Government to indicate the measures being taken to encourage the promotion of women into higher paying-level posts through activities such as training, retraining, women in management programmes, and occupation diversification programmes.

4. The Committee would appreciate receiving information from the Government on any policies which have been adopted, or national machinery which has been established, to promote equality of women, particularly as concerns their position in the labour market and remuneration levels.

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

1. The Committee notes from the Government's report that as a result of legislative amendments (abrogation of the Act of 26 February 1982 on socio-economic planning and consequent repeal of the Ministerial Order respecting job evaluation (Text No. 355, D.U. No. 61/90)) the legislation now in force provides for enterprises to carry out independently pay policies as well as determine the classification of workers according to the nature, quantity and quality of the work and the conditions prevailing in the enterprise. (Text No. 407, D.U. No. 69/90.) The Committee has also noted that according to the article enclosed with the Government's report ("Pay Equality of Women and Men in Poland" by Dr. Z. Czajka) the physical effort involved in work appears to be an important factor in differentiating wages between women and men.

The Committee requests the Government to indicate the measures taken to ensure that individual enterprises evaluate, describe and grade jobs according to criteria that take into account those factors most prevalent in the work done by women. Bearing in mind that only work of the same kind can be compared comparatively by the standards of quantity and quality, the Committee also asks the Government to specify more fully the criteria relied upon to compare the requirements of different work undertaken by women and men in the same enterprise. In regard to these questions, the Committee requests the Government to indicate whether the provisions to introduce uniformity into methods of job evaluation, as described in the Government's previous report, continue to be applied. (viz. Regulation No. 29 of the Minister of Labour, Wages and Social Affairs of 11 April 1987 (Text No. 2, D.U. No. 1/87).)

2. The Committee requests the Government to continue to provide information concerning trends in the male/female earnings differential.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest, from the detailed report supplied in reply to its previous request, that the Government has taken measures to implement job evaluation systems with a view to promoting the principle of equal pay for work of equal value. It notes in particular the Act of 17 June 1988, amending the Act of 26 January 1984 on the principles to be applied in establishing pay systems in enterprises; and the Act of 31 January 1989 on the financial means for remuneration in the budgetary, or public, sphere (replacing Order No. 49 of 10 February 1987, to which reference was made in the Committee's previous request).

In this connection it notes the statement in the report that job evaluation is carried out in accordance with uniform principles, resulting in a uniform table of basic pay.

The Committee also notes from the report that statistical data on the impact of the job evaluation scheme on pay should shortly become available, and it hopes the Government will communicate this information with its next report, along with information on any further developments.

2. The Committee also notes from the report that women's wages are lower than men's wages, as a high percentage of women are occupying low-paying jobs. It notes the statement that the data available confirm that the difference in wages of men and women results from the character of the work performed. The Committee recalls the basic principle of equal pay for work of equal value, and requests the Government to keep it informed in future reports of the evolution of women's and men's wages in this connection.