Maternity Protection Convention (Revised), 1952 (No. 103) - Poland (Ratification: 1976)

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

The Committee takes note of the observations of the Independent and Self-Governing Trade Union “Solidarnosc”, received on 7 September 2023 and of the Government’s reply in this respect.

Article 6. Prohibition of termination of employment contracts during the period of maternity leave. The Committee takes note of the observations provided by “Solidarnosc” indicating that an employment contract concluded for a fixed-term or for a trial period exceeding one month, is extended until the date of childbirth. However, this guarantee is not applied to women with fixed-term contracts which aim at replacing an absent employee at work. The Committee notes the information provided by the Government in this respect that such an exception exists in accordance with section 177, paragraph 3, of the Labour Code, and that parties entering a replacement employment contract are fully aware of its limited duration. In this regard, the Committee recalls that the prohibition stated in Article 6 of the Convention aims to guarantee all rights arising from the employment relationship during maternity leave, whether acquired or in the course of acquisition. In this respect, the Committee wishes to emphasize that a fixed-term contract which expires during maternity leave must be extended until the end of the maternity leave, regardless of the reasons for which such contracts were concluded. In this context, the Committee requests the Government to indicate the measures taken or envisaged to ensure that national legislation reflects the requirements of Article 6 of the Convention.

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

Article 6 of the Convention. In response to the Committee's previous comments, the Government indicates that the provisions under section 177(1) of the Labour Code ensures adequate employment protection for women who are pregnant or absent on maternity leave to the extent that, under this section, women who are pregnant or absent on maternity leave may not be given notice of dismissal or dismissed under previous notice, irrespective of grounds for such termination. However, such dismissal may be possible, upon agreement with the trade union organization represented in the enterprise, if the woman employee has given grounds for such termination. The Government emphasizes that this dismissal procedure may only be applied in certain cases, namely: (a) if the woman employee commits a serious violation of her basic obligations as a worker; (b) if the woman employee commits an offence during the term of her contract which prevents her from continuing in her employment and as far as it is manifest, or established by an enforceable decision, that she had committed the offence; (c) if the woman employee ceases for reasons within her control to fulfil the necessary conditions to carry out the duties required by the position that she occupies. The Government adds that the legislator has also provided for protective mechanisms to prevent the abuse of this procedure.

The Committee notes this information. It also notes that the cases of dismissal of an employee who is pregnant or absent on maternity leave, authorized under section 177 of the Labour Code, are those laid down in section 52 of the Labour Code as justifying dismissal without notice in case of fault.

In this respect, the Committee recalls that Article 6 of the Convention prohibits notice of dismissal being given to a woman absent from work on maternity leave or at such time that the notice would expire during such absence, without referring to the possibility of authorizing the dismissal under certain particular or exceptional circumstances, for a reason which the national legislation considers as justifiable. The Committee nevertheless would like to emphasize that protection provided under this provision of the Convention concerns maternity leave only and not the complete duration of the pregnancy, as provided for under section 177 of the Labour Code. Article 6 of the Convention, therefore, does not prohibit the employer from immediately terminating (without due notice) the contract of a woman employee who is pregnant when she has not yet taken maternity leave and when there are justifiable reasons to do so. Moreover, if circumstances substantiating the termination of the contract for justifiable reasons are invoked during the employee's maternity leave, the notice of dismissal will be suspended for the duration of the protection period provided for under Article 6 of the Convention. The Committee hopes therefore that the Government will re-examine the question in light of the above comments and requests the Government to indicate whether, and under which provision, an employee who has been dismissed under the application of section 177 of the Labour Code during her maternity leave would continue nevertheless to receive maternity benefits provided for by national legislation, in conformity with the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 6 of the Convention. The Committee notes the information supplied by the Government in reply to its previous comments. It notes in particular that the question of the termination of a woman worker's contract of employment during her pregnancy or maternity leave is considered by the Committee for the Labour Law Reform functioning at the Ministry of Labour and Social Policy. In this connection the Committee once again draws the Government's attention to the need to amend section 177, paragraph 1, of the Labour Code in order to ensure its full conformity with this provision of the Convention, which prohibits giving notice of dismissal to a woman while absent from work on maternity leave, or at such a time that the notice would expire during such absence. The Committee hopes that the next report of the Government will contain information on the progress made in this respect.

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

Article 6 of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, that as a result of the amendment (by the Act of 7 April 1989) of section 177, paragraph 1, of the Labour Code, the termination of a woman worker's contract of employment without notice through her own fault during her pregnancy or maternity leave is now possible only if the works council has given its consent to such termination; in case the works council refuses its consent, the manager is no longer entitled to apply to the organisational unit above the establishment.

The Committee would like to draw the Government's attention once again to the fact that Article 6 of the Convention prohibits giving notice of dismissal in any circumstances to a women while absent from work on maternity leave or at such a time that the notice would expire during such absence.

The Committee can only reiterate its hope that the Government will take the necessary measures in order to bring the national legislation into full conformity with this provision of the Convention.