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

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

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.