Factsheet for case PL-2020-13/1158 – measures in Poland
|Country||Poland , applies nationwide|
|Time period||Open ended, started on 28 March 2020|
|Type||Other initiatives or policies|
Promoting the economic, labour market and social recovery
|Author||Jan Czarzasty (Warsaw School of Economics) and Eurofound|
|Case created||18 September 2020 (updated 21 September 2020)|
In the anti-crisis legislation known as the Anti-crisis Shield, the government included regulations allegedly violating the autonomy of the Social Dialogue Council and of social partners themselves. The controversial provisions introduced amendments to the Social Dialogue Council Act (Article 46 of the Anti-crisis Shield). All national level social partners protested against the new regulations in a joint protest signed by all eight representative organisations.
By virtue the Article 46 of which the Prime Minister would gain the right to dismiss any member of the central level tripartite body if he/she commits an act of “misappropriation of the Council's activities, leading to the inability to conduct transparent, substantive and regular dialogue between employees 'and employers' organizations and the government”.
In the position, the signatories argue that "Independence and autonomy of trade union organisations and employer organizations is the foundation of social dialogue, guaranteed not only by national legislation, but also by international law, including the Constitution of the International Labor Organisation and the Treaties of the European Union. Giving such right to the government body - the Prime Minister - is an attack on independence of trade unions and employer organisations".
The protest by all national level social partners against the new regulations met with understanding reaction of the President of Poland who signed the Special Act but at the same time requested the Constitutional Court to review legality of the controversial clauses. That means they are suspended for the time being.
|Applies to all workers||Applies to all businesses||Applies to all citizens|
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||Agreed (outcome) incl. social partner initiative||Agreed (outcome) incl. social partner initiative|
|Form||Any other form of consultation, institutionalised (as stable working groups or committees) or informal||Any other form of consultation, institutionalised (as stable working groups or committees) or informal|
Social partners' role in the implementation, monitoring and assessment phase:
All national-level social partners signed the protest. It was their own joint initiative.
It was joint initiative of all national-level social partners.
Eurofound (2020), Social partners protest against government's attempt to breach their autonomy, case PL-2020-13/1158 (measures in Poland), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.