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Factsheet for measure PL-2020-40/1633 – Updated – measures in Poland
Country | Poland , applies nationwide |
Time period | Open ended, started on 30 September 2020 |
Context | COVID-19 |
Type | Non-binding recommendations or other texts |
Category |
Employment protection and retention
– Other |
Author | Jan Czarzasty (Warsaw School of Economics) and Eurofound |
Measure added | 30 December 2020 (updated 16 August 2021) |
Following the spring outbreak of COVID-19 and hasty implementation of anti-crisis government policies, virtually no social dialogue at the central level has been taking place. The situation became even more tense after an attempted move by the government to limit the autonomy of the Social Dialogue Council (RDS), the central tripartite body see case PL-2020-13/1158 .
In late summer the climate started to improve somewhat see case PL-2020-10/1378 and in late September RDS met for the first time in several months, which resulted in a series of bipartite (employee and employers sides, no government) resolutions on vital issues of the body's interest in the current situation.
This entry is about the Resolution no. 89. The Resolution expresses disapproval for the intended job cuts and steps that may lead to deterioration of employment conditions in the central public administration (government), especially in the Chancellery of the Prime Minister, offices supporting cabinet ministers, offices supporting government administration bodies in voivodships, as well as in units subordinate to and supervised by the Prime Minister, a relevant cabinet minister or a voivode.
The Resolution 9 does not include any specific postulates, as its main purpose is to protest against governmental plans which are seen as not only anti-employee in their essence (lay offs and increased workload on the staff that would remain in employment) but also potentially harmful for the state and society. Furthermore, social partners express their disappointment with the government failing to observe the rules of social dialogue, as the planned measures were not subject to tripartite consultations.
The controversial regulations criticised by the RDS include in particular Art. 15zzzzzo. 1) If the negative economic effects of COVID-19 cause a state of threat to the state's public finances, in particular an increase in the state budget deficit or state public debt higher than assumed in the Budget Act, the Council of Ministers, at the request of the Head of the Chancellery of the Prime Minister, approved by the Head Civil Service, may, by regulation, determine the type of solutions applied in the field of limiting the personnel costs of in the entities listed in art. 15zzzzzp par. 1, taking into account the needs of the state budget, as well as the need to ensure the proper performance of government administration tasks. 2) Fulfillment of the obligation to reduce employment referred to in art. 15zzzzzo par. 2, subpar. 1, is to be reached by reducing the number of jobs in the entity by a number which is a ratio of the employment reduction rate and the average number of jobs.
The following updates to this measure have been made after it came into effect.
02 August 2021 |
Following the adoption on the controversial regulation in March, trade unions requested the Constitutional Court to check whether the provision did not violate the Constitution. The Constitutional Court refused, which means that in August 2021, the regulation remains in place (until the state of pandemic is over) and can be put into action anytime by government decree. |
The bipartite resolutions have declaratory power and symbolic meaning only, as government does not have to acknowledge any postulates of social partners expressed in such form.
Workers | Businesses | Citizens |
---|---|---|
Employees in standard employment
|
Does not apply to businesses | Does not apply to citizens |
Actors | Funding |
---|---|
Social partners jointly
|
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 | Consultation through tripartite or bipartite social dialogue bodies | Consultation through tripartite or bipartite social dialogue bodies |
Social partners' role in the implementation, monitoring and assessment phase:
The resolution emerged as a result of the social partner's initiative.
The resolution emerged as a result of the social partner's initiative.
This case is sector-specific (only public sector)
Economic area | Sector (NACE level 2) |
---|---|
O - Public Administration And Defence; Compulsory Social Security | O84 Public administration and defence; compulsory social security |
This case is not occupation-specific.
Citation
Eurofound (2020), Social partners address economic challenges: central government, measure PL-2020-40/1633 (measures in Poland), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PL-2020-40_1633.html
19 May 2022
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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.