Background information

The government draft amendment of the Act on Social Dialogue Council of (RDS) ignores conclusions and proposals of social partners - according to the Confederation Lewiatan's statement. The draft law does not take into account social partner's postulates made during public consultations, even though they do not challenge the planned modification of the law in its entirety. This is yet another instance of governmental attempts to curb social dialogue institutions whilst COVID-19 pandemics is underway. In 2020, by virtue the Article 46 of the Anti-Crisis Shield 1.0 Prime Minister was supposed 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”, see case PL-2020-13/1158 .

Content of measure

The proposals contained in the draft law concern, among others, provisions related to the accession and withdrawal from RDS of a representative trade union organisation or an organisation of employers, the determination of the number of representatives of the employees' and employers' sides, and the appointment of RDS chairperson. The new proposals also cover the issues of rationalising the costs of functioning of the Council and the introduction of an obligation for its members to submit a vetting statement.

Social partners made proposals to regulate the rules of parliamentary project consultations, to strengthen the institution of public hearings and to specify the criteria of representativeness. The partners also unanimously indicated the need to strengthen the position of the Council and improve the conditions for its functioning.

Use of measure

The statement addresses the fact that social partners' postulates are ignored. It is only a voice, which the government does not have to acknowledge.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	Applies to all citizens

Actors and funding

Actors	Funding
Social partners jointly	No special funding required

Social partners

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:

• Social partners jointly
• Main level of involvement: Peak or cross-sectoral level

Involvement

The statement is a result of the social partner's initiative. Specifically speaking, it is an action taken directly by one central-level social partner organisation but summarizing proposals made by all social partners seating in the RDS.

Views and reactions

It is the social partner's initiative.

Sources

• 31 March 2020: The Act of 31 March 2020 amending the Act on the System of Development Institutions (prawo.sejm.gov.pl)
• 22 January 2021: Nowelizacja ustawy o RDS nie uwzględnia propozycji partnerów społecznych (konfederacjalewiatan.pl)
• 25 January 2021: Rząd chce zmian w przepisach o dialogu społecznym, partnerzy mają zastrzeżenia Czytaj więcej na Prawo.pl: https://www.prawo.pl/kadry/projekt-nowelizacji-ustawy-o-rds-jakie-propozycje-zmian-w,505999.html (www.prawo.pl)