Poland – Equality 2nd NAP
2. Ministry of Development Funds and Regional Policy
Regulations on European Funds
[page 6]
“As in the years 2014-2020, projects implemented under national and regional Operational Programmes will have to contribute to ensuring equal opportunities for different target groups and thus comply with the applicable national and EU law. Currently, works are underway on the detailed provisions of the regulations relating to EU funds and setting out the directions for activities in this respect.”
Activities under the European Social Fund
[page 6-7]
“The scope of support under ESF+ is currently subject to arrangements and consultations.”
(…)
“Measures will also be implemented aimed at consolidating the principle of equal opportunities of women and men by supporting employers and employees, inter alia through involvement of social partners, as regards counteracting discrimination on the grounds of sex in the work place.”
(…)
“Ensuring greater availability of care facilities for children below the age of three is one of the key instruments influencing the professional situation of parents and carers, especially women, who are most often responsible for childcare. Increasing the reach of care institutions therefore has a positive impact on the issue of equal opportunities in the labour market. For this reason, ESF+ resources will be used to finance establishment and operation of nurseries, child clubs and day carers as well as activities ensuring high quality of care (such as trainings for personnel of care institutions).
Measures will also be implemented aimed at consolidating the principle of equal opportunities of women and men by supporting employers and employees, inter alia through involvement of social partners, as regards counteracting discrimination on the grounds of sex in the work place.”
3. Ministry of Economic Development and Technology
Implementation of the UN Sustainable Development Goals (2030 Agenda)
[page 13]
“Building partnerships and enhancing the dialogue with 2030 Agenda stakeholders, as well as striving to increase their real involvement in issues relevant for sustainable development – such as social responsibility, equality between women and men, ensuring decent work, sensitivity to climate change, sustainable consumption and production – will remain crucial”.
4. Ministry of Family and Social Policy
The first Polish Strategy for Persons with Disabilities 2021–2030
[page 18]
“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy.”
(…)
“Another priority area is ‘Accessibility’. Accessibility is one of the basic conditions for participation of persons with disabilities in social and professional life. For this group of people, it determines the possibility of performing social roles and leading an independent life. It also entails ensuring to persons with disabilities access, on an equal basis with others, to the physical environment, buildings, transportation, information and communications technologies and systems, and to other facilities and services.
The basic condition for effective social and professional activation in the case of persons with disabilities is also access to the educational system, hence ‘Education’ priority is another key area. Measures in this area will serve implementation of provisions of Article 24 of the Convention on the Rights of Persons with Disabilities, which indicates the obligation to realise the right of persons with disabilities to education without discrimination and on the basis of equal opportunity, while ensuring an inclusive educational system.”
[page 19]
“Another priority area of the Strategy is ‘Work’. Within this area, there are measures envisaged to foster greater professional activity of persons with disabilities and enhance possibilities of their employment in an open, inclusive and accessible work environment, pursuant to Article 27 of the Convention on the Rights of Persons with Disabilities. Measures within this area focus on: limitation of barriers in undertaking professional activity.”
[page 19-20]
“The last of the eight priority areas of the Strategy is ‘Coordination’. Implementation of the new state policy for supporting persons with disabilities requires appropriate institutional reform to remedy the diagnosed systemic problems. The measures designed within this priority area seek to establish a framework to ensure coherence of the system and development of cooperation between institutions dealing with problems of people with disabilities. The planned measures include, among others, reform of the disability degree certification system, development and implementation of an act on equal opportunities for persons with disabilities in the Polish legal system, coordination of systemic support for persons with disabilities, including in emergency situations, implementation of a complex system of data collection in the area of disability, greater inclusion of the disability issue in various areas of social policy, increasing protection of persons with disabilities against unequal treatment, extension of international cooperation.”
4. Ministry of Family and Social Policy
Update of the ‘Equality of Pay’ tool
[page 20]
“Over the next two years, an update of the tool for measuring the wage gap and its further dissemination among employers and social partners is planned through such measures as, among others, the organisation of regional trainings on the wage gap and the updated tool, realization of an awareness-raising campaign on the implementation of a transparent wage policy. These measures will be undertaken as part of the implementation of the ‘Good climate for quality jobs’ project funded under the Norwegian Financial Mechanism.”
10. Ministry of Culture, National Heritage and Sports
Implementation of the equal-treatment policy in sports
[page 28]
“The Ministry of Culture, National Heritage and Sports will continue to implement the policy of equal treatment in sports, ensuring that the UN Guiding Principles on Business and Human Rights are incorporated as widely as possible when planning and implementing ministerial programmes aimed at developing sports in Poland, both in grassroots and professional dimension. In particular, the following tasks will be implemented:
1. Preparing and publishing of a report on the situation of women in sports.
2. Implementing cyclical training courses for the Ministry’s employees and the Polish sports community on equal treatment of women and men in sports.´
The subject matter of the training will cover a wide range of issues related to equal treatment. Examples of specific support measures for the sports environment aimed at promoting women’s sports and international examples of good practice in counteracting discrimination and promoting equal treatment will also be presented.”
12. Public Procurement Office
The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)
[page 34]
“The new Public Procurement Law, which came into force on 1 January 2021 (Journal of Laws of 2021, items 1129 and 1598) introduces changes both in terms of existing instruments of a social nature, as well as completely new solutions aimed at increasing the extent to which social aspects are taken into account in the public procurement.”
(…)
“• Article 96, which provides for the possibility for the contracting body to specify in the contract notice or procurement documents contract performance requirements, which may include, among others, aspects related to employment of the unemployed, jobseekers, who do not remain in employment or do not perform other gainful employment, to-be self-reliant persons, adolescents, persons with disabilities or persons from other groups indicated in the provisions on social employment. These requirements may also cover other social aspects such as the promotion of decent work, respect for human rights and labour law, support for social inclusion (including of persons with disabilities), the social economy and SMEs, the promotion of equal opportunities and the principle of ‘accessible and designed for all’, including sustainable criteria along with consideration of fair and ethical trade,
• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected with the pursuit of social objectives in the description of the subject-matter of the contract, the contract award criteria and the contract performance requirements , in the criteria on which their award to certain products and services is based, refer, inter alia, to compliance with social and economic rights, such as guaranteeing adequate remuneration for work, protecting women’s rights and combating discrimination against them (equal pay, participation in decision-making), prohibition of forced labour and non-use of child labour, freedom of association, health and safety at work, contribution to the development of local communities. Said right of the contracting body is subject to the cumulative fulfilment of the conditions set out in Article 104 of the PPL,”
13. National Labour Inspectorate
Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies
[page 39]
“Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of oversight and inspection measures, as well as prevention and information.
Oversight and inspection activities are carried out as a result of, among other things, complaints, notices, and indications of irregularities sent to the National Labour Inspectorate, but also within the framework of inspections carried out in accordance with the Inspectorate’s action programme (thematic inspections), where issues of equal treatment and discrimination are addressed.
Inspections of employment agencies always include audits of the implementation of the prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, and religious denomination or trade union affiliation of individuals for whom the agency sought employment or other paid work. By verifying compliance with the law in relation to temporary workers, labour inspectors make sure that there has been no violation of the prohibition on unequal treatment of temporary workers – with respect to working conditions and other conditions of employment – as compared to workers employed by the employer in the same or a similar position.
As part of inspections concerning the legality of employment, labour inspectors examine issues related to respecting the principle of equal treatment and non-discrimination in access to employment. These activities are aimed at disclosing offences with regard to a refusal to employ a candidate for a vacant position or place of vocational training on the basis of their sex, age, disability, race, religion, nationality, political beliefs, ethnic origin, religious denomination, or sexual orientation. Most often, they involve the examination of job advertisements in which employers post illegal criteria for people who apply for employment, where the nature of the work does not justify their use (e.g., relating to sex or age).
Labour inspectors also check compliance with the principle of equal treatment of foreign nationals in terms of working conditions and other conditions of employment, compared to Polish citizens employed in corresponding or similar positions.
Promotion of the idea of equal treatment and non-discrimination in the labour market, especially with respect to foreign nationals, is supported by projects co-financed from European funds, as well as PIP publications (leaflets, brochures, guides) addressed to a wide audience.”
Appendix 1 (information material prepared by the Ministry of Justice)
Trainings 1
[page 42]
“Topic: Claims under bank agreements, reference No C23/21 Specific issues discussed during the training include, among others: judicial control of the content of credit agreements, abusive clauses in credit agreements and their consequences, foreign currency denominated and indexed credits, claims under other bank agreements.”
Trainings
[page 44]
“In line with the recommendations of the Polish Institute of Human Rights and Business, the Ministry of Justice requested that the National School of Judiciary and Public Prosecution consider including the following training courses in the schedule of training activities for 2021-2024:
– for judges, assessor judges and assistant judges on the issue of discrimination and anti-discrimination legislation,
– for employees of the judiciary who are in contact with citizens as regards dealing with persons who lack sufficient legal knowledge (in particular on simplifying explanations regarding complex legal issues).
In addition, the following training events covering the above-mentioned topics have already been scheduled in the schedule of training activities of the National School of Judiciary and Public Prosecution
1.Training M9/21 European Union anti-discrimination law. Since 2003, the Academy of European Law in Trier (ERA) organises annual seminars on European anti-discrimination directives, adopted under Article 19 of the EC Treaty, i.e. Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. Specific issues: among others, the effects of EU law on the legal order of Member States; EU anti-discrimination legislation and definition of key concepts:
direct discrimination, indirect discrimination, harassment, burden of proof in discrimination cases; remedies and sanctions in anti-discrimination law; the role of the national judge and the preliminary ruling procedure; the prohibition of age discrimination in the light of CJEU case law.”
Appendix 2 (information of the Ministry of Foreign Affairs)
Recommendations
[page 47]
“In their activities supporting Polish entrepreneurs, public procurement and development aid projects implementation, Polish foreign missions are guided by the following principles requiring them to:”
(…)
“- avoid all forms of discrimination in the recruitment process, to strive for a balance in terms of sex, religion and national and ethnic origin, respecting the principle of decent wages and the provision of the necessary insurance, and use the services of specialist employment agencies where appropriate”