Poland – Workers’ Rights 2nd NAP

By Daniel Morris | 13. February 2024

2. Ministry of Development Funds and Regional Policy

Activities under the European Social Fund

[page 6-7]

“The scope of support under ESF+ is currently subject to arrangements and consultations.”

(…)

“On the one hand, it is the duty of employers to enable and facilitate improvement of professional qualifications of their employees necessary for them to perform their work. On the other hand, employers should also support the general intellectual development of employees. Moreover, every person has the right to education, to improve their skills or acquire new ones. This brings benefits both in the sphere of personal development of an individual, but also, for example, increases their chances on the labour market – to get a (new) job or to improve the conditions of employment (e.g. promotion to a higher position). ESF+ resources may be used, among others, to co-finance:

a) participation of employees and entrepreneurs in trainings and counselling, tailored to their needs, in the context of current socio-economic challenges (including digital transformation, industry 4.0, innovation)”

(…)

“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.”

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 10]

“The plans of the Working Group include, among others, the following activities:

– promotion of the handbook entitled: “Forced labour. A Guidebook: how to recognise and combat it” consisting in a wide-ranging e-mailing of the handbook, mailing of the paper version and organisation of webinars on the tools presented in the handbook. Information on the tools developed in the handbook will also be provided during meetings and trainings addressed to entrepreneurs organised by the Advisory Board for Sustainable Development and Corporate Social Responsibility,

– promotion of the handbook entitled: “CSR Guidebook to Safe and Sustainable Work Environment” consisting in distribution of the handbook in both electronic and printed versions and by establishing cooperation with centres and institutions dealing with the labour market in Poland in order to discuss the issues included in the handbook and the needs for changes in the Polish labour law system”

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

Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY

[page 15]

“The document includes a separate area on creating conditions for tapping the potential of the older persons as active participants of economic life and the labour market, adjusted to their psychophysical capabilities and family situation, which is implemented through:”

(…)

“1. creating incentives for older persons to remain in the labour market;”

(…)

“Preventing economic (increasing social security), digital and technological exclusion of older persons will be implemented through strengthening the position of those persons in the labour market in order to ensure decent income from the work performed and subsequent pension benefits, in particular through:”

(…)

“supporting unemployed and job-seekers in older age groups in accessing professional activation programmes offered by job centres”.

[page 16-17]

“The aforesaid measures are aimed at strengthening the position of older persons in the labour market and have an impact on reducing the risk of their exclusion. Special focus should be given to social groups of older persons who are most at risk of economic exclusion (among others, older persons leaving penal institutions). As regards economic exclusion, obtaining income from work is of major importance. Activities of an educational nature, in turn, are conducive to reducing digital and technological exclusion.

Creating incentives for older persons to remain in the labour market will be implemented by creating a broad offer addressed to those persons, which includes:

– introducing flexible forms of work for older persons (including, inter alia, part-time work, telework, home office, flexible working hours in agreement with the employee) on a large scale;

– providing support for social economy entities employing older persons;

– promoting continuation of work in other forms such as coaching, tutoring, and mentoring. Tapping the potential of older persons requires creating a wide range of possible forms of providing work, including on a full-time or part-time basis. The social policy for older people should strive to create conditions and highlight the benefits resulting from prolonging the period of employment.”

(…)

“Tapping the potential of older persons requires creating a wide range of possible forms of providing work, including on a full-time or part-time basis. The social policy for older people should strive to create conditions and highlight the benefits resulting from prolonging the period of employment.

Promoting the principles of corporate social responsibility and age management among employers will be implemented through:

– conducting information campaigns, trainings for employers on the benefits following from employment of an older person;

– creating an image of an economically active older person in the social and media space;

– promoting flexible forms of employment among employers;

– promoting good practices and sharing experiences in this area. Age management brings tangible benefits to both employees and employers, which are important on a macro-social scale.”

(…)

“Promoting knowledge of the principles of the silver economy among commercial and non-commercial entities is an important task primarily in the context of the need to ensure sustainable development. Awareness of the principles governing the silver economy will allow employers to adjust their offer to the changing expectations of the market, which, in turn, will create an opportunity to increase the competitiveness of the Polish economy.”

4. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 17-19]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy.”

(…)

“The third stage of the process will be to ‘ensure universal availability of basic services in areas such as education and training, employment, housing, health care and transport to all children and adults in need of support’. It is important for the successful implementation of the deinstitutionalisation process that it takes place with an adequate involvement of the local community, including in particular organisations of persons with disabilities and social and solidarity economy entities (SSEE). Concomitant with the deinstitutionalisation process will be the process of reforming entities dealing with social services, inter alia through establishing Social Services Centres. Another important factor in this respect will be facilitation of access of persons with disabilities to information on support offer available to those persons so that comprehensive, reliable and up-to-date information on this subject is provided by employees of entities dealing with social services.”

(…)

“It provides for, among others, the following measures:

development of inclusive education, including development of legislative and organisational solutions aimed at ensuring accessibility and enhancing the quality of inclusive education,
preparation for entering the labour market inter alia through supporting the process of transition between the educational stages and transition from the educational system to the labour market

…

creation of environment conducive to effective professional activation of persons with disabilities through, for instance, ensuring specialised advisory in the scope of available instruments of professional activation of persons with disabilities and in the scope of obligations of employers following from their employment for institutions of the labour market,”

(…)

“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.”

4. Ministry of Family and Social Policy

Update of the ‘Family and work’ platform

[page 21]

“Over the next two years, a number of further measures are planned in the area related to work-life balance in connection with the implementation of the ‘Good climate for quality jobs’ project with funding provided under the Norwegian Financial Mechanism. The plans involve, among others, an update and further development of the rodzinaipraca.gov.pl platform, as well as large-scale awareness-raising activities among employers, employees and the general public (including awareness-raising campaign, nationwide meeting of fathers, competition for employers creating friendly workplaces for working parents).”

Implementation of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU

[page 21]

“Following the entry into force of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, it will be necessary to make systemic changes to Chapter 8 of the Labour Code on employees’ rights related to parenthood in the context of the implementation of the provisions of this Directive into Polish labour law. At that point, further solutions will be considered to facilitate achieving work-life balance by employees. The deadline for implementing the Directive into national legal systems has been set for 2 August 2022.”

Implementation of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union

[page 21]

“Following the entry into force of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, amendments to the Labour Code will be called for, primarily with regard to informing employees on their terms and conditions of employment. The Directive is to be implemented by 1 August 2022.”

The right to a fair wage

[page 21-22]

“According to Article 23(3) of the Universal Declaration of Human Rights, ‘everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection’. This right was clarified in Article 7 of the International Covenant on Economic, Social and Cultural Rights. The establishment of a minimum wage and an hourly minimum wage for certain civil-law contracts represents an instrument that furthers this goal. These issues are regulated by the Act of 10 October 2002 on Minimum Remuneration for Work (Journal of Laws of 2020, item 2207). According to the law, the minimum remuneration is, annually, the subject of negotiations in the Social Dialogue Council, consisting of representatives of the government, employees (trade unions), and employers (employers’ organisations). In the event of disagreement in the Social Dialogue Council, the decision 22 on the amount of minimum remuneration is taken by the Council of Ministers. The amount of the minimum remuneration for work is adjusted annually to reflect the increase in the minimum remuneration for persons employed on the basis of an employment contract. From 1 January 2021, the amount of the minimum remuneration for employees (i.e. persons employed on the basis of an employment relationship) is PLN 2,800, and the minimum hourly rate for persons performing work on the basis of particular civil law contracts is PLN 18.30. Remuneration below the minimum wage constitutes a violation of employee rights. Each increase of the minimum wage translates into actual improvement of the situation of the lowest-paid workers.”

6. Ministry of Justice

Proposal of a definition of forced labour

[page 25]

“The Ministry of Justice has received the material developed within the framework of the Working Group for Relations with Individuals Performing Work of the Advisory Board for Sustainable Development and Corporate Social Responsibility – an auxiliary body of the Minister of Investment and Development, containing a proposal for the definition of forced labour. The Ministry of Justice will examine the possibility of working on the criminalisation of forced labour as a prohibited act positioned between the violation of labour rights and trafficking in human beings.”

Mediation

[page 25]

“The main objective of the project entitled ‘Popularization of Alternative Dispute Resolution methods through increasing the competences of mediators, creation of the National Register of Mediators (KRM) and information activities’ is to professionalise the profession of mediator by establishing the National Register of Mediators (KRM) and conducting a cycle of mediation trainings within the Integrated Qualification System, as well as to improve knowledge on e-mediation and possibilities of using it in commercial and labour disputes.”

(…)

“Measures planned as part of this project will contribute to the implementation of the detailed objective of the OP KED, i.e. Improving the quality of issued judgements and increasing the effectiveness of their enforcement. Achieving the specific objective will be possible through creating the National Register of Mediators, improving mediators’ competences as part of training carried out in the standards of the Integrated Qualification System and the above-mentioned webinars on the subject of ODR (e-mediation) and labour and commercial mediation, as well as promotional activities in the field of mediation and the created Register.”

7. Ministry of the Interior and Administration

Combating the phenomenon of trafficking in human beings for forced labour

[page 26]

“1. Building awareness of the threat of exploitation and forced labour, e.g. through poster campaign, information meetings.

2. Developing guidelines for labour inspectors on the methodology of conducting control activities in cases where there is a suspicion of trafficking in human beings, in particular forced labour, and implementing them.”

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.

Among the new solutions in the Public Procurement Law, which – in addition to the regulations already existing in this respect – are aimed at supporting the implementation of social policy objectives within the framework of public procurement, the following, inter alia, should be mentioned:

“• Article 94, according to which the contracting body may stipulate in the contract notice that only economic operators having the status of a sheltered workshops, social cooperatives and other economic operators whose main purpose or main purpose of the activities of their organisational units that will perform the contract is the social and professional integration of socially marginalised persons, in particular persons with disabilities, the unemployed, jobseekers, who do not remain in employment or do not perform gainful employment, to-be self-reliant persons, persons deprived of liberty or released from prisons, persons with mental disorders, homeless persons, persons who have obtained refugee status or subsidiary protection in the Republic of Poland, persons under the age of 30 and over 50 years of age with job-seeker status, without employment and persons who are members of disadvantaged minorities, in particular members of national and ethnic minorities pursuant to the regulations on national and ethnic minorities and on regional language or persons who are members of groups that are otherwise socially marginalised, provided that the percentage of employment of persons belonging to one or more of the aforesaid categories is not less than 30% of the persons employed by the economic operator or in its unit that will perform the contract,

• Article 95, according to which the contracting body shall specify in the contract notice or procurement documents for service or construction works the contract performance requirements related to employment by the economic operator or subcontractor under an employment contract of persons performing activities within the contract performance, specified by the contracting body, if the performance of these activities involves the performance of the work in a manner specified in Article 22 § 1 of the Act of 26 June 1974 – the Labour Code. The regulation in question is aimed at limiting the avoidance by entrepreneurs of the use of employment contracts in favour of civil law contracts in cases where the use of the former is required by law. Strengthening the implementation of the provisions of the Labour Law in respect of public contracts performance by obliging the contracting body to establish employment based on an employment relationship, if there are premises for it indicated in the Labour Code, entails an improvement in terms of quality and stability of employment,

• 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,”

(…)

“• Article 224(3) which provides that one of the elements that the contracting body shall examine in the event that the offered price or cost, or their essential components, appear to be abnormally low in relation to the subject-matter of the contract or raise doubts of the contracting body as to performance of the subject-matter of the contract, is the compliance of the tender with labour law and social security provisions applicable in the place where the contract is performed. At the same time, the value of labour costs used by the economic operator for determining the price shall not be lower than the minimum wage for work specified under the provisions on minimum wage,”

11.National Labour Inspectorate

[page 35]

“The National Labour Inspectorate (PIP) is an authority established in order to oversee and verify the observance of labour law, in particular occupational health and safety rules and regulations. During the implementation of its statutory tasks, the National Labour Inspectorate cooperates with specialised authorities for supervision and inspection of working conditions, trade unions, employers’ organisations, workers’ self-government authorities, workers’ councils, social labour inspections, public employment services and state administration authorities, particularly authorities for overseeing and inspecting working conditions, the Police, the Border Guard, customs authorities, revenue offices, and the Social Insurance Institution, as well as local self-government authorities.”

Statutory tasks

[page 35-36]

“The statutory tasks of the National Labour Inspectorate include, in particular:

– oversight and verification of labour law compliance by employers, in particular occupational health and safety rules and regulations;

– inspection of goods placed on the market or commissioned for use as regards their compliance with essential or other requirements of occupational health and safety;

– taking actions aimed at preventing and reducing hazards in the working environment;

– lodging complaints and participation in legal proceedings for the establishment of an employment relationship before labour courts, if the legal relationship between the parties fulfils the criteria of an employment relationship;

– issuing and revoking permission for a child to perform work or engage in other gainful activity until they reach the age of 16;”

(…)

“- cooperation with other European Union Member States’ authorities competent for the supervision of employment and working conditions.

The National Labour Inspectorate inspects the legality of employment and other paid work (also by foreigners), payment of contributions to the Labour Fund, and running employment agencies in accordance with the terms and conditions laid down in the laws governing the promotion of employment and labour market institutions.

Some of the PIP’s competencies derive from special provisions. These tasks include:”

“- recommending that the competent Social Insurance Institution’s organisational unit increases the accident insurance premium rates (set for the next premium year) if a labour inspector finds serious violations of the health and safety regulations during two consecutive inspections;”

(…)

– ordering the establishment of occupational health and safety services or an increase in the number of service staff, if justified by occupational hazards discovered during an inspection.

“The authorities of the National Labour Inspectorate take part in the decision-making (granting permission) process on the organisation of permanent work sites below ground level and on the use of only electrical lighting in permanent work areas. In addition to the above-mentioned tasks, the National Labour Inspectorate has an important impact on the working conditions of individuals performing work on a basis other than an employment relationship and on enforcement of the payment of the minimum hourly rate for mandate contracts (Article 734 of the Civil Code) or service contracts to which the provisions on mandate apply (Article 750 of the Civil Code), which are applicable to natural persons who do not conduct an economic activity and to natural persons engaged in an economic activity acting individually and personally while performing contractual tasks”.

Powers of PIP authorities

[page 36-37]

“The National Labour Inspectorate’s bodies include: labour inspectors, regional labour inspectors, and the Chief Labour Inspector. Labour inspectors have the right to conduct an inspection with respect to the observance of the provisions of labour law, and in particular occupational health and safety, without prior notice, at any time of day or night. In the event that a violation of the regulations concerning labour law is found, the competent labour inspector is entitled to issue legal remedies (improvement notices, oral instructions, oral and written decisions) aimed at removing any irregularities (including the possibility of ordering the cessation of operations or operations of a particular nature).”

(…)

“In addition, the powers and competencies of a labour inspector include:

– imposing fines in the form of penalty tickets and lodging motions with a court of law to punish the parties responsible for violation of employee rights as specified in the Labour Code and petty offences referred to in Articles 119-123 of the Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions, as well as for other offences related to gain.”

Supervisory and inspection activities

[page 37]

“The oversight and inspection activities of the National Labour Inspectorate in the observance of labour law, in particular the provisions and regulations of occupational health and safety, focus on eliminating or at least significantly reducing occupational hazards in the work environment. Oversight and inspection activities are carried out in accordance with an annual and long-term (three-year) action plan, based on an analysis of the results of previous inspections, as well as the Parliament’s comments and observations, and recommendations by trade unions, employer organisations, ministries and central offices, authorities supervising and inspecting working conditions, and research institutes.

Priority is given to inspections of employers with a particularly high occupational risk associated with the presence of factors which are dangerous, harmful, and damaging for health. Moreover, inspection activities are undertaken as a result of requests for inspection by social partners and other public administration authorities, as well as complaints and petitions addressed to the Inspectorate’s organisational units.

One of the tasks of the National Labour Inspectorate is to investigate the circumstances and causes of accidents at work. Fatal, serious, and collective accidents are investigated, as reported by employers (pursuant to Article 234 § 2 of the Labour Code), as well as by other authorities.

The National Labour Inspectorate actively supports employers’ involvement in issues concerning safety and working conditions, as well as employee participation, both in its oversight and inspection capacity and in its preventive and promotional activities. These include seminars, conferences, and training meetings with employers involved in permanent workplace safety improvement programmes (enhanced oversight in industrial establishments, regular inspections in construction, rail infrastructure, forestry, and mining sectors).”

Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour

[page 38]

“National Labour Inspectorate services play an important role in combating trafficking in human beings, including trafficking for forced labour. (…) At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration and in the works of the Unit’s Working Groups. The National Labour Inspectorate carries out tasks under the National Action Plan against Trafficking in Human Beings (currently for 2020-2021) and reports annually on their implementation to the Ministry of the Interior and Administration. In addition, selected labour inspectors from regional labour inspectorates participate in the work of Voivodship Units for Preventing Trafficking in Human Beings. The National Labour Inspectorate will continue to carry out tasks in this area as part of the currently designed National Action Plan against Trafficking in Human Beings for 2022-2024. Their scope has not been determined yet. It should be assumed that under the new NAP, cooperation with the Ministry of the Interior and Administration within the Unit for Preventing Trafficking in Human Beings on the central level will continue, on the local level – within Voivodship Units for Preventing Trafficking in Human Beings, as well as training activities addressed to PIP employees in the area of this issue, and cooperation with the Border Guard.

Within the framework of the supervisory and inspection tasks, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors verify whether there are indications of forced labour at an inspected establishment, a phenomenon which is characterised by taking control over an employee and results in a violation of human rights. In order to evaluate and identify potential victims of trafficking, especially for forced labour, a number of indicators are used (developed by both ILO and the Ministry of the Interior and Administration), such as the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime.”

Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour

[page 38]

“National Labour Inspectorate services play an important role in combating trafficking in human beings, including trafficking for forced labour. As part of its competencies, the National Labour Inspectorate is included in a group of institutions and organisations carrying out tasks to counteract this phenomenon. At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the 38 Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration and in the works of the Unit’s Working Groups.

The National Labour Inspectorate carries out tasks under the National Action Plan against Trafficking in Human Beings (currently for 2020-2021) and reports annually on their implementation to the Ministry of the Interior and Administration. In addition, selected labour inspectors from regional labour inspectorates participate in the work of Voivodship Units for Preventing Trafficking in Human Beings. The National Labour Inspectorate will continue to carry out tasks in this area as part of the currently designed National Action Plan against Trafficking in Human Beings for 2022-2024. Their scope has not been determined yet. It should be assumed that under the new NAP, cooperation with the Ministry of the Interior and Administration within the Unit for Preventing Trafficking in Human Beings on the central level will continue, on the local level – within Voivodship Units for Preventing Trafficking in Human Beings, as well as training activities addressed to PIP employees in the area of this issue, and cooperation with the Border Guard.

The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 and 2018 served as an instrument to strengthen the capacity of labour inspectors to respond to the illegal employment of foreign nationals and to the phenomenon of trafficking in human beings. The agreement offers a basis for cooperation primarily in undertaking joint inspections by Border Guard officers and labour inspectors, and for exchanging information on violations of the law concerning foreign nationals, including cases of their illegal employment. Effective combating of crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms of cooperation and exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis of an agreement concluded in 2014 and 2017. Training courses are conducted at the National Labour Inspectorate Training Centre in Wrocław to help improve the qualifications of the inspectorial staff involved in the activities related to the issues in question.

The procedure for handling complaints by PIP authorities is an important tool in the prevention of trafficking in human beings for forced labour and violations of labour rights of foreign nationals. Complaints that suggest the need for immediate action are examined first.”

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 38-39]

“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.”

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]

Receiving, processing, and handling complaints and applications before the PIP

[page 39-40]

“The subject of a complaint may be, in particular, violation of the rule of law or the interests of complainants, negligence or improper performance of tasks by the authorities or employees of the National Labour Inspectorate, as well as protracted handling of cases; violation of labour law provisions, including the provisions of occupational health and safety and legality of employment, directly affecting the complainant. The subject of an application, in turn, may be, in particular, matters concerning improvement of the organisation, strengthening the rule of law, streamlining work and preventing abuse.

Complaints and applications are accepted by all regional labour inspectors and the Chief Labour Inspectorate. They may be lodged in writing, by telegraph, telefax or orally to be included in the minutes, or by electronic means of communication via the electronic inbox”.

Appendix 1 (information material prepared by the Ministry of Justice)

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:”

(…)

“2. Training U14/21 Professional customer service in common courts. Customer service provided by employees working in customer service offices, registry offices and information points of common courts is of great importance for proper transmission of information to court proceedings participants. Applicants often do not know how to specify their enquiries in a way that would allow for a quick answer. Moreover, sometimes their statements are accompanied by negative emotions. In such 45 circumstances, it is important to acquire the skills of effective and efficient communication, also in respect of an applicant presenting a demanding attitude. The aim of the training is to extend the competences of the above-mentioned employees in the area of professional service. Specific issues include among others: the structure of a conversation with an applicant, effective communication, principles of conducting telephone conversations; coping with difficult situations at work, assertiveness and controlling emotions, applicants with a demanding attitude; self-presentation, i.e. building a positive image of the employee and the court in contact with the applicant (elements of non-verbal communication – inappropriate, preferred and exemplary behaviour); customer service provided to persons with disabilities. Target audience: court clerks working in customer service offices and in registry offices in information points of common courts. Number of editions: 2; Number of participants: 100 (50 participants in each edition). Edition, dates, venue and limits: Edition A – U14/A/21 24-26 May 2021 Lublin, Edition B – U14/B/21 18-20 October 2021 Dębe. Duration of training: 16 hours. Form of training: seminar, workshops.

Appendix 2 (information of the Ministry of Foreign Affairs)

GOOD PRACTICE CATALOGUE FOR FOREIGN MISSIONS IN THE FIELD OF BUSINESS AND HUMAN RIGHTS

Recommendations

[page 46-48]

“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:

“- comply with the United Nations ‘UN Guiding Principles on Business and Human Rights’ and the principle of ‘due diligence’3 and to continuously raise awareness of the need to apply them in practice among both employees and partners of the mission”

(…)

“- strictly comply with Polish and local laws, including labour law, occupational health and safety regulations, etc., and in justified cases enforce compliance with the law by business partners. Wherever possible, apply national and international law, if it provides for higher standards of human rights protection;

– avoid corruption-generating situations and regularly train employees in this area, particularly with regard to acceptable practices for maintaining social relations with business partners and accepting gifts in accordance with Polish and local laws and customs in the host country;

– 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; – cooperate with reliable partners whose reliability, including in the area of respect for human rights, has been checked using available instruments such as verification by specialised economic bodies. Particular attention should be paid to respect for human rights in the context of forced and bonded labour and child labour in the supply chain.4 To the extent possible, preference should be given to companies certified as responsible businesses (e.g. Fair Trade). The current policy on sanctions adopted by Poland should also be taken into account;”