Poland

Pillar I. The State’s duty to protect human rights [page 8]

The state’s duty to protect human rights is enshrined in the Constitution of the Republic of Poland and in ratified international agreements that obligate States Parties to respect, protect, and implement the human rights of individuals within their territory and/or jurisdiction. This includes the duty to protect against human rights abuse by third parties, including business enterprises.

The Constitution of the Republic of Poland contains a number of principles relevant to the protection of human rights in the context of business activity. Poland’s economic system is based on, among other things, solidarity, dialogue, and cooperation among social partners (Article 20), and limitations on the freedom of economic activity may be imposed only in exceptional cases (Article 22).

The Constitution introduces the principle of equality before the law and the total prohibition of discrimination for any reason, including in economic life (Article 32). Chapter II of the Constitution contains a broad catalogue of economic, social, and cultural rights and freedoms (Articles 64-76). At the statutory level, the provisions of labour law guarantee the observance of labour standards and rights arising from Poland’s international obligations, in particular from the UN International Covenant on Economic, Social and Cultural Rights and the European Social Charter, as well as those contained in the ILO’s fundamental conventions in line with the ILO Declaration on Fundamental Principles and Rights at Work.

The fulfilment of the basic principles of labour law is possible on the basis of numerous provisions of the Labour Code (LC) and other acts specifying in detail the rights of employees and employers, outlining the ways they can be used, and implementing ILO conventions ratified by Poland.

The standards set forth in the international agreements are reflected in Chapter II of the Labour Code, which contains the basic principles of labour law. The following deserve a mention here: the right to work (Article 10), the principle of discretion when establishing an employment relationship (Article 11), respect for personal rights (Article 111 ), the principle of equality of employees (Article112 ), the prohibition against discrimination in employment (Article 113 ), the right to respectful remuneration (Article 13), the right to rest (Article 14), the principle of ensuring healthy and safe working conditions by the employer (Article 15), satisfaction, as far as possible, by the employer of the welfare, social and cultural needs of employees (Article 16), helping employees improve their professional qualifications (Article 17), and ensuring the protection of employees’ rights by prohibiting the introduction of collective bargaining agreements, regulations, and employment contracts that are less favourable to employees than those resulting from the provisions of general law (Article 18). The principles of labour law also include collective rights, namely the freedom of association of employees and employers (Article 181 ) and the right of employees to participate in the management of the work establishment (Article 18). These provisions do not themselves constitute grounds for employee claims.

Pillar II. The corporate responsibility to respect human rights

7. Social entrepreneurship as an instrument for creating high-quality jobs for individuals at risk of poverty and social exclusion [page 33]

When considering a responsible approach to doing business and respect for human rights, also by entrepreneurs, it is impossible not to mention the specific form of economic activity known as social entrepreneurship. Social entrepreneurship plays a very important role in the process of social and occupational reintegration of people from different groups who, for various reasons, find themselves in particularly difficult living and working conditions, e.g., the long-term unemployed, the homeless, former prisoners, addicts, and people with disabilities. These people can return to professional life and full participation in the life of their local community in particular through work and the ability to co-decide about the future of the enterprise they are involved with, but also through other types of activities that are firmly rooted in the local community.

The social economy in Poland, which is a systemic basis for social entrepreneurship, has been intensively developed since 2008. It led to the establishment of the Unit for Systemic Solutions in the Social Economy (Order No 141 of the Prime Minister of 15 December 2008), chaired by the Minister of Labour and Social Policy. The result of several years of the Unit’s work was, among other things, the drafting of the National Programme for the Development of the Social Economy (KPRES), which was adopted by the Council of Ministers on 12 August 2014.

The KPRES identified the key directions of public intervention aimed at shaping the best conditions for developing the social economy and social enterprises in Poland. KPRES goals, measures, and expected results were formulated on the basis of a diagnosis of the social-economy sector, taking into account the current political, social, and economic context in Poland and in the European Union. The accepted assumptions, structure, and content make the KPRES a document open to phenomena and processes that may occur in the short and long term, potentially influencing the development of the social economy.

Between 2007 and 2013, European Social Fund (ESF) resources were invested in three types of actions for the development of the social-economy sector, which, apart from the social-entrepreneurship sector, also includes its environment:

1. Systemic measures that, e.g., support the process of developing programmatic objectives for the development of the social-economy sector at the national (KPRES) and regional (multi-annual regional plans or programmes for the development of the social-economy sector) levels;
2. Measures to support the social-enterprise environment. In this area, investments focused on:

– the establishment of a network of social-economy support centres, i.e., organisations that provide services for the entire social-economy sector (services supporting the emergence of new social enterprises, but also services helping establish a market for existing entities) and ensuring the quality of services offered by these entities;

– the establishment of return financing instruments for social enterprises that help social enterprises use development loans;

3. Measures directly supporting social enterprises, including donation-type, advisory, and training support for the establishment of social co-operatives, as the only legally regulated form of social enterprises.

In the period 2014-2020, ESF investments focused more on new job creation in social enterprises. Social Economy Support Centres (OWES) award donations for this purpose, coming from the ESF under regional operational programmes. Bridge support is also provided. In accordance with the KPRES, OWESs also render the following social-economy support services:

– activation and promotion of the social economy;

– support for emerging new social-economy entities;

– support for existing social enterprises.

The OWES accreditation process is also being financed to confirm these entities’ ability to provide high-quality support services in the social economy. Only the centres accredited by the minister responsible for social security can apply for funding under calls for proposals.

What is essential is that, in the period 2014-2020, it is possible to create jobs not only in social co-operatives but also in other entities that fall under the definition of a social enterprise adopted for the implementation of the ESF at the level of the regulations of the Ministry of Economic Development on the basis of the National Programme for the Development of the Social Economy. The lack of a legal definition of a social enterprise is creating a growing barrier to the implementation of ESF funds for the development of social entrepreneurship and the creation of new jobs in existing social enterprises. The introduction of a legal definition of a social enterprise would facilitate the process of restoring employment to people at risk of marginalisation.

Instruments financed by the ESF are also targeted at job creation and unemployment benefits. In 2014-2020, other instruments will also be available in addition to loans. First, re-guarantees will be launched. In addition, work is being carried out on the kick-off of a guarantee system and new innovative financial instruments, as well as innovative ways of financing the sector, such as social bonds.”

Appendix 1 provides a list of International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights [page 55]