Poland
Pillar III. Access to remedies [page 37]
The UN Guiding Principles indicate that as part of their duty to protect against business-related human rights abuse, states must take appropriate steps to ensure, through judicial, administrative, legislative, or other appropriate means, that those affected have access to effective remedies. In some cases, those affected are directly involved in seeking a remedy; in others, an intermediary seeks a remedy on their behalf. A remedy may be sought in the courts (for both criminal and civil actions), labour tribunals, national human rights institutions, National Contact Points under the OECD’s Guidelines for Multinational Enterprises, ombudsperson offices, and government-run complaints offices. In Poland, the Commissioner for Human Rights has the status of the national institution of human rights acting under the Paris Principles.
Pillar III. Access to remedies
6. Planned actions to provide access to remedies [page 50]
Employment agencies
There have been instances of labour-law violations identified among entities conducting the activities of a temporary employment agency. This phenomenon is not widespread, but given its social dimension, it is necessary to monitor it continuously and take actions to improve the standards of temporary work and the protection of temporary workers.
In Poland, issues related to employment agencies are governed by the Act of 20 April 2004 on Promotion of Employment and Labour Market Institutions (Journal of Laws of 2016, Item 645, as amended).
Employment agencies are entities that provide one or more of the following services: job matching, temporary work, vocational guidance, and personal counselling, and that are not—except for temporary employment agencies—parties to employment relationships which may arise from their services.
There are two mechanisms for dealing with complaints about abusive practices in employment agencies. Any person who becomes aware of non-compliance by an employment agency with the provisions of the Act on Promotion of Employment and Labour Market Institutions, including abuse and fraudulent practices on the part of such an entity, may file a complaint to the marshal of the voivodship competent for the seat of the employment agency or the National Labour Inspectorate. In the case of temporary employment agencies, the complaint may also concern non-compliance with the provisions of the Act on the Employment of Temporary Workers and other labour-law provisions. Employees’ organisations (i.e., trade unions) and employers’ organisations are also entitled to lodge such complaints.
If the inspection services determine non-compliance on the part of an employment agency—abuse of employees and fraudulent practices—the agency may be removed from the register of employment agencies (Article 18m of the Act on Promotion of Employment and Labour Market Institutions) and liable to a fine (Article 121 of the above-mentioned law).
Article 121 of the Act on Promotion of Employment and Labour Market Institutions imposes the following sanctions against individuals who provide employment agency services for offences against the provisions of this law: a fine of not less than PLN 3,000.
The following parties are subject to this penalty:
– anyone who operates an unregistered employment agency;
– anyone who, while providing services referred to in Article 18(1) or Article 18c(2) of the law, collects additional fees other than those specified in Article 87(2)(7) of the law, from the person for whom the agency is seeking employment or other paid work;
– anyone who, while providing services referred to in Article 18(1) or Article 18c(2) of the law, does not respect the principle of non-discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, religious denomination, or trade union membership;
– anyone who, prior to sending a person to work (or temporary work) abroad, does not provide that person with written information on the costs, fees, and other charges (including those referred to in Article 85(2)(7) of the law) related to delegating someone to work, as well as taking up and performing work abroad.
A fine of not less than PLN 4,000.
Penalties are imposed on any person who delegates a person to work abroad for foreign employers without a written agreement with that person.
The Ministry of Family, Labour and Social Policy has taken steps to improve the conditions of temporary employment, increase protection for the clients of employment agencies, improve the effectiveness of the National Labour Inspectorate’s inspections in the area of temporary employment, as well as the legal security of temporary work agencies and the employers of their clients and, consequently, raise the standards of services provided by employment agencies.
Mediation
Undertakings that support the establishment and operations of mediation and arbitration centres are planned as part of measures co-financed by the European Social Fund. These activities are scheduled to start within the Operational Programme Knowledge Education Development (OP KED) in 2017. They will involve the establishment of such entities in regions where they are not yet in operation, and will serve to standardise the operation of the existing centres. Due to the limited scope of ESF support in the OP KED decision accepted by the European Commission, support in this area will focus exclusively on the issue of mediation in disputes between business entities.
7. Planned and ongoing activities
Continuation of activities to ensure access to court and out-of-court remedies;
Continuation of support for NGOs working in business and human rights.