2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

Planned changes in national legislation

Prevention of economic exploitation of children [page 12]

“Article 39 of the Convention on the Rights of the Child states that States Parties to the Convention “recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development”… In turn, the freedom to employ individuals between the ages of 16 and 18 is limited by the provisions of the Ordinance of the Council of Ministers of 24 August 2004 listing jobs prohibited to young people and conditions of employment for some of these jobs.”

Amendment to the Act on Tourism Services [page 25]

“Plans are in store to undertake work on an amendment of the regulations on the provision of hotel services, with a view to introducing provisions related to the prevention of sexual exploitation of minors in hotel facilities (detailing the requirements for hotel regulations), as provided for in the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.”

Appendix 1: International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights

International non-binding mechanisms

“(…)4. Children’s Rights and Business Principles: a set of guidelines for the wide-ranging rights of children prepared in 2012 by, among others, UNICEF and the Global Compact”

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Pillar II: The corporate responsibility to respect human rights

10. Planned and ongoing activities [page 37]

“(…)3. Increasing the involvement of foreign institutions in issues related to human rights and business, including local laws and enterprise operations in Poland, with a view to exercising human rights, with particular regard to the situation of armed conflicts”.

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2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law

Occupational safety and health [page 14]

“The provision of safe and hygienic working conditions to employees is also ensured by the provisions of other laws, including the Construction Law, Atomic Law, and Geological and Mining Law.”

Pillar II: Access to remedies

3. National Labour Inspectorate (PIP): an institution that oversees business and human rights

Supervisory and inspection activities [page 47]

“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, permanent inspections in construction, rail infrastructure, forestry, and mining sectors).”

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Read more about Construction sector

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Pillar II: The corporate responsibility to respect human rights

2. Dialogue and exchange of knowledge and experience in implementing CSR [page 29]

“There are four categories of corporate activities that relate to corporate social responsibility: corporate governance, employees, the environment, and the product”.

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Read more about Corporate law & corporate governance

2017-2020 NATIONAL ACTION PLAN

Pillar I: The State’s duty to protect human rights 

7. Planned and ongoing activities [page 27]

“Training in business and human rights based on the United Nations Guiding Principles on Business and Human Rights run by the Ministry of Foreign Affairs for heads of embassies, consulates-general, and Polish institutes, and in CSR/RBC, business and human rights, and corruption prevention run by the Ministry of Economic Development for individuals delegated to work in Trade and Investment Promotion departments and the Permanent Representation of the Republic of Poland to the OECD”.

Pillar II: The Corporate Responsibility to Respect Human Rights

2. Dialogue and Exchange of Knowledge and Experience in Implementing CSR [page 30]

“There are four categories of corporate activities that relate to corporate social responsibility: corporate governance, employees, the environment, and the product. The activities conducted within these categories may include: the shaping of an ethical organisational culture, codes of ethical conduct, risk management, communication of CSR/RBC activities through disclosure of non-financial data (social reporting, integrated reporting), anti-corruption measures; (…).”

3. Non-financial reporting: implementation of Directive 2014/95/EU [page 31]

“The implemented provisions of the directive aim to increase the transparency of information with respect to corporate social responsibility (CSR) presented in the activity report (in the form of a statement) or in a separate report on environmental, social, and occupational issues, respect for human rights, and anti-corruption measures.”

Appendix 1: International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights

International non-binding mechanisms [page 55]

“Corporate responsibility for infringements of international human rights standards/norms is provided for in non-binding mechanisms. In this regard, besides the UN Guiding Principles on Business and Human Rights, the following documents should be mentioned: (…)

2. 10 Principles of the Global Compact, an initiative of the UN Secretary-General: A declaration from 2,000 containing voluntary commitments for those enterprises that signed it. The document covers the principles of human rights, labour law, environmental protection, and anti-corruption provisions. The declaration was signed by 82 entities from Poland;

International legal framework in force in Poland [page 56]

“In international law, there are no treaty provisions that impose obligations on international enterprises to respect human rights and make them liable for human rights infringement. Nevertheless, in certain multilateral conventions, states undertake to establish their jurisdiction over the extraterritorial activities of legal entities falling within the scope of the convention in question. Treaties of this kind provide for the obligation to introduce criminal liability for legal entities in national legislation. The agreements of this type to which Poland is a party include: Council of Europe Criminal Law Convention on Corruption of 27 January 1999 (Journal of Laws of 2005, Item 249) (…) ”.

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Pillar I: The State’s duty to respect human rights

5. Planned changes in national legislation:

Addition of general principles in administrative proceedings:

Rules governing the liability of Internet intermediaries for hate speech and violation of freedom of speech [page 26]

The Ministry of Digital Affairs plans to draft a regulation to counteract restrictions on the freedom of speech, on the one hand, and to block illegal content on the Internet, on the other. Legislative work is being carried out that clarifies the procedure for notice and takedown of the illegal content online, as well as strengthens legal safeguards for freedom of speech in the activities of electronic service providers. These efforts address i.a. issues related to hate speech or incitement to violence, as well as the use of unauthorised technical restrictions on freedom of speech in social media.

Pillar III: Access to Remedy

1. Current situation regarding access to legal remedies

Protection under civil law [page 38]

…By applying these civil-law instruments, those affected can seek judicial protection of their personal interests, as well as claims for damages (personal or property).

According to Article 23 of the Civil Code (CC), the personal interests of a human being, in particular their health, freedom, dignity, freedom of conscience, name or pseudonym, image, privacy of correspondence, inviolability of home, and scientific, artistic, inventive, or improvement achievements are protected by civil law, independent of protection under other regulations. Article 24 § 1 and 2 CC stipulates that any person whose personal interests are threatened by another person’s actions may demand that the actions be ceased unless they are not unlawful. In the case of violation, they may also demand that the person committing the violation perform the actions necessary to remove its effects, in particular that the person make a declaration of the appropriate form and substance. Under the terms of the Civil Code, one can also claim monetary recompense or payment of an appropriate amount of money for the social cause indicated (Article 448 CC). If damage has been caused due to a violation of personal interests, the injured party may demand a remedy in accordance with general principles (Article 415 et seq. CC). The prerequisites for protecting personal interests that must be met together are: the existence of a personal interest, the threat or violation of that interest, and the unlawfulness of the threat or the violation. The first two premises must be proven by the plaintiff seeking protection, while the defendant can defend themselves, demonstrating that they did not act unlawfully. The distribution of the burden of proof is therefore favorable to the plaintiff. The legislator introduced the presumption of unlawfulness of the violation of personal interests (Article 24 § 1 CC). However, claims cannot be made if the perpetrator demonstrates that the occurrence of one of the circumstances rules out the unlawfulness of the action, and they thus indicate the circumstances that justified the violation of a particular personal interest. The provisions of Articles 23 and 24 CC suggest that the protection of personal interests is comprehensive. Its exercise may take on a different character and be pursued through various measures, which may be both non-financial and financial in nature. Non-financial protection measures include: a) – claim for cessation; b) – claim for removal of the effects of a violation; c) – assertion lawsuit; Financial protection measures include: d) – claim for redressing non-financial damage; e) – claim for recompense for property damage; f) – claim for restitution of unjust enrichment; g) –claim for non-performance of an agreement; h) – claim for non-performance of an agreement (contractual liability).

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Read more about Data protection & privacy

The Polish NAPs do not make an explicit reference to Development Finance Institutions.

Read more about Development finance institutions

2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

5. Planned changes in national legislation

Rules governing the liability of Internet intermediaries for hate speech and violation of freedom of speech [page 26]:

The Ministry of Digital Affairs plans to draft a regulation to counteract restrictions on the freedom of speech, on the one hand, and to block illegal content on the Internet, on the other. Legislative work is being carried out that clarifies the procedure for notice and takedown of the illegal content online, as well as strengthens legal safeguards for freedom of speech in the activities of electronic service providers. These efforts address i.a. issues related to hate speech or incitement to violence, as well as the use of unauthorised technical restrictions on freedom of speech in social media.

2021-2024 NATIONAL ACTION PLAN

Read more about Digital technology & electronics sector

Read more about Energy sector

2017-2020 NATIONAL ACTION PLAN

Pillar II: The Corporate responsibility to respect human rights

2. Dialogue and exchange of knowledge and experience in implementing CSR [pages 29-30]

There are four categories of corporate activities that relate to corporate social responsibility: corporate governance, employees, the environment, and the product. The activities conducted within these categories may include:… 3) responsible management of natural resources, reduction of gaseous emissions, responsible waste and sewage management, reduction of energy and water consumption; 4) responsible approach to supply chains, including the extraction and transport of raw materials…

In September 2016, the Minister of Economic Development and Finance established the Advisory Board for Sustainable Development and Corporate Social Responsibility (CSR Advisory Board) (Journal of the Minister of Economic Development of 22 September 2016, Item 49). The main task of this subsidiary body to the Minister of Economic Development and Finance is to conduct dialogue and exchange experiences between public administration, businesses, social partners, non-governmental organisations, and research and development institutions in order to develop recommendations and proposals for sustainable development and disseminate the principle of social solidarity and responsible business conduct.

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Pillar I: The State’s duty to protect human rights

Regulations relating to business and human rights under Polish law [page 8]

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).

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 principle of equality of employees (Article112 ), the prohibition against discrimination in employment (Article 113 )…

Employment and occupation equality [pages 9-12]

As regards the principle of equal treatment of employees and the prohibition of discrimination in employment, this is clearly established in further provisions of the Labour Code, in particular in Chapter II a, ‘Equal treatment in employment’ (Articles 183a –183e). Counteracting discrimination in employment is one of the basic duties of employers. Employers are also obliged to provide employees with the text of the provisions on equal treatment in employment in the form of written information distributed on the premises of a work establishment or to provide employees with access to the legislation otherwise accepted by a given employer.

The Labour Code sets out an open catalogue of grounds for discrimination. In Article 113 , the Labour Code establishes a prohibition of any discrimination on any grounds 10 whatsoever. Similarly, Article 183a § 1 of the LC, which introduces the obligation to treat employees equally in respect of establishing or terminating an employment relationship, employment conditions, conditions for promotion, as well as access to training in order to improve professional qualifications, in particular regardless of sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, creed, sexual orientation, as well as regardless of whether employment is for a definite or indefinite period of time or full-time or part-time employment.

The Labour Code contains definitions of equal treatment, direct discrimination, indirect discrimination, harassment, and sexual harassment. Equal treatment in employment means that there must be no discrimination whatsoever, directly or indirectly, whatever the grounds. Discrimination is also taken to include:

• practices related to encouraging another person to violate the principle of equal treatment in employment or ordering a person to violate that principle;
• harassment or unwanted conduct with the purpose or effect of violating the dignity of an employee or of creating an intimidating, hostile, degrading, humiliating, or offensive atmosphere.

Concerning harassment and sexual harassment, the Labour Code guarantees employees that their submission to harassment or sexual harassment or their rejection of harassment or sexual harassment may not result in any negative consequences for said employees. According to Article 183b of the LC, a violation of the principle of equal treatment in employment occurs, with some exceptions, when an employer treats an employee differently on one or more grounds with the effect of, in particular:

1) terminating or rejecting the establishment of an employment relationship;

2) establishing disadvantageous conditions of remuneration for work or other terms of employment, or not being selected for promotion or not being granted other workrelated benefits;

3) not being chosen to participate in training organised to improve professional qualifications unless the employer proves that this was done for objective reasons.

In discrimination cases, the burden of proof is shifted from the employee to the employer. The employee should, however, present facts that would lend credence to a case of discrimination.

The Labour Code guarantees the right to equal remuneration for the same work or for work of equal value, including all components of remuneration, regardless of their name or characteristics. At the same time, it should be noted that the Labour Code does not explicitly define the concept of “the same work”. A person against whom an employer has violated the principle of equal treatment in employment has the right to compensation of at least the amount of the minimum remuneration for their work. The Labour Code also guarantees other rights to employees who assert their rights. The fact that an employee exercises his or her rights due to a violation of the principle of equal treatment in employment may not constitute a reason for disadvantageous treatment of the employee and may not result in any negative consequences for the employee. In particular, it may not constitute grounds for termination of an employment relationship by an employer, with or without notice. This regulation also applies to employees who have provided any form of support to an employee who has exercised his or her rights on account of a violation of the principle of equal treatment in employment.

According to Article 943 of the LC, the employer is obligated to take action against workplace mobbing, which includes acts or behaviour towards an employee or 11 directed against an employee involving persistent and long-lasting harassment or bulling of an employee causing specific negative consequences. An employee who was harassed at work and developed health problems may claim an appropriate amount of money from the employer as a pecuniary compensation for the damage sustained. An employee who terminates his or her employment contract as a result of workplace bullying has the right to claim compensation from his or her employer in an amount not lower than the minimum remuneration for work, as specified under separate provisions. The employee’s statement on the termination of his or her employment contract must be made in writing, stating the reason for termination. Workplace bullying at one’s place of work or in connection with one’s work means a systematic repetition of certain behaviour directed at an employee that results in, e.g., the elimination of such an employee from the group. Particularly important in this case is the health aspect, which distinguishes the phenomenon of workplace bullying from an ordinary conflict.

Ensuring equal treatment with respect to, among other things, undertaking and pursuing economic or professional activity is governed by the Act on the Implementation of Certain Regulations of the European Union Regarding Equal Treatment. This law implemented the following European Union directives: 1. Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of selfemployed women during pregnancy and motherhood; 2. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; 3. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation; 4. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services; 5. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation; 6. Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures to facilitate the exercise of the rights conferred on workers in the context of the free movement of workers (OJ L 128, 30.4.2014) The law determines the areas and means of preventing violations of the principle of equal treatment on the grounds of sex, race, ethnic origin, nationality, religion, belief, disability, age, or sexual orientation, as well as the competent authorities in this respect. The law applies to individuals, legal entities, and organisational units. The law (Article 3) defines the phenomenon of direct and indirect discrimination and explains the concepts of harassment, sexual harassment, unequal treatment, and the principle of equal treatment. According to Article 4, the law applies to, among other things, undertaking vocational training (including further training, improvement, professional retraining, and apprenticeship); the conditions for undertaking and conducting an economic or professional activity (including, in particular, employment or work under a civil-law contract); joining and taking part in trade unions, employers’ organisations, and 12 professional self-governing bodies; and also exercising the rights that members of these organisations are entitled to; having access to, and the opportunity to use, labour market instruments and services, human resources development and unemployment prevention, social security, healthcare, education and higher education, and services, including housing services, objects, and acquiring rights and energy, if they are offered to the public. Article 8 of the law prohibits unequal treatment of individuals on the grounds of sex, race, ethnic origin, nationality, religion, denomination, belief, disability, age, or sexual orientation as regards the conditions of undertaking and conducting economic or professional activity or working under a civil-law contract. It is also prohibited to encourage or order unequal treatment (Article 9). The law also identifies legal remedies for the protection of the principle of equal treatment and the competent authorities to deal with violations. Everyone whose right to equal treatment has been violated has the right to compensation. Employees employed under a contract of mandate or specific work contract have the right to claim compensation from their employer. However, they must justify their claims against the employer, i.e., lend credibility to their claim that there has been a violation of the principle of equal treatment. In this case, the employer is obligated to prove that no violation occurred. According to the provisions of the law, a victim of unequal treatment can only claim compensation, as the law does not provide for the possibility of awarding redress for harm caused by unequal treatment. Victims of discrimination must exercise their rights in court, in which case, the provisions of the Civil Code and the Code of Civil Procedure apply. Employers employing individuals under civil-law contracts are required to comply with the anti-discrimination provisions of the Act on the Implementation of Certain Regulations of the European Union Regarding Equal Treatment; otherwise, they may be exposed to costs due to possible compensation proceedings. The law introduces the principle of reversed proof of burden, as does the Labour Code. According to this regulation, anyone who alleges a violation of the principle of equal treatment should lend credibility to the fact of its violation, and the party that has been accused of discrimination must try to prove that they have not violated the principle.

Freedom of Association [page 13]

The Labour Code prohibits the unequal treatment of employees with respect to establishing and terminating an employment, terms of employment, terms of promotion, as well as access to training in order to improve professional qualifications, in particular on the grounds of trade union membership (Chapter II a, Equal Treatment in Employment).

An employee may seek compensation from his or her employer before a court of law for a violation of the principle of equal treatment in employment, which cannot be lower than the minimum remuneration for work stipulated in separate provisions.

5. Planned changes in national legislation:

Addition of general principles in administrative proceedings:

The principle of proportionality (relevance), impartiality, and the principle of equal treatment [page 23]

The principles of impartiality and equal treatment, which should be of particular importance in cases involving several parties, have also been included in the provisions of the Act Amending the Administrative Procedure Code. The principle of impartiality means that administration authorities and their employees should not be guided in their actions by any interests or motives beyond the law that might violate the interests of the parties. In accordance with the principle of equal treatment, all parties in the same situation should be treated in a comparable manner without any discrimination. The principle of deepening citizens’ confidence in the state authorities, a fundamental premise for establishing friendly relations between the administration and citizens, needs to be defined in a more concrete way. One of the basic criteria for assessing the extent to which the administration is friendly to the individual is the predictability of the actions of the public administration authorities and their respect for the individual’s interests. A party that files documents with an authority, generally in cases involving investment expenditure or requiring prior involvement of material resources, including time, has the right to arrange their interests in the belief that, acting in good faith and with respect for the law, it does not risk adverse legal consequences of their decisions, especially the effects that they could not predict at the time they were taken. The administration authorities are required to respect the principle of legitimate expectations so that the party is able to plan its activities in a rational manner. This principle is based on the premise that the parties’ expectations are legitimate if they relate to lawful and possible actions, and that the authority, acting within the limits of the law, will adhere to its established practice of resolving matters in similar factual and legal situations. The authority should not, without special and important reasons, depart from established and uniform practice. The adopted provisions also include the principle of proportionality, which requires administration authorities to undertake only such acts that cause an inconvenience for parties that are necessary and proportionate to the intended purpose. Engaging, in the course of proceedings, in activities onerous for the party, in particular involving a limitation of the party’s rights or creating a burden for the party, a public administration authority should take into account the interests of the parties and interfere in those interests only if and to the extent that it is necessary to achieve the intended purpose, in particular resolving the issue in accordance with the law. 11 Cf. J. Zimmermann, Prawo administracyjne, 2014, p. 45. 24 These principles are expressed in, e.g., Articles 5, 6, and 8 of the European Code of Good Administrative Behaviour.

7. Planned and ongoing activities [page 27]

Inclusion of references to the United Nations Guiding Principles on Business and Human Rights in government documents and action plans, including in the National Action Programme for Equal Treatment.

Pillar II: The Corporate responsibility to respect human rights

2. Dialogue and exchange of knowledge and experience in implementing CSR [pages 29-30]

There are four categories of corporate activities that relate to corporate social responsibility: corporate governance, employees, the environment, and the product. The activities conducted within these categories may include:… 2) …recognition of the importance of diversity in the workplace…

9. Support in the implementation the UN Guiding Principles by companies

Equal treatment policy [pages 35-36]

The obligation to treat all employees equally regardless of their sex, i.e., the legal prohibition of discrimination on grounds of sex is one of the fundamental human rights under the applicable law. Equal treatment is based on the principle of equal pay for the same work or work of equal value, equality in decision-making processes, and equal access to training and promotion.

The key areas in this respect include: – combating discrimination in the workplace (including on grounds of sex); – equal access for men and women to promotions and training; – equal remuneration for the same work or work of equal value; – increasing the participation of women in corporate decision-making bodies; – diversity management, including employee recruitment and selection, talent management and payroll policies, also in the sphere of an enterprise’s organisational culture; – providing employees with instruments and mechanisms to enable a good work-life balance. 36 Measures planned by the government to support the implementation of the UN Guiding Principles in these areas focus on working with business representatives, representatives of social partners, and non-governmental organisations dealing with the protection and pursuit of equal opportunities, e.g., through: – supporting initiatives to improve compliance with human rights standards, including initiatives to strengthen gender equality and diversity in the workplace; – promoting available solutions and developing, in collaboration with business and social partners, new tools and methods to promote awareness of human rights and equal treatment in the workplace; – supporting initiatives to promote available solutions and developing, in collaboration with business representatives and social partners, new tools and methods to promote awareness in the area of implementation of equaltreatment policies at enterprises; – promoting knowledge about the application of compensatory measures in the workplace, or promoting equal opportunities for people belonging to disadvantaged groups; – measures promoting the benefits of diversity policy and equal opportunities, e.g., balanced participation of women and men in decision-making bodies (promotional and information campaigns, projects co-financed from EU funds, support for initiatives undertaken by entrepreneurs); – promoting good practices with a view to ensuring equal opportunities by enterprises, e.g., in employee recruitment and selection, talent management, protection against discrimination, management of the remuneration system, etc.; – supporting initiatives to build a broad coalition for creating a working environment that is free of discrimination and based on the principle of equal opportunities. These measures should involve a wide range of actors, both state institutions and private companies, NGOs, academia, the media, and social partners; – supporting the development of research and analysis of social inequalities, which may serve as the basis for any possible remedial actions.

Pilar III: Access to Remedy

3. National Labour Inspectorate (PIP): an institution that oversees business and human rights

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 [pages 48-49]

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 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 gender, 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 gender 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, 49 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.

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Pillar II: The corporate responsibility to respect human rights

6. UN Guiding Principles in the operations of the Export Credit Insurance Corporation [page 32]

“The Export Credit Insurance Corporation (KUKE) draws upon the UN Guiding Principles on Business and Human Rights in the course of the environmental procedure related to credit insurance and export contracts guaranteed by the State Treasury. The procedure following the current OECD Recommendation published as TAD/ECG(2012)5 of 28 June 2012 and adapted to Resolution No 2/2013 of the Export Insurance Policy Committee of 6 February 2013 takes into account broader human rights issues, including the UN Guiding Principles. The issue of respecting human rights in the operation of export credit agencies was raised both in the work on the 2012 Recommendation (modification of the 2007 document) and during several years of its revision, culminating in the adoption of the current version by the OECD Council on 6 April 2016. The current version of the Recommendation, officially published on 3 April 2016 (TAD/ECG (2016) 3) takes greater account of the requirements for respecting human rights in a procedure known as due diligence in the social and environmental aspects, e.g., in the classification of export undertakings and risk assessment. The implementation of the assumptions of the UN Guiding Principles in light of the Recommendation is based on the Corporation’s gradually acquired experience in the application of appropriate methods of assessment of human rights in individual importing countries. An exchange of experience with the cooperating institutions and as part of the Export Credit Group is a great help.”

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Pillar I: The state’s duty to protect human rights

1. Regulations relating to business and human rights

Occupational safety and health [page 14]

“The provision of safe and hygienic working conditions to employees is also ensured by the provisions of other laws, including the Construction Law, Atomic Law, and Geological and Mining Law.”

Pillar III: Access to remedies

3. National Labour Inspectorate (PIP): an institution that oversees business and human rights

Supervisory and inspection activities [page 47]

“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, permanent inspections in construction, rail infrastructure, forestry, and mining sectors).”

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Read more about Extractives sector

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Appendix I: International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights

International legal framework in force in Poland [page 56]

“In international law, there are no treaty provisions that impose obligations on international enterprises to respect human rights and make them liable for human rights infringement. Nevertheless, in certain multilateral conventions, states undertake to establish their jurisdiction over the extraterritorial activities of legal entities falling within the scope of the convention in question.”

Read more about Extraterritorial jurisdiction

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Read more about Finance & banking sector

The Polish NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors.

Read more about Fisheries and aquaculture sectors

2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law

Prohibition of forced or compulsory labour [page 9]

“Referring to the prohibition of this type of work, it should be noted that, although the Labour Code does not contain a definition of forced labour, according to Article 65(1) of the Constitution of the Republic of Poland, everyone has the freedom to choose and to pursue their own occupation and to choose their place of work (with exceptions specified by law). On the other hand, one of the basic principles of labour law is the right to choose work freely, resulting from the provision of Article 10 LC, which also guarantees minimum remuneration and the assistance of the public authorities in taking up employment, as part of state policies to combat unemployment. This provision does not, however, provide the grounds to demand employment. In addition to the right to choose work freely, as specified in Article 10 § 1 LC, there is the principle of discretion when establishing an employment relationship, set out in Article 11 LC.”

Pillar II: The corporate responsibility to respect human rights

5. Corporate social responsibility in companies with State Treasury shareholding [page 32]

“as Poland ratified the Protocol of 2014 to Forced Labour Convention No 29 of 1930, it is necessary to initiate measures that will require employers in the public and private sectors to provide information under their reporting procedures on implemented procedures, processes, and standards for counteracting forced labour.”

10. Planned and ongoing activities [page 37]

“working to establish cooperation between state institutions and business-sector entities to counteract and reduce the phenomenon of forced labour, as one of the forms of trafficking in human being.”

Pillar III: Access to remedies

1. Current situation regarding access to legal remedies

Protection under criminal law [page 42]

“In this context, it is worth mentioning the amendment to the Penal Code that introduced a definition of slavery (Article 115 § 23 PC) and a definition of trafficking in human beings (Article 115 § 22 PC) modelled on the standards set by the Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings. Penalisation was provided not only for the act itself, but also for the preparatory stage for its execution (Article 189a PC). In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labour of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labour under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labour.”

“In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labour of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labour under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labour”

3. National Labour Inspectorate (PIP): an institution that oversees business and human rights

Tasks of the National Labour Inspectorate in the field of combatign human trafficking, and, in particular, forced labour [page 47]

“National Labour Inspectorate services play an extremely important role in combating trafficking in human beings, including forced labour. The National Labour Inspectorate is included in a group of institutions and organisations carrying out tasks to counteract this phenomenon, as part of their competencies. At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the interdepartmental Team for Combating and Preventing Trafficking in Human Beings and in proceedings of the Teams’ Working Group. The National Labour Inspectorate carries out tasks under the National Plan and reports annually on their implementation to the Ministry of Interior and Administration. In addition, selected labour inspectors from district labour inspectorates participate in the work of Voivodship Teams for Preventing Trafficking in Human Beings.

Within the framework of the supervisory and inspection tasks performed, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors check where there are indications of forced labour at an inspected establishment, which is characterised by taking control over an employee and resulting in a violation of human rights. In order to evaluate and identify potential victims of trafficking, indicators are used, i.e., the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime (developed by both the ILO and the Ministry of Interior and Administration). The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 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 serves as the basis for cooperation in undertaking joint inspections by Border Guard officers and labour inspectors, and to exchange information on infringements of the law concerning foreign nationals, including cases of their illegal employment. Effectively combating crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms for cooperation and the exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis on an agreement concluded in 2014. Training courses are conducted at the National Labour Inspectorate Training Centre in Wroclaw 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 against foreign nationals. Complaints that suggest the need for immediate action are examined first. 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 activities in the sphere of oversight and inspection, as well as in prevention and information. (…)”

Implementation of the National Action Plan

1. Education [page 54]

“It is appropriate to take preventive measures against forced labour, including education and information initiatives for employers, and to support both the public and private sectors in preventing and responding to the threat of forced labour.”

Apendix 1: International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights

Conventions for the Protection of Human Rights and Fundamental Freedoms [page 58]

“Poland has also ratified the Convention for the Protection of Human Rights and Fundamental Freedoms (Journal of Laws of 1993, No 61, Item 284, as amended). Article 34 of the Convention provides for the right to file an individual complaint, which makes it possible to initiate proceedings against the defendant state before the Court in order to protect the rights and freedoms of the Convention: (…) Article 4: Prohibition of slavery and forced labour (…).”

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Pillar I: The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law [page 9]

The principles of labour law also include collective rights, namely the freedom of association of employees and employers (Article 18) and the right of employees to participate in the management of the work establishment (Article 18).

…

Prevention of economic exploitation of children [page 12]

Freedom of association is guaranteed by the provisions of the Constitution of the Republic of Poland (Articles 12 and 59) and legislation, in particular the Act of 23 May 1991 on Trade Unions (Journal of Laws of 2015, Item 1881). Poland has ratified the basic acts of international law on freedom of association, namely the International Covenant on Economic, Social and Cultural Rights (Article 8), the European Social Charter (Articles 5 and 6), and ILO Conventions Nos. 87 and 98. According to Article 3 of the Act of 23 May 1991 on Trade Unions, no person should bear negative consequences of membership or non-membership in a trade union or of holding a function in a trade union. In particular, this cannot constitute a condition for entering into an employment relationship, maintenance of such a relationship, or promotion.

In accordance with Article 35(1)(c) of the Act on Trade Unions, discrimination against an employee because of his or her membership in a trade union, non-membership in a trade union, or the holding of a trade union function may result in criminal liability.

The Labour Code prohibits the unequal treatment of employees with respect to establishing and terminating an employment, terms of employment, terms of promotion, as well as access to training in order to improve professional qualifications, in particular on the grounds of trade union membership (Chapter II a, Equal Treatment in Employment). An employee may seek compensation from his or her employer before a court of law for a violation of the principle of equal treatment in employment, which cannot be lower than the minimum remuneration for work stipulated in separate provisions.

In addition, Article 18^3e of the LC provides for a mechanism of protection against the negative consequences of exercising employee rights or supporting an employee who has been treated unequally, e.g., on the grounds of his or her trade union membership. According to Article 18^3e § 1 of the Labour Code, the fact that an employee has exercised his or her rights when there has been a violation of the principle of equal treatment in employment may not constitute a grounds for disadvantageous treatment of such employee and may not result in any negative consequences towards the employee. In particular, it may not constitute grounds for termination of employment by an employer, with or without notice.

The above-mentioned provision applies accordingly to an employee who has provided support to an employee exercising his or her rights in respect of a violation of the principle of equal treatment in employment (e.g., testifying as a witness in court proceedings).

Pillar III: Access to remedies [page 44]

Polish legislation regulates mechanisms for protecting the period of the employment relationship with trade union activists. In accordance with Article 32 of the Act on Trade Unions, the guarantees of the duration of the employment relationship protect:

– members of the board of the establishment trade union organisation referred to by name (para. 1);

– other members of the establishment trade union organisation, referred to by name, entitled to represent the organisation before the employer or the authority or a person who performs activities in the area of labour law on behalf of the employer (para. 1);

– employees listed by name in the resolution of the founding committee (para. 7);

– employees who perform a function by choice in a trade union outside the establishment, who benefit from unpaid leave or an exemption from performing work (para. 9).

This list is exhaustive. In the case of an establishment trade union with the status of a representative organisation, the limit of employees covered by protection is calculated with the application of one of the two statutory methods (parity or progressive), and the choice of method is exclusive to the trade union. In light of Article 32(1) of the Act on Trade Unions, the employer may not, without the consent of the board of the establishment trade union organisation (respectively, the founding committee or the statutory body of a multi-establishment trade union organisation):

– terminate the employment relationship with a trade union activist (point 1);

– terminate the employment relationship with that person without notice (point 1);

–unilaterally change working or pay conditions to the detriment of a trade union activist (point 2), unless separate regulations provide for this (e.g., in the event of bankruptcy or liquidation of the employer).

The protection referred to above is available:

– for the period specified in the resolution of the board and after that period for an additional period corresponding to half of the period specified by the resolution; however, not longer than one year after that period (Article 32(2)); or

– a period of six months from the day the founding committee is established (Article 32(7)); or

– a period of leave or exemption and for one year after that period (Article 32(9)).

The lack of consent of the competent body of the trade union organisation is binding on the employer in the sense that they may not legally unilaterally terminate or change the employment relationship with a trade union activist. In certain situations, the protection of the period of the trade union activist’s employment relationship may, however, be excluded because of an abuse of the freedom of association. The Supreme Court has discussed the subject of abuse of protection of the period of the employment relationship of trade union activists, e.g., stating in judgement I PKN 23/00 of 12 September 2000 that the statutory guarantee of enhanced protection of the period of the employment relationship should be used only by a trade union activist who cannot be charged with a serious violation of basic labour obligations and using a trade union function as a kind of protective umbrella against justified labour-law sanctions. In the justification for the judgement, it was declared that, in the event of a breach of the formal provision for termination of an employment relationship under this procedure, resulting from the lack of consent of the establishment trade union organisation to terminate the employment relationship with a trade union official, the labour court is entitled, in accordance with established law, to order compensation in lieu of reinstatement.

Article 8 of the Act of 3 December 2010 on the Implementation of Certain European Union Provisions on Equal Treatment (Journal of Laws No 254, Item 1700, as amended) prohibits the unequal treatment of individuals on grounds of sex, race, ethnic descent, nationality, religion, religious denomination, world view, disability, age, or sexual orientation, including with respect to joining and working in trade unions, employers’ organisations, and enjoying the rights of members of such organisations. Everyone whose right to equal treatment has been violated has the right to compensation as laid down in the Act of 23 April 1964, the Civil Code (Journal of Laws of 2016, Item 380, as amended).

Out-of-court mechanisms for dealing with collective bargaining by employees include the possibility of initiating collective labour disputes between employees and their employer or employers concerning working conditions, remuneration, or social benefits, and the rights and freedoms of trade union workers or other groups entitled to form trade unions, under Article 1 of the Act of 23 May 1991 on Solving Collective Disputes (Journal of Laws of 2015, Item 295, as amended). Moreover, in light of the provisions of Articles 240 § 2 and 2411 Pt. 3 of the Labour Code, the parties to a collective agreement may, within the framework of the freedom of association, establish procedures for interpreting the contents of the agreement and for settling disputes between the parties in this regard. The parties to the agreement may determine procedures for settling disputes related to the subject of negotiations to conclude a collective labour agreement, or other controversial issues that may arise during the negotiations (Article 2413 § 2 of the Labour Code).

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PILLAR I: The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law

Occupational safety and health

The provisions for ensuring safe and hygienic working conditions by employers are set out in Division 10 of the Labour Code, “Health and Safety at Work”, as well as in other generally applicable laws. (…) Division 10 of the Labour Code specifies the rights and obligations of employees with respect to health and safety at work, the basic health and safety requirements for buildings and working premises, as well as machines and other technical equipment, requirements regarding factors and processes of work that create particular threats to health or life, obligations providing employees with preventive health protection, employers’ obligations related to accidents at work and occupational diseases, obligations to provide health and safety training, obligations to provide employees with measures of individual protection and work clothes and shoes, requirements to establish a health and safety at work service, requirements to provide consultations on health and safety at work and a commission on health and safety at work. – page 14

Read more about Garment, Textile and Footwear Sector

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Pillar I: The state’s duty to protect human rights

1. Employment and Occupation Equality [page 9]

Ensuring equal treatment with respect to, among other things, undertaking and pursuing an economic or professional activity is governed by the Act on the Implementation of Certain Regulations of the European Union Regarding Equal Treatment. This law implemented the following European Union directives:

1. Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood;
2. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;
3. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
4. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services;
5. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation;
6. Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures to facilitate the exercise of the rights conferred on workers in the context of the free movement of workers (OJ L 128, 30.4.2014)

…

Right of Female Workers to Protection [page 15]

In view of the right of employed women to special protection under Article 8 of the European Social Charter, as well as the right of mothers to special protection during the period before and after childbirth under Article 10 of the International Covenant on Economic, Social and Cultural Rights, and under Article 177 LC, the employment relationship with a female employee during her pregnancy or while on maternity leave is subject to particular protection. During this time, an employer may not terminate an employment contract with or without notice unless there are reasons justifying termination without notice through the fault of the employee and an enterprise trade union representing the employee has consented to the termination of the employment contract.

During pregnancy or maternity leave, it is possible to terminate an employment contract solely in the event of the declaration of bankruptcy or the liquidation of the employer. In such cases, however, the employer is obliged to agree with the enterprise trade union representing the female employee on the date of the termination of their employment contract. If it is not possible to ensure other employment within that period of time, the female employee is entitled to the benefits specified in separate provisions on cash benefits from social security in the event of sickness or maternity.

The special protection of the employment relationship does not apply to female employees on a trial period not exceeding one month or to employees hired under an employment contract for a definite period of time concluded to replace an employee during a justified absence from work. These regulations also apply accordingly in the case of employees taking parental leave.

The Labour Code also contains a number of provisions governing specific rights of employees related to parenting, including the provisions on maternity, parental, paternity, and child-care leave, as well as provisions to facilitate the fulfilment of parental responsibilities in relation to child care and education, including regulations that make it possible to combine leave with part-time work or regulations on working time and the use of exemptions from work or breaks from work.

The particular protection of employment relationships during pregnancy and maternity leave is subject to modifications resulting from the provisions of the Act of 13 March 2003 on special rules regarding the termination of an employment relationship for reasons not related to employees (Journal of Laws of 2016, Item 1474). This law, which applies to employers with at least 20 employees, allows for termination of current employment and working conditions with notice, while still prohibiting termination, both in the case of collective redundancies and individual termination of an employment relationship during pregnancy and maternity leave. These regulations also apply accordingly in the case of employees taking parental leave.

According to the Act on the Implementation of Certain Regulations of the European Union Regarding Equal Treatment, in the case of a violation of the principle of equal treatment, laid down in that law, against an individual, including in connection with pregnancy, maternity leave, leave on terms of maternity leave, paternity leave, parental leave, or child-care leave, the person is entitled to compensation.

Pillar II: The corporate responsibility to respect human rights

9. Support in the Implementation the UN Guiding Principles by Companies [page 35]

The obligation to treat all employees equally regardless of their sex, i.e., the legal prohibition of discrimination on grounds of sex is one of the fundamental human rights under the applicable law. Equal treatment is based on the principle of equal pay for equal work or work of equal value, equality in decision-making processes, and equal access to training and promotion. The key areas in this respect include:

• Combating discrimination in the workplace (including on grounds of sex);
• Equal access for men and women to promotions and training;
• Equal remuneration for equal work or work of equal value;
• Increasing the participation of women in corporate decision-making bodies;
• Diversity management, including employee recruitment and selection, talent management and payroll policies, also in the sphere of an enterprise’s organisational culture;
• Providing employees with instruments and mechanisms to enable work-life balance.

Measures planned by the government to support the implementation of the UN Guiding Principles in these areas focus on working with business representatives, representatives of social partners, and non-governmental organizations dealing with the protection and pursuit of equal opportunities, e.g., through:

• Supporting initiatives to improve compliance with human rights standards, including initiatives to strengthen gender equality and diversity in the workplace;
• Promoting available solutions and developing, in collaboration with business and social partners, new tools and methods to promote awareness of human rights and equal treatment in the workplace;
• Supporting initiatives to promote available solutions and developing, in collaboration with business representatives and social partners, new tools and methods to promote awareness in the area of implementation of equal-treatment policies at enterprises;
• Promoting knowledge about the application of compensatory measures in the workplace, or promoting equal opportunities for people belonging to disadvantaged groups;
• Measures promoting the benefits of diversity policy and equal opportunities, e.g., balanced participation of women and men in decision-making bodies (promotional and information campaigns, projects co-financed from EU funds, support for initiatives undertaken by entrepreneurs);
• Promoting good practices in the area of equalisation opportunities used by enterprises, e.g., in employee recruitment and selection, talent management, protection against discrimination, management of the remuneration system, etc.;
• Supporting initiatives to build a broad coalition for creating these measures should involve a wide range of actors, both state institutions and private companies, NGOs, academia, the media, and social partners;

Supporting the development of research and analysis of social inequalities, which may serve as the basis for any possible remedial actions.

Pillar III: Access to remedies

Tasks of the National Labour Inspectorate in the Field of Combating Human Trafficking, and, in particular, Forced Labour [page 48]

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 gender, 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 gender or age).

The Polish NAP refers to women’s rights with regards to Regulations on European Funds [page 19]: “Article 7 of Regulation (EU) No 1303/20013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on five EU funds⁵ obliges all Member States to take appropriate steps to prevent any form of discrimination, including based on disability.⁶

That is why, in 2015, the Ministry of Infrastructure and Development developed the Guidelines for the implementation of the principle of equal opportunities and non-discrimination, including accessibility for people with disabilities and the principle of equal opportunities for women and men within EU funds for 2014-2020.

The above-mentioned Guidelines aim to ensure the compatibility of operational programmes (OPs) with the principle of equal opportunities and non-discrimination, including accessibility, for people with disabilities and the principle of equal opportunities for women and men, as well as to ensure a coherent approach in this respect under the European Social Fund (ESF), the European Regional Development Fund (ERDF), and the Cohesion Fund (CF).

The Guidelines are addressed to all institutions participating in the implementation of operational programmes co-financed by the ESF, the ERDF and the CF, in particular managing authorities (MAs), intermediate bodies (IPs) and implementing authorities (IAs) must ensure that the competent decision-making body or party to a project co-financing agreement under an OP will commit the beneficiary in a decision or project co-financing agreement to apply the current Guiding Principles.

The provisions adopted in these Guiding Principles are also an expression of the inclusion of the provisions of the United Nations Convention on the Rights of Persons with Disabilities, ratified by Poland in 2012, within the framework of structural funds.

According to the Guiding Principles, the managing authorities in operating programmes develop criteria for the evaluation of applications for co-financing allocation in such a way that co-financing (also projects implemented by enterprises) is offered to projects that have a positive or neutral impact on the principle of equal opportunities and non-discrimination, including accessibility for people with disabilities, and the principle of equal opportunities for women and men. The creation of administrative capacity to implement equal opportunities and non-discrimination policies, including accessibility for people with disabilities and equal opportunities for women and men in relation to the European Structural and Investment Funds (EFSI) was regulated in the Action Plan for Equality and Non-discrimination 2014-2020 (22 April 2015).

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Pillar III: Access to remedies

4. OECD National Contact Point [page 49]

The OECD NCP’s main task is to promote and disseminate the OECD Guidelines for Multinational Enterprises … The OECD Guidelines are recommendations for the standards of responsible business conduct addressed by governments to enterprises whose business extends in any way beyond the boundaries of one country. The Guidelines should be respected by enterprises that are based in one of the countries that implement the Guidelines and wherever they conduct their economic activity. For this reason, it is worth ensuring that the Guidelines are available to all entrepreneurs.

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PILLAR I

The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law

Employment and occupation equality [pages 11-12]

According to Article 943 of the LC, the employer is obligated to take action against workplace mobbing, which includes acts or behaviour towards an employee or directed against an employee involving persistent and long-lasting harassment or bulling of an employee causing specific negative consequences. An employee who was harassed at work and developed health problems may claim an appropriate amount of money from the employer as a pecuniary compensation for the damage sustained.

Workplace bullying at one’s place of work or in connection with one’s work means a systematic repetition of certain behaviour directed at an employee that results in, e.g., the elimination of such an employee from the group. Particularly important in this case is the health aspect, which distinguishes the phenomenon of workplace bullying from an ordinary conflict.

Prevention of economic exploitation of children [page 12]

Article 3045 of the LC provides that work or other paid jobs may only be performed by a child under the age of 16 for the benefit of an entity conducting cultural, artistic, sporting, or advertising activity, and only with the prior consent of the child’s statutory representative or guardian, as well as permission from the relevant labour inspector. The relevant labour inspector must refuse permission if the performance of the work will endanger the life, health, or psychophysical development of the child or if it constitutes a threat to the child’s performance of his or her school duties.

Occupational safety and health[pages 14-15]

Article 7 of the International Covenant on Economic, Social and Cultural Rights calls on the States Parties to the Covenant to recognise the right of everyone to enjoy of just and favourable conditions of work, including safe and healthy working conditions, as well as rest, leisure, and reasonable limitation of working hours and periodic paid holidays, as well as remuneration for public holidays.

The provisions for ensuring safe and hygienic working conditions by employers are set out in Division 10 of the Labour Code, “Health and Safety at Work”, as well as in other generally applicable laws. In accordance with the provisions of the Labour Code, employers are obliged to protect the health and life of their employees by providing them with health and safety conditions at work that appropriately use science and technology achievements. Employers are also obligated to organise work in a manner that ensures the above-mentioned conditions. In addition, Division 10 of the Labour Code specifies the rights and obligations of employees with respect to health and safety at work, the basic health and safety requirements for buildings and working premises, as well as machines and other technical equipment, requirements regarding factors and processes of work that create particular threats to health or life, obligations providing employees with preventive health protection, employers’ obligations related to accidents at work and occupational diseases, obligations to provide health and safety training, obligations to provide employees with measures of individual protection and work clothes and shoes, requirements to establish a health and safety at work service, requirements to provide consultations on health and safety at work and a commission on health and safety at work.

In addition to the provisions of Division 10, the Labour Code also contains other provisions for the protection of the lives and health of women and young people who are employees, included in Division 8, “The Rights of Employees in Relation to Parenthood”, and Division 9, “Employment of Young People”. The provision of safe and hygienic work conditions for employees is also ensured by regulations of other laws, including the Construction Law, the Atomic Law, and the Geological and Mining Law.

The state’s activities as regards supervision and inspection of work conditions (in accordance with the requirements of international law) are important for ensuring health and safety at work. The system of measures that implement this policy is based, in particular, on the powers of the National Labour Inspectorate (reporting to the Sejm of the Republic of Poland) to supervise the observance of labour law, including health and safety at work, and the State Sanitary Inspection (reporting to the Minister of Health) to supervise compliance with work hygiene regulations. According to Article 304 of the LC, employers are obligated to ensure health and safety working conditions not only for their employees, but also for individuals performing work on a basis other than an employment contract at a work establishment or in a place designated by the employer, as well as for anyone conducting their own business activity at a work establishment or in a place designated by the employer. Obligations related to health and safety at work are applicable to non-employers who organise work performed by individuals on a non-employment basis and self-employed individuals. According to Article 3041 of the LC, the basic duties of employees (referred to in Article 211 of the LC) within the scope determined by an employer or another entity organising work will also be imposed on individuals who perform work on a different basis than an employment contract at a work establishment or in a place designated by the employer or other entity organising work, as well as on anyone conducting their own business activity at their work establishment or in a place designated by the employer or another entity organising work.

4. Investment strategy and an ideal investor’s profile [page 32]

The ideal investor should engage in broad employee care activities (e.g., by offering additional healthcare programmes or the ability to use in-company preschools and crèches). This contributes greatly to building responsible entrepreneurship and to recognising the role of entrepreneurs as actors of particular importance in the process of building civil society.

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Pillar I: The state’s duty to protect human rights

5. Planned changes in national legislation

Regulations on so-called whistle-blowers [page 25]

Efforts to regulate the position of so-called whistle-blowers will continue. Without changes in the sphere of the law and awareness, it will not be possible to realistically improve the situation of people who reveal abusive practices in Poland. Legislative work is currently under way at the Ministry of Justice with regard to regulations on the protection of whistle-blowers in Poland. It is also necessary to launch a broad social campaign due to the low level of social awareness of whistle-blowing and the role it plays in the public interest.

On 10 April 2017, a pilot programme called ‘Sygnaliści’ (Whistle-blowers) was initiated by the President of the Office of Competition and Consumer Protection. Anyone may report suspected anti-competitive agreement or abuse of a dominant position by a business on a dedicated telephone number or by email. This information can be submitted anonymously, and officials have no intention of determining the identity of the whistle-blower. However, there is a need to address the legal issues related to the status of whistle-blowers in a systematic way, and to protect them from possible negative consequences from the parties whose infringements they have reported.

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The Polish NAPs do not make an explicit reference to Indigenous Peoples.

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Pillar II: The corporate responsibility to respect human rights

 4. Investment strategy and an ideal investor’s profile [page 31 – 32]:

The development of the objectives of the Investment Strategy and investment support tools, including the amendment of the Programme for Supporting Investments of Significant Importance for the Polish Economy in 2011-2023, constitutes one of the measures implementing the Responsible Development Plan and the Strategy for Responsible Development. Defining the criteria for obtaining government assistance by selected investors who meet certain criteria (the so-called good practice catalogue) that, at the same time, are consistent with the concept of corporate responsibility, is an important element of the investment strategy from the perspective of respecting human rights. Apart from the elements of a purely economic nature, assistance should be granted to investors who not only contribute to the economic development of the country, but who also affect its development in the social, environmental, and work culture areas.

…

In addition, of special importance will be those investors who provide employees with tools that enable or facilitate saving. Investors should act in accordance with the UN principles for responsible investment and positively affect the regional communities and their immediate economic environment.

Read more about Investment treaties & investor-state dispute settlements

2017-2020 NATIONAL ACTION PLAN

Introduction

1. History of the initiative [page 4]:

It is essential that states ensure the effective judicial and extrajudicial enforcement of mechanisms for the handling of complaints on human rights violations in connection with economic activity. According to the Guiding Principles, victims should be given access to remedies and the possibility of redress for any harm incurred.

Pillar I: The state’s duty to protect human rights

1. Regulations relating to business and human rights under Polish law

Freedom of association [page 13]:

In accordance with Article 35(1)(c) of the Act on Trade Unions, discrimination against an employee because of his or her membership in a trade union, non-membership in a trade union, or the holding of a trade union function may result in criminal liability.

Pillar III: Access to remedies

1. Current Situation Regarding Access to Legal Remedies

Protection under civil law [page 38]:

The civil-law instruments that make it possible to seek judicial protection of claims by those affected by the activities of enterprises include:

1. lawsuits: Article 187 et. seq. Code of Civil Procedure;
2. class-action lawsuits under the Act of 17 December 2009 on Collective Redress Litigation (Journal of Laws, 2010, Item 44).

By applying these civil-law instruments, those affected can seek judicial protection of their personal interests, as well as claims for damages (personal or property).

According to Article 23 of the Civil Code (CC), the personal interests of a human being, in particular their health, freedom, dignity, freedom of conscience, name or pseudonym, image, privacy of correspondence, inviolability of home, and scientific, artistic, inventive, or improvement achievements are protected by civil law, independent of protection under other regulations. Article 24 § 1 and 2 CC stipulates that any person whose personal interests are threatened by another person’s actions may demand that the actions be ceased unless they are not unlawful. In the case of infringement, they may also demand that the person committing the infringement perform the actions necessary to remove its effects, in particular that the person make a declaration of the appropriate form and substance. Under the terms of the Civil Code, one can also claim monetary recompense or payment of an appropriate amount of money for the social cause indicated (Article 448 CC). If damage has been caused due to an infringement of a personal interest, the injured party may demand a remedy in accordance with general principles (Article 415 et seq. CC). The prerequisites for protecting personal interests that must be met together are: the existence of a personal interest, the threat or violation of that interest, and the unlawfulness of the threat or the violation.

The first two premises must be proven by the plaintiff seeking protection, while the defendant can defend themselves, demonstrating that they did not act unlawfully. The distribution of the burden of proof is therefore favourable to the plaintiff.

The legislator introduced the presumption of unlawfulness of the infringement of personal interests (Article 24 § 1 CC). However, claims cannot be made if the perpetrator demonstrates that the occurrence of one of the circumstances rules out the unlawfulness of the action, and they thus indicate the circumstances that justified the infringement of a particular personal interest.

The provisions of Articles 23 and 24 CC suggest that the protection of personal interests is comprehensive. Its exercise may take on a different character and be pursued through various measures, which may be both non-financial and financial in nature.

Non-financial protection measures include:

a) – claim for cessation;

b) – claim for removal of the effects of an infringement;

c) – Assertion lawsuit;

Financial protection measures include:

d) – claim for redressing non-financial damage;

e) – claim for recompense for property damage;

f) – claim for restitution of unjust enrichment;

g) – claim for non-performance of an agreement;

h) – claim for non-performance of an agreement (contractual liability).

Re: a). Claim for cessation

This claim, provided for in the first sentence of Article 24 § 1 CC, has a broad application. The premise is that somebody’s personal interests are threatened by another person’s unlawful actions. The eligible party may only demand that the actions be ceased.

The claim for cessation may be made primarily in the case of an infringement of personal interests, but there is a risk of further infringements in the future. In such a case, it will usually accompany claims for removal of the effects of an infringement or for redress. This measure can also be used in situations where there is only a risk of an infringement occurring in the future.

Re: b). Claim for removal of the effects of an infringement

The catalogue of measures to remove the effects of an infringement of personal interests is not exhaustive. When choosing the measures to remove the effects of an infringement of personal interests, account should also be taken of all circumstances, such as the behaviour of the person whose interests have been infringed, and, in particular, whether they provoked the incident. Issuing a statement is the most common measure of removing the effects of an infringement of dignity, privacy, or bodily integrity, whereas the content and form of the statement depends on the circumstances of the case. The option includes a withdrawal, an apology, a regret, a rectification, or an explanation of certain facts. An appropriate form is understood to be the manner in which the statement is communicated to third parties or the general public.

Re: c). Assertion lawsuit

Apart from the measures of non-financial protection of personal interests explicitly listed in Article 24 CC, the eligible party may also file a lawsuit to assert that it is entitled to a certain personal interest or that the interest has been infringed or threatened—the claim will be based here on Article 189 of the Code of Civil Procedure.

Re: d). Claim for monetary recompense

According to Article 24 § 1, in the case of an infringement of personal interests in accordance with the terms laid down in the Civil Code, the eligible party may demand monetary recompense or that an appropriate amount of money be paid to a specific public cause.

The provisions in question include:

• Article 445 CC, providing the possibility of awarding redress in the event of injury, induced health disorder, deprivation of freedom and inducement using deceit, violence or abuse of a dependence relationship to submit to an illicit sexual act. The act of harm must be an act of tort, but the principle of responsibility (fault, risk, equitability) is indifferent.
• Article 448 CC, according to which, in the event of infringement of one’s personal interests, the court may award to the person whose interests have been infringed an appropriate amount as monetary recompense for the harm suffered or may, upon their request, award an appropriate amount of money to be paid to a social cause chosen by them, irrespective of other means necessary to remove the effects of the infringement. In this case, the act of harm may be an act of tort, but the provision covers events of infringement of personal interests other than those referred to in Article 445 CC. The liability principle will manifest itself as fault only in the case of liability for one’s own act (Article 415 CC), but if the infringement of personal interests results, e.g., from an action on the part of an enterprise (Article 435 CC), establishing fault will not be required.
• Article 446 § 4 CC, according to which the court may also award an appropriate sum to the closest members of the deceased’s family as monetary recompense for the harm suffered. The principle of liability (fault, risk) will also depend on the basis of liability in this case.

Re: e). Claim for recompense for financial damage (personal injury)— ‘tort liability’.

Recompense for financial harm (personal injury) may be awarded in accordance with general principles, e.g., Article 415 et. seq. CC. In the case of an infringement of certain personal interests (health), the principle will apply to both financial and non-financial damage.

Re: f). Claim for restitution of unjust enrichment

An infringement of certain personal interests may lead to unjust enrichment of the perpetrator. This applies to incidents of financial exploitation of certain personal interests (image, name, right to privacy). It should be noted that the commercial use of personal interests, by concluding relevant agreements (e.g., to use an image or name in an advertisement, write a biography) may be the source of significant benefits.

Gaining benefits at the expense of another person without concluding a relevant agreement creates an obligation to return those benefits to the eligible party (Article 405 CC). Enrichment in this context means the expenditure saved against the conclusion of the relevant agreement. The entitled party will be impoverished by the same amount: due remuneration has not been included in his or her property. The party using the personal interests of another person for commercial purposes benefits unjustly at the expense of the entitled party. For such a claim, it is not important whether the eligible person was able to or wanted to use their interests commercially. In spite of the lack of harm, the entitled party may claim for restitution of enrichment.

Moreover, apart from the above-mentioned claims for damages in case of personal injury, individuals are entitled to adequate compensation claims in the event of financial harm. With regard to personal injury, these claims are based on the provisions of Article 415 et. seq. CC, including Article 435 CC referred to above.

According to Article 415 CC, anyone who, through their own fault, causes damage to another person is obliged to remedy it. This provision lays down general rules for liability for damage (to property and personal) caused by events called acts of tort, constituting so-called tort liability. Events causing damage (act of tort), the occurrence of damage itself, and the causal link between the incident and the damage are the premises of tort liability based on the perpetrator’s fault.

A person obliged to pay compensation is liable only for the normal consequences of the actions or omissions from which the damage arises (Article 361 § 1 CC). As a rule, the principle of full indemnity applies; thus, the remedy for damage covers the losses that the aggrieved party suffered and the benefits that it could have obtained had it not suffered the damage (Article 361 § 2 CC).

It is important to note that the above-mentioned general principles are modified when damage is caused by an action taken by an enterprise or establishment. In this regard, Article 435 CC provides that a person who runs their own business or an establishment set in motion by natural forces is liable for any personal or property damage caused by the operation of the enterprise or the establishment unless the damage is due to force majeure or solely to a fault on the part of the aggrieved party or a third party for whom they are not responsible.

[There is no paragraph g) contained within the NAP]

Re: h). Claim for non-performance of an agreement (contractual liability)

Protection under the law is also based on the disposition resulting from the content of Article 471 CC. According to this provision, a debtor is obliged to remedy any damage arising from non-performance or improper performance of an obligation unless the non-performance or improper performance is due to circumstances for which the debtor is not liable. The recompense for non-performance of an agreement under Article 471 CC is performance aimed at compensating for the damage caused by an unlawful action or omission on the part of the debtor. It has a different character than a claim for performance of an agreement, as its purpose is to compensate for the damage caused by the improper behaviour of the contractor, rather than to force the contractor to fulfil the obligation under the agreement. On the other hand, if the performance of a service is inconsistent with the content of the obligation, the creditor is entitled to claim recompense for the damage resulting from improper performance of the obligation.

Contractual liability covers any—even the slightest—infringement of an obligation. This refers both to instances of non-performance or improper performance of an obligation indicated in the provisions of Article 475 and Articles 476-482 CC (performance impossibility, delay default) and to any other discrepancy between the correct performance of a contractual obligation and the actual behaviour of the debtor.

According to Article 471 of the Civil Code, the debtor’s contractual liability arises if the following conditions are met:

1) damage to the creditor occurs in the form of financial damage;

2) the damage was caused by the debtor’s non-performance or improper performance;

3) there is a causal link between the fact of improper performance or non-performance of an obligation and the damage suffered (Article 361 et seq. CC).

The burden of proving the above conditions rests, in light of Article 6 CC, on the creditor, as the person who derives the legal consequences from these facts.

The debtor’s liability for non-performance or inadequate performance of an obligation has been formulated in accordance with the principle of fault. However, Article 471 CC contains a presumption that non-performance or improper performance of an obligation has been caused by the circumstances for which the debtor is liable. Acceptance of the debtor’s liability is not therefore conditional on the creditor’s proving that non-performance (or improper performance) of the obligation is a consequence of the circumstances for which the debtor is liable (Supreme Court judgment of 19 January 2002, V CKN 630/00).

Criminal law

The Provisions of the Penal Code [page 42]:

Under the Penal Code (PC), there are a number of provisions that can cover violations of human rights in connection with business activities. According to Article 53 § 2 of the Penal Code, in imposing a penalty, the court must, above all, take into account the motivation of the perpetrator, which may be, e.g., desire for personal gain. It is important to note that this provision applies to all crimes listed in the Penal Code. Provisions of substantive law should also be noted here, such as those concerning crimes against the rights of individuals performing paid work provided for in Chapter XXVIII (Articles 218-221 PC). In this context, it is worth mentioning the amendment to the Penal Code that introduced a definition of slavery (Article 115 § 23 PC) and a definition of trafficking in human beings (Article 115 § 22 PC) modelled on the standards set by the Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings. Penalisation was provided not only for the act itself, but also for the preparatory stage for its execution (Article 189a PC). In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labor of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labor under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labor.

…

Liability of collective entities [pages 42-43]:

According to the law, the liability of collective entities refers to prohibited acts that are offences (including fiscal offences) within the meaning of relevant substantive law. The exhaustive catalogue of punishable acts is broad and refers to a number of offences that are relevant for the protection of human rights, including prohibited acts against economic relations, sexual and moral rights, humanity, the environment, property, or related to terrorism. In order to secure the proper course of proceedings, even before they are initiated, it is possible to apply to the competent court to issue an order freezing the property of the collective entity for imminent penalty or forfeiture (Article 26 of the Act). In addition, the court may apply a preventive measure in the form of a prohibition of merger, division, or transformation of the collective entity while conducting proceedings against it, and also of encumbering its estate at that time or disposing of property without the consent of the court. Proceedings are initiated at the request of a prosecutor or the aggrieved party, and in cases concerning prohibited acts recognised by the law as acts of unfair competition, the proceedings may also be initiated at the request of the President of the Office of Competition and Consumer Protection. Under the law, the court may impose a financial penalty of between PLN 1,000 and PLN 5,000,000 against a collective entity, but not more than 3 per cent of its revenue generated in the financial year in which the offence constituting the basis of the collective entity’s liability was committed. In addition, the court may apply several other sanctions against a collective entity. To enforce a financial penalty, forfeiture, prohibitions, and to make the judgment public under Article 42 of the aforementioned law, the provisions of the Executive Penal Code are applicable, respectively, regarding the enforcement of a fine, forfeiture, prohibitions, and publication of the judgment, with the penalty being payable from the revenue of the collective entity. Furthermore, the determination or absence of the liability of a collective entity under the provisions of the law in question does not exclude the possibility of determining civil liability for the damage caused, administrative liability, or individual criminal liability of the perpetrator of the offence.

Legislative work is currently under way at the Ministry of Justice to change the provisions of the law. It will aim to increase the effectiveness of the collective liability system, especially with regard to combating serious economic and fiscal crimes. As practice shows, there is a need for significant improvements in the effectiveness of the existing mechanisms, as evidenced by the small number of cases against collective entities. In 2015, 14 cases were submitted before the courts; in 2014, 31 cases; in 2013, 26 cases. Analyses also indicate an insignificant amount of fines imposed under the law, which may indicate that it is used mainly for small collective entities. This leads to the conclusion that the model adopted in Poland requires substantial changes. The planned amendment is at the stage of preliminary analytical work.

…

Access to pre-trial assistance [page 43]:

In this context, it is also necessary to mention legal assistance at the pre-trial stage, which is a new mechanism under Polish law, facilitating access to the protective measures described above. The system of gratuitous legal assistance was launched on 1 January 2016, and is accessible from 1524 locations throughout Poland. These centres were established as a result of cooperation between the central administration and local governments. Some of the existing centres were entrusted to specialised nongovernmental organisations. Advice is given primarily by lawyers and legal advisors, and relates to cases at the pre-trial stage. Free legal services can be used by, among others, social assistance beneficiaries, Large Family Card holders, veterans, or individuals under the age of 26 or older than 65. Assistance is offered in the form of, e.g., advice about legal status, rights or obligations, presentation of a solution to a case, or preparation of necessary letters and documents.

…

Planned and ongoing activities a [page 52]:

Continuation of activities to ensure access to court and out-of-court remedies.

…

International Legal Framework in Force in Poland [page 56]:

In international law, there are no treaty provisions that impose obligations on international enterprises to respect human rights and make them liable for human rights infringement. Nevertheless, in certain multilateral conventions, states undertake to establish their jurisdiction over the extraterritorial activities of legal entities falling within the scope of the convention in question. Treaties of this kind provide for the obligation to introduce criminal liability for legal entities in national legislation. The agreements of this type to which Poland is a party include:

1. Council of Europe Criminal Law Convention on Corruption of 27 January 1999 (Journal of Laws of 2005, Item 249);
2. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 17 December 1999 (Journal of Laws of 2001, Item 264);
3. Council of Europe Convention on Cybercrime of 23 November 2001 (Journal of Laws of 2015, Item 728)
4. Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005. (Journal of Laws of 2009, Item 107);
5. Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007 (Journal of Laws of 2015, Item 608).
6. Directive 2014/95/EU on disclosure of non-financial and diversity information by certain large undertakings and groups.

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The Polish NAPs do not make an explicit reference to Land.

Read more about Land

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Introduction

2. Responsible business conduct (CSR/RBC) and human rights [page 6]

In Chapter IV [of the OECD Guidelines for Multinational Enterprises], Human Rights, it is stated that enterprises should respect human rights; avoid causing or contributing to adverse human rights impacts and address such impacts when they occur; seek ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products, or services through business relationships; have a policy commitment to respect human rights; carry out human rights due diligence; and co-operate through legitimate processes in the remediation of adverse human rights impacts.

Pillar II: Corporate responsibility to respect human rights

6. UN Guiding Principles in the operations of the Export Credit Insurance Corporation [page 32]

The issue of respecting human rights in the operations of export credit agencies was raised both in the work on the 2012 Recommendation (modification of the 2007 33 document) and during several years of its revision, culminating in the adoption of the current version by the OECD Council on 6 April 2016. The current version of the Recommendation, officially published on 3 April 2016 (TAD/ECG (2016) 3) takes greater account of the requirements for respecting human rights in a procedure known as due diligence in the social and environmental aspects, e.g., in the classification of export undertakings and risk assessment.

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Pillar III: Access to remedies

Tasks of the National Labour Inspectorate in the field of combating human trafficking and, in particular, forced labour [page 47]:

The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 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 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. Training courses are conducted at the National Labour Inspectorate Training Centre in Wroclaw 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.

Appendix 1

International Legal Framework in Force in Poland [page 57]:

(…) – Article 19: The right of migrant workers and their families to protection and assisstance.

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Introduction

3. Actions taken to align NAPs with the UN Guiding Principles

The Polish NAP refers briefly to the Polish NHRI (original: Rzecznik Praw Obywatelskich, English: Commissioner for Human Rights) on page 7 where it lists the Commissioner among the institutions involved in the NAP development.

Pillar III. Access to remedies [page 37]:

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.

Read more about National Human Rights Institutions/ Ombudspersons

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Pillar II: The corporate responsibility to respect human rights

Non-financial Reporting: Implementation of Directive 2014/95/EU to the Issue of Non-financial Reporting [page 30]:

Since January 2017, it has been mandatory for a certain group of companies to disclose information regarding the application of human rights policies in business practice in connection with the transposition of Directive 2014/95/EU into Polish law.

Directive 2014/95/EU on disclosure of non-financial and diversity information by certain large enterprises and groups came into force on 6 December 2014. EU Member States had two years to transpose the directive into national law.

It is estimated that the provisions will affect about 6,000 entities in the European Union, while in Poland some 300 enterprises may be required to disclose non-financial data. In Poland, the Ministry of Finance was responsible for the transposition. The Act of 15 December 2016 amending the Accounting Act was published on 11 January 2017 in the Journal of Laws (Journal of Laws 2017, Item 61) as a transposition of the above-mentioned Directive with respect to disclosure of extended non-financial information. The Act came into force on 26 January 2017 and will apply for the first time to reports prepared for the financial year beginning on or after 1 January 2017.

The implemented provisions of the Directive aim to increase the transparency of information with respect to corporate social responsibility (CSR) presented in management reports (in the form of a statement) or in separate reports as regards environmental, social, and occupational issues, respect for human rights, and anticorruption measures. New reporting obligations are addressed to large entities and generally include those that primarily operate in the financial sector, including banks, insurance companies, issuers of securities, and large capital groups.

Under the Directive and its transposed law, the companies subject to this obligation may apply any national, EU, or international reporting standards or guidelines, including their own rules.

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Pillar III: Access to remedies

Mediation in civil-, economic-, and individual labour-law [page 41]:

The National Labour Inspectorate 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 tasks, the National Labour Inspectorate cooperates with trade unions, employers’ organisations, workers’ self-government authorities, workers’ councils, social labour inspections, and public employment services in the meaning of the provisions on the promotion of employment and labour market institutions 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.

…

4. OECD National Contact Point [page 49-50, 53]

This includes details on the complaints procedure where an individual feels that there has been non-observance of the OECD Guidelines.

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Activity of the OECD National Contact Point for Responsible Business Conduct

The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister.

As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned:

• organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises,
• processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises.

One of the indicators for monitoring the implementation of the NAP in 2021-2024 will be information on the number of notifications of potential violations of the OECD Guidelines related to Chapters IV and V of the OECD Guidelines as received and processed by the OECD NCP. – page 11

Read more about Non-judicial grievance mechanisms

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Pillar III: Access to remedies

4. OECD National Contact Point [page 49]:

One of the remedies available to victims of human rights abuses by multinational enterprises is the possibility of notifying the OECD National Contact Point (OECD NCP) about the situation. The OECD NCP’s main task is to promote and disseminate the OECD Guidelines for Multinational Enterprises and, in particular situations, conduct proceedings to resolve conflicts that may arise in the course of the implementation of these Guidelines, also with respect to human rights. (…) In Poland, the NCP was established in 1998 in the structure of the central administration (Ministry of the Treasury and then the Ministry of Economy). Since 2001, the OECD NCP has been operating within the Polish Information and Foreign Investment Agency (PAIiIZ). In June 2016, in order to unify the operation of the public administration in the field of CSR and responsible business conduct (RBC), the OECD NCP was transferred from the PAIiIZ to the Ministry of Economic Development. The website of the Ministry of Economic Development provides detailed information about the OECD Guidelines for Multinational Enterprises and OECD NCP activities (http://www.mr.gov.pl/strony/zadania/wsparcie-przedsiebiorczosci/spoleczna-odpowiedzialnosc-przedsiebiorstw-csr/krajowy-punkt-kontaktowy-oecd/).

To file a notice of infringement of the OECD Guidelines for Multinational Enterprises, one should complete the appropriate form, available on the website of the Ministry of Economic Development, in particular referring to the specific provisions of the OECD Guidelines to which the notification applies and providing a detailed description of the activities of the enterprise that caused the infringement of the OECD Guidelines in the above areas. Upon receipt of the notice, the case is subject to a detailed examination by the OECD NCP, which may refer the case to mediation if the case is accepted.

...

Implementation of the National Action Plan

2. Monitering [page 53]:

The monitoring of the implementation of the National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights will be carried out through: (…)

• Analysis of the annual OECD NCP report submitted to the OECD, with respect to the number of infringement notifications submitted to the OECD NCP by Notices submitted to the OECD NCP providing notification of breaches by multinational enterprises (Chapters IV and V of the OECD Guidelines for Multinational Enterprises on human rights and labour rights);
• Analysis of the annual OECD NCP report submitted to the OECD, for the number of training sessions or seminars disseminating the OECD Guidelines for Multinational Enterprises (Chapter IV on Human Rights)”.

Appendix 1

International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights [page 55]:

Corporate responsibility for infringements of international human rights standards/norms is provided for in non-binding mechanisms. In this respect, apart from the UN Guiding Principles on Business and Human Rights, the following documents should be mentioned: The OECD Guidelines for Multinational Enterprises: rules for different areas, from employee relations, environmental issues, respect for human rights, and occupational safety, through issues of access to information, taxation, environmental protection, and due diligence in business. The OECD Guidelines contain a dispute settlement mechanism involving the possibility of submitting notifications to the OECD NCP on the infringement of the Guidelines. The OECD NCP examines the case and, provided it has grounds to do so, recommends mediation proceedings to the parties. (…)

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Pillar I: The State Duty to Protect Human Rights

3. Regulations on European Funds [page 18]

Article 7 of Regulation No 1303/2013 of the European Parliament and of the European Council of 17 December 2013 laying down common provisions on five EU funds obligates all Member States to take appropriate steps to prevent any form of discrimination, including based on disability. In view of the above, in 2015, the Ministry of Infrastructure and Development developed the Guidelines for the implementation of the principle of equal opportunities and non-discrimination, including accessibility for people with disabilities… The above-mentioned Guidelines aim to ensure the compatibility of operational programmes (OPs) with the principle of equal opportunities and non-discrimination, including accessibility, for people with disabilities… as well as to ensure a coherent approach in this respect under the European Social Fund (ESF), the European Regional Development.

…“The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation and implementation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes.”

The Guidelines are addressed to all institutions that participate in the implementation of operational programmes cofinanced by the ESF, the ERDF and the CF, in particular managing authorities (MAs), intermediate bodies (IPs) and implementing authorities (IAs). MAs ensure that the competent decision-making body or which is a party to a project co-financing agreement under an OP will commit the beneficiary in a decision or project cofinancing agreement to apply the current Guiding Principles. The provisions adopted in these Guiding Principles are also an expression of the inclusion of the provisions of the United Nations Convention on the Rights of Persons with Disabilities, ratified by Poland in 2012, within the framework of structural funds. According to the Guiding Principles, the managing authorities of operating programmes develop criteria for the evaluation of applications for co-financing allocation in such a way that co-financing (also projects implemented by enterprises) is offered to projects that have a positive or neutral impact on the principle of equal opportunities and non-discrimination, including accessibility for people with disabilities…The creation of administrative capacity to implement equal opportunities and nondiscrimination policies, including accessibility for people with disabilities… in relation to the European Structural and Investment Funds (EFSI) was regulated in the Action Plan for Equality and Nondiscrimination 2014-2020 (22 April 2015). 8 This document is primarily an action plan for the measures that should be taken by the institutions involved in the implementation of EU funds to ensure accessibility for people with disabilities. The above-mentioned documents provide a strategic and operational framework for the disbursement of structural funds corresponding to EU policies on equal opportunity. They also represent the government’s efforts to implement and promote the provisions of the United Nations Convention on the Rights of Persons with Disabilities. In practice, the intention is to give disabled clients of European funds an opportunity to participate in the EU budget, i.e., the opportunity to use the funds, choose a career without barriers, and thus enjoy full inclusion in society. Hence, the introduction of a number of tools intended to ensure such accessibility, e.g., universal design, rational improvements, digital accessibility, or architectural availability.

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.,… 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.

8. Equal opportunities for people with disabilities [page 35]

As regards equal opportunities for disabled people, entrepreneurs should take into account the following issues: – architectural accessibility: conducting accessibility audits, application of solutions that meet the needs of people with various disabilities, including systems supporting hearing, e.g., in conference rooms, main reception areas, facilities for the blind and visually impaired, ensuring the availability of sanitary facilities; – developing products, services, goods, and space based on the universal design concept or designing for everyone, including the disabled, seniors, pregnant women, people with baby strollers; – digital accessibility: accessible websites that should meet the WCAG 2.0 accessibility standard; accessibility of all digital content should be ensured, i.e., online publication of editable documents (e.g., open PDF, Word), avoiding scans of paper documents; – human resources policy: accessible working environment, employing disabled people (also other disadvantaged groups in the labour market); – application of rational improvements, i.e., changes and adjustments, in accordance with the needs of disabled employees and customers; – accessibility in information and promotion activities: social clauses in orders for the performance of tasks and services, communications (e.g., PR) expressed in a language that is easy to understand, respect for diversity, organisation of accessible events; – treatment of accessibility as the operating standard and the philosophy of the subject rather than a one-off operation. These issues are addressed both to the public administration and the business sector, and their implementation will enable the creation of modern-looking entities that are open to serving clients with diverse needs and effectively meet their expectations.

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Pillar II: The corporate responsibility to respect human rights

3. Non-financial reporting: implementation of Directive 2014-95-EU [page 30]:

(…) At the same time, the tasks included in the NAP help public administration: (…) conduct a coherent policy and provide information about planned activities in the field of respecting human rights in business.

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The Polish NAPs do not make an explicit reference to privatisation.

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Pillar I: The state’s duty to protect human rights

2. Public procurement [page 17-18]:

On 28 July 2016, an amendment to the Public Procurement Law (PPL) came into force, introducing a number of changes related to the implementation of new EU directives in the field of public procurement in the Polish legal system.³ One of the objectives of the new regulation is to enable contracting institutions to make better use of public procurement to support social policy objectives, i.a., by introducing a requirement for employment under a contract of employment.

Recognising the problems of contracting authorities with the practical application of Article 29(3)(a) of the law, and intending to ensure the most effective application of employment requirements under a contract of employment, the Public Procurement Office prepared and published on its website a legal opinion on the application of Article 29(3)(a) PPL. This takes into consideration the position of the Inspector-General for the Protection of Personal Data and, at the same time, provides guidance regarding the ability of contracting authorities to verify the fulfilment by contractors and subcontractors of the requirement of employment under a contract of employment of individuals performing activities in the course of a contract, together with the sample provisions referred to in Article 36(2)(8)(a) of the Public Procurement Law.

According to Recommendations of the Council of Ministers on the consideration by the government administration of social aspects in public procurement, the heads of government administration units are obliged to analyse the possibility of applying social clauses in all public procurement proceedings, including in contracts that do not comply with the provisions of the Public Procurement Law.

Successful implementation of social goals through public procurement requires educational activities among public procurement market participants. The Public Procurement Office carries out educational activities aimed at promoting social issues in public procurement primarily on the basis of the National Action Plans for Sustainable Public Procurement. The National Action Plan for Sustainable Public Procurement 2017-2020 envisages educational activities such as conferences, training, or the preparation of relevant publications.

Plans are in store to identify and issue a catalogue of good practices and to develop model documents. As part of planned educational activities, the Public Procurement Office intends to present to the Polish contracting authorities, among other things, the possibility of including in the procurement procedure public symbols of a social nature based on the criteria of respecting human rights in the production of goods subject to a public contract. With respect to reporting information on sustainable public procurement, the contracting authority will, under the new rules for drawing up annual reports on contracts awarded, include detailed information on social contracts awarded in the new Part VIII of the annual report form (Contracts to which the provisions of the law taking into account social aspects apply). This will help obtain comprehensive data on the inclusion of social aspects in public procurement.

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2017-2020 NATIONAL ACTION PLAN

Pillar II: The corporate responsibility to respect human rights

1. Implementation of the UN Sustainable Development Goals (2030 Agenda] [page 29]:

Key to ensuring success in achieving the Strategic Development Goals is their alignment with business strategies, promotion of a circular economy —environmentally friendly circulation of closed and sustainable value chains—by entrepreneurs, promotion of integrated and long-term thinking, and stakeholder engagement. Attention should also focus on the promotion of sustainable business models and the active involvement of SMEs that have limited business opportunities.

2021-2024 NATIONAL ACTION PLAN

Read more about Small & medium-sized enterprises

Pillar II: The Corporate Responsibility to Respect Human Rights

2. Corporate social responsibility in companies with State Treasury shareholding [page 32]

All businesses share the same responsibility for respecting human rights regardless of the title of ownership. State-owned companies should serve as a model for socially responsible business practices and should conduct business based on ethical, prosocial, and environmentally friendly principles across the board. These entities should promote a modern model of operations based on social responsibility and sustainable development in order to ensure their long-term economic viability. With that in mind, the Ministry of Treasury published the document Good Practices in the Scope of Corporate Social Responsibility in Companies with State Treasury Shareholding, which: – groups the expectations of the Minister of Treasury regarding actions in the field of corporate social responsibility, in accordance with the UN Guiding Principles; – specifies the guidelines for corporate social responsibility in companies with State Treasury shareholding; – presents recommendations for the managing bodies (management and supervisory boards) of companies with State Treasury shareholding and detailed recommendations for companies with State Treasury shareholding. As Poland ratified the Protocol of 2014 to Forced Labour Convention No 29 of 1930, it is necessary to initiate measures that will require employers in the public and private sectors to provide information under their reporting procedures on implemented procedures, processes, and standards for counteracting forced labour.

10. Planned and ongoing activities [page 37]

1) Promoting good practices in human rights and business, including with respect to state-owned enterprises and enterprises commissioned by the state..

Read more about State Owned Enterprises/ Public Private Partnerships

2017-2020 NATIONAL ACTION PLAN

Introduction

Responsible business conduct and human rights with regards to OECD Guidelines for Multinational Enterprises [page 6]:

The OECD takes a slightly broader approach to RBC, with a clear focus on the investment context, respect for human rights, protection of consumer rights, and due diligence in business. The principles of responsible business conduct were formulated in the OECD Guidelines for Multinational Enterprises in 1976, which were subsequently updated several times. In 2011, the scope of the OECD Guidelines was expanded to also include business relationships in the supply chain, introducing the concept of due diligence on the basis of risk assessment, with the addition of a chapter on human rights.

Pillar II: The corporate responsibility to respect human rights

2. Dialogue and Exchange of Knowledge and Experience in Implementing CSR, the NAP states [page 30]:

There are four categories of corporate activities that relate to corporate social responsibility: corporate governance, employees, the environment, and the product. The activities conducted within these categories may include: (…) a responsible approach to the supply chain, including to the extraction and transport of raw materials, production and transport of intermediates, responsible investments, stakeholder dialogue, and consumer education.

Implementation of the National Action Plan

1. Education [page 53] 

The public administration’s role in implementing responsible business conduct includes creating favourable conditions for shaping appropriate forms of cooperation that facilitate making a voluntary commitment to responsible development and social responsibility. Education and wide dissemination of RBC standards is an important element in this respect, including responsible supply chains and respect for human rights. These actions should be addressed both at direct producers and companies in the supply chain as well as consumers.

2021-2024 NATIONAL ACTION PLAN

Read more about Supply chains

2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

Addition of general principles in administrative proceedings [page 22]:

On the grounds of tax law, the Constitutional Court⁹ has indicated that the public administration authorities should, in accordance with the principle of in dubio pro tributario, resolve interpretation doubts in favour of the taxpayer. On the other hand, in the context of the protection of the right to property, the Supreme Administrative Court has argued in favour of restrictive interference with the rights of the owner.¹⁰ There is no doubt that the principle of in dubio pro libertate permeates all administrative law.¹¹ By extending this principle to the level of proceedings before administrative authorities, the provisions that are questionable should be interpreted in such a way that legitimate interests of citizens are not harmed.

Appendix 1

International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights [page 55]:

Corporate responsibility for infringements of international human rights standards/norms is provided for in non-binding mechanisms. In this respect, apart from the UN Guiding Principles on Business and Human Rights, the following documents should be mentioned: “The OECD Guidelines for Multinational Enterprises: rules for different areas, from employee relations, environmental issues, respect for human rights, and occupational safety, through issues of access to information, taxation, environmental protection, and due diligence in business. The OECD Guidelines contain a dispute settlement mechanism involving the possibility of submitting notifications to the OECD NCP on the infringement of the Guidelines. The OECD NCP examines the case and, provided it has grounds to do so, recommends mediation proceedings to the parties.

Read more about Taxation

2017-2020 NATIONAL ACTION PLAN

Pillar II: The Corporate Responsibility to Respect Human Rights

1. Implementation of the UN Sustainable Development Goals (2030 Agenda) [page 29]

The concept of responsible development as the basis for the Responsible Development Plan and the Strategy for Responsible Development is consistent with the implementation of the UN Sustainable Development Goals adopted in conjunction with the 2030 Agenda in September 2015. The Agenda highlights key global challenges, such as widespread poverty; growing inequalities; unemployment, especially among young people; health threats; natural disasters; conflicts; violence; huge disparities of opportunity, living standards, access to open and responsible public institutions; and threats related to climate change. At the same time, the 2030 Agenda includes a framework development plan, indicating 17 Sustainable Development Goals (SDGs) and 169 targets to stimulate development in the most important areas for people and the planet. The fundamental message is the pursuit of development that will guarantee a dignified life for everyone. The premise is that achieving the SDGs requires consistent actions and progress in three areas of sustainable development: economic, social, and environmental. The 2030 Agenda recognises the responsibility of every country for the achievement of the Sustainable Development Goals at the national level, taking into account different national realities, capacities, and levels of development, as well as respecting national policies and priorities. The goals of the 2030 Agenda relate to all social, professional, organisational, business, scientific, local, regional, and national groups. The challenge is to ensure that every stakeholder has a proper role and an opportunity to be involved in the implementation process in a responsible manner. The process of changes in the economic sphere should be accompanied by active employment policies to facilitate a fair transition to creating decent and safe working conditions. The SDGs also have a clear business justification with real opportunities to take concrete action on both investments (including in important sectors, such as infrastructure, energy, and industrial production) and responsible business conduct, such as appropriate labour standards, respect for workers’ rights, efficient use of resources, as well as clean and environmentally friendly technologies and production processes. The key to success in achieving the Sustainable Development Goals is their alignment with business strategies, through the promotion of a circular economy (environmentally friendly circulation of closed and sustainable value chains), promotion of integrated and long-term thinking, and stakeholder engagement. Attention should also be focused on the promotion of sustainable business models and the active involvement of SMEs that have limited business opportunities. The fulfilment of national priorities and strategic projects envisaged in the Strategy for Responsible Development will support the implementation of the 2030 Agenda and its SDGs.

2021-2024 NATIONAL ACTION PLAN

Read more about The 2030 Agenda for Sustainable Development

2017-2020 NATIONAL ACTION PLAN

PILLAR I

5. Planned changes in national legislation

Amendment to the Act on Tourism Services [page 25]

Plans are in store to undertake work on an amendment of regulations on the provision of hotel service, in order to introduce legislation related to the prevention of sexual exploitation of minors in hotel facilities (detailing requirements of hotel regulations), as recommended by the Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.

2021-2024 NATIONAL ACTION PLAN

Read more about Tourism sector

2017-2020 NATIONAL ACTION PLAN

Introduction 

1. History of the initiative [page 5]:

The Plan also aims to take into account the principles of corporate social responsibility in EU trade and investment agreements. In the above-mentioned document, the European Union and its Member States declared that they would develop national action plans for practical implementation of the UN Guiding Principles.

Pillar I: The state’s duty to protect human rights

5. Planned changes in national legislation

Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products [page 20]:

The Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products was prepared by the Ministry of Agriculture and Rural Development. Signed by the President on 28 December 2016, it will enter into force on 12 July 2017. The new law’s primary goal is to ensure the effective resolution of disputes between suppliers and buyers of food and agricultural products. A contractual advantage occurs when there is considerable disproportion between economic potential, while the weaker party has insufficient ability to sell or buy agricultural or food products from other entrepreneurs.

2021-2024 NATIONAL ACTION PLAN

Read more about Trade

2017-2020 NATIONAL ACTION PLAN

Pillar I: The state’s duty to protect human rights

 5. Planned changes in national legislation

Amendment to the Trade Union Act section [page 25]:

 The Ministry of Family, Labour and Social Policy has drafted a bill amending the Trade Union Act that provides for extending the right of workers to organize onto individuals performing paid work but not mentioned in the provisions of the Act (in particular contractors or self-employed individuals), who have all the characteristics of workers within the meaning of the Constitution. The proposed changes are a consequence of the decision of the Constitutional Tribunal of 2 June 2015, ref. Act K 1/13, which ruled that Article 2(1) of the Trade Union Act, in so far as it restricts the freedom of associating in and joining trade unions by individuals pursuing paid work not referred to in that provision, violates Article 59(1) in conjunction with Article 12 of the Constitution of the Republic of Poland. It is planned to adapt the provisions of the current trade union law to new realities after the extension of workers’ right to organize and the need to ensure that all trade unionists, irrespective of the nature of their legal relationship with their employer, are 26 able to freely exercise the right to organize in trade unions. The bill is currently in legislation. The draft law has been reviewed by social partners, e.g., as part of the proceedings of the Social Dialogue Council.

…

Right of female workers to protection [page 15]:

In view of the right of employed women to special protection under Article 8 of the European Social Charter, as well as the right of mothers to special protection during the period before and after childbirth under Article 10 of the International Covenant on Economic, Social and Cultural Rights, and under Article 177 LC, the employment relationship with a female employee during her pregnancy or while on maternity leave is subject to particular protection. During this time, an employer may not terminate an employment contract with or without notice unless there are reasons justifying termination without notice through the fault of the employee and an enterprise trade union representing the employee has consented to the termination of the employment contract.

During pregnancy or maternity leave, it is possible to terminate an employment contract solely in the event of the declaration of bankruptcy or the liquidation of the employer. In such cases, however, the employer is obliged to agree with the enterprise trade union representing the female employee on the date of the termination of their employment contract. If it is not possible to ensure other employment within that period of time, the female employee is entitled to the benefits specified in separate provisions on cash benefits from social security in the event of sickness or maternity.

The special protection of the employment relationship does not apply to female employees on a trial period not exceeding one month or to employees hired under an employment contract for a definite period of time concluded to replace an employee during a justified absence from work. These regulations also apply accordingly in the case of employees taking parental leave.

The Labour Code also contains a number of provisions governing specific rights of employees related to parenting, including the provisions on maternity, parental, paternity, and child-care leave, as well as provisions to facilitate the fulfilment of parental responsibilities in relation to child care and education, including regulations that make it possible to combine leave with part-time work or regulations on working time and the use of exemptions from work or breaks from work.

The particular protection of employment relationships during pregnancy and maternity leave is subject to modifications resulting from the provisions of the Act of 13 March 2003 on special rules regarding the termination of an employment relationship for reasons not related to employees (Journal of Laws of 2016, Item 1474). This law, which applies to employers with at least 20 employees, allows for termination of current employment and working conditions with notice, while still prohibiting termination, both in the case of collective redundancies and individual termination of an employment relationship during pregnancy and maternity leave. These regulations also apply accordingly in the case of employees taking parental leave.

According to the Act on the Implementation of Certain Regulations of the European Union Regarding Equal Treatment, in the case of a violation of the principle of equal treatment, laid down in that law, against an individual, including in connection with pregnancy, maternity leave, leave on terms of maternity leave, paternity leave, parental leave, or child-care leave, the person is entitled to compensation.

Pillar II: The corporate responsibility to respect human rights

Implementation of the UN Sustainable Development Goals [page 29]:

The SDGs also have a clear business justification with real opportunities to take concrete action on both investments (including in important sectors, such as infrastructure, energy, and industrial production) and responsible business conduct, such as appropriate labour standards, respect for workers’ rights, rational use of resources, and clean and environmentally friendly technologies and production processes.

Pillar III: Access to remedies

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 [pages 48,49]:

By verifying compliance with the law in relation to temporary workers, labour inspectors verify that there is 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.

…

6. Planned actions to provide access to remedies [page 50]:

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. (…)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.

Appendix 1

International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights, the NAP [page 55]:

ILO Tripartite Declaration of Principles on Multinational Enterprises and Social Policy of 1977 (last change in 2006): refers to the obligation of enterprises to respect human rights and workers’ rights in many respects, taking into account the existing ILO acquis.

2021-2024 NATIONAL ACTION PLAN

Read more about Workers’ rights

2. Ministry of Development Funds and Regional Policy

Activities under the European Social Fund

[page 7]

“Another area in which ESF+ support will be implemented is care for the youngest children. 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).”

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 14]

“The scope of the [new regulation specifying technical and construction conditions for buildings] regulation will include, among others, the introduction of provisions aimed at facilitating access to buildings and related facilities by persons with various types of disabilities, which will certainly exert an additional positive impact on other social groups such as older persons, carers with young children or persons with temporary motor dysfunctions.”

4. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 17]

“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’.”

Development programme for care institutions for children under the age of three TODDLER+

[page 20]

“Care institutions for children below the age of three are one of the tools enabling employees to combine private and professional life. The instrument which increases their territorial and financial availability is the Ministry’s programme for the development of childcare institutions for children under the age of three TODDLER+. It is announced annually, starting from 2011 (annual programme). The programme allows for co-financing of two types of activities:

a) establishment of new care facilities,

b) operation of care facilities.

Since 2011, approximately 56,500 facilities have been established with the funds obtained from the programme, including 37,400 facilities in 2017-2019. It is estimated that about 17,200 care facilities will be established with the funds of the ‘TODDLER+’ 2020 programme. Moreover, according to the results of the competition of ‘TODDLER+’ 2021 edition, the funds earmarked for the establishment of care facilities will make it possible to create about 25,000 such facilities. The programme is to be continued in the coming years.”

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 32]

“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 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

Statutory tasks

[page 35]

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

(…)

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

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:”

(…) “- 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”.

Read more about Children’s rights

5. Ministry of Finance

Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas

[page 24]

“To [the end of complying with the EU Regulation 2017/821 on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas), good practices are being introduced. They comprise in particular:”

(…)

• “• Undertaking cooperation with the Entrepreneurship Support Department of the Polish Agency for Enterprise Development as well as the CSR and Cooperation with NGOs Unit in the Minister’s Office in the Ministry of Development Funds and Regional Policy in order to reach a wide range of entrepreneurs who are subject to the obligations under aforesaid Regulation. Due to this cooperation, an even greater number of entrepreneurs receive information/training materials (e-learning), in the area of ‘conflict’ minerals.”

11. Ministry of Foreign Affairs

Authorisation to export arms and military equipment

[Page 30-31]

“The Security Policy Department of the Ministry of Foreign Affairs will take into account the United Nations Guiding Principles on Business and Human Rights in the course of assessment procedure regarding applications for granting permission to export arms and military equipment, in accordance with Articles 12 and 12 a. of the Act of 29 November 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Significance for State Security and for Maintaining International Peace and Security and Article 88 of the Act of 13 June 2019 on Conditions of Business Activity related to the Production of and Trade in Explosives, Weapons and Ammunition, as well as Products and Technologies to be used for Military or Police Purposes. A criterion taken into account by the Department when assessing applications for the granting of export licences is, inter alia, a risk assessment as to whether the arms to be exported could be used for activities in violation of international humanitarian law or whether the granting of the licence would have a negative impact on respect for human rights.”

Promotion of the Montreux Document on Private Military and Security Companies and the International Code of Conduct for Private and Military Security Companies

[page 31]

“The Ministry of Foreign Affairs plans to undertake activities aimed at promoting among entities contracted to protect Polish diplomatic missions the knowledge and application of both the International Code of Conduct for Private and Military Security Companies and the principles laid down therein, as well as the Montreux Document on Private Military and Security Companies, an intergovernmental document aimed at promoting respect for international humanitarian law and human rights by private military and security companies, especially when they are present in armed conflicts”.

Appendix 2 (information of the Ministry of Foreign Affairs)

Recommendations

[page 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:”

(…)

“- in justified cases, consult the planned activities with renowned specialised law firms, especially in countries where business activities are at risk due to the lack of transparent laws or particularly difficult conditions related to, for example, armed conflict; – provide Polish enterprises operating in the host country with information and advisory assistance to support them in ensuring respect for human rights in areas affected by armed conflict.”

Read more about Conflict-affected areas

3. Ministry of Economic Development and Technology

Development of new technical and construction conditions for buildings

[page 13-14]

“In connection with the amendments to the Act of 7 July 1994 – Construction Law introduced by the Act of 5 July 2018 on facilitations in the preparation and implementation of housing investments and accompanying investments (Journal of Laws item 1496) and the Act of 19 July 2019 on providing accessibility to persons with special needs (Journal of Laws item 1696), hereinafter referred to as the ‘Accessibility Act’, it is necessary to issue a new regulation specifying technical and construction conditions for buildings. These regulations should enter into force no later than 36 months from the date of entry into force of the Accessibility Act, i.e. from 20 September 2019. Due to the significant development in the field of design and implementation of investments, it is necessary to adopt solutions that will correspond to current technologies used in the construction industry, as well as accelerate and facilitate the process of implementation of investments, while being transparent and understandable for the recipient. In addition, issuing a new regulation will render it possible to introduce changes and clarify those regulations which currently raise interpretation doubts. The scope of the regulation will include, among others, the introduction of provisions aimed at facilitating access to buildings and related facilities by persons with various types of disabilities, which will certainly exert an additional positive impact on other social groups such as older persons, carers with young children or persons with temporary motor dysfunctions.”

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.”

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 33]

“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 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.”

Read more about Construction sector

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 11]

“The issue of due diligence in the field of human rights will also be of particular interest to the Advisory Board for Sustainable Development and Corporate Social Responsibility in view of the legislative changes planned at the EU level as regards due diligence in the area of human rights and environmental issues, as well as in the field of non-financial reporting covering, among others, issues concerning the respect for human rights. Monitoring the directions of legislative changes in non-financial data reporting planned at the EU level, as well as work in areas related to non-financial reporting, constitutes one of the tasks of the Working Group on the Development of Non-financial Reporting established on 31 March 2021.”

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 13]

“Integration of ESG (Environmental, Social and Governance) factors into long-term business strategy has become an area of increasing importance. It entails striving by entrepreneurs to balance their own expectations with those of their employees, customers, suppliers, and local communities. What is valuable – nowadays in particular – is the ability to use the perspective of viewing the company in the framework of concern for the social environment, both internal and external, as well as the natural environment. As regards the principles of corporate responsibility, the responsibility of enterprises in the processes of digitalisation and implementation of solutions based on state-of-the-art technologies is becoming an increasingly important area. Equally vital is the implementation of effective due diligence procedures for respecting human rights in business.”

Ministry of Finance

Revision of the Non-Financial Reporting Directive

[page 23]

“The Ministry of Finance is participating in legislative work at the EU level, which commenced after the presentation of the Commission’s proposal on 21 April 2021 and the transmission of all national language versions of the draft legislation, i.e. the draft directive as regards corporate sustainability reporting [COM(2021) 189], to the Member States on 16 June 2021. The Commission’s legislative proposal considerably broadens the scope of entities covered by non-financial reporting – according to the Commission’s estimates from about 12,000 companies to 49,000. Furthermore, the draft clarifies the scope of the reported information, also giving it a new name: sustainability reporting. The key changes proposed in the area of sustainability reporting include:

a. extending the scope of entities subject to sustainability reporting obligation to:

i. all large companies,

ii. small and medium-sized listed companies, which would start reporting three years after large

entities, except for listed micro-companies,

iii. large bodies of undertakings;

b. clarifying the scope of sustainability information to be reported;

c. empowering the EC to adopt uniform European standards on sustainability reporting obligatory for

reporting entities; the full standard would be obligatory for large companies, while its simplified

version – for small and medium-sized listed companies;

d. removing the possibility to report non-financial information in a separate report that is not part of

the management report;

e. introducing an obligation to verify sustainability information;

f. introducing an obligation for companies subject to such reporting to prepare financial statements

and management reports in the same format as issuers are obliged to use, i.e. the European Single

Electronic Format (ESEF).”

1. Ministry of Culture, National Heritage and Sports

Implementation of the equal-treatment policy in sports

[page 28-29]

“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:

(…)

3. Promoting the participation of women in management structures of Polish sports associations

and encouraging them to implement the recommendation following from the Good Governance Code

for Polish Sports Associations (PZS), which indicates that women should constitute at least 10% of the

PZS board composition if women account for more than 30% in national teams managed by the given PZS and at least 30% if there are more than 50% women in national teams.”

Read more about Corporate law & corporate governance

4. Ministry of Family and Social Policy

Protection of whistleblowers. Implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law

[page 22]

“Pursuant to Order No 229 of the Prime Minister of 1 December 2020, (Official Journal of the Republic of Poland ‘Monitor Polski’, item 1112), the Minister responsible for labour has been appointed to carry out legislative work at the governmental stage to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. The following measures are planned: …  3) The need to change the status and definition of a whistleblower, mirroring the solutions adopted in the European legislations. The status of a whistleblower should be granted by virtue of the law itself, eliminating the need for the prosecutor to grant the status of a whistleblower (resulting in the creation of a quasi-witness institution in the proceedings). The primary function of a whistleblower should consist in acting in the public interest by disclosing – in good faith – all irregularities and threats in the workplace (not only corruption-related), while enjoying statutory legal protection for such activity.”

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 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;”

Read more about Corruption

14. Office of Competition and Consumer Protection

‘Whistleblowers’ programme

[page 41]

“The WhistleB platform guarantees Whistleblowers the highest level of protection and anonymity. If the notifiers themselves do not provide their data – it is impossible to identify them. Moreover, it should be pointed out that personal data provided by Whistleblowers are not made available to external entities. The connection between the Office of Competition and Consumer Protection, the application and the Whistleblower is encrypted and password-protected. Metadata are automatically removed from the files attached. Therefore, the IP of the notifier’s computer cannot be determined. The provider of the above-mentioned tool does not have access to the content placed on the platform. Access to information is two-step, and only a designated group of persons employed in the Office of Competition and Consumer Protection have access passwords.”

Read more about Data protection & privacy

11. Ministry of Foreign Affairs

Development aid

[page 31]

“The UN Guiding Principles on Business and Human Rights will be implemented and disseminated by the Department of Development Cooperation of the Ministry of Foreign Affairs, as a permanent element taken into account during the evaluation, approval and implementation of aid projects. Entities implementing projects supervised by the Department of Development Cooperation: both ministries and their subordinate institutions, as well as NGOs and local governments (as part of a competition) will be informed about the Guidelines. They will also be taken into account in the context of project monitoring and evaluation, as part of the implementation of the provisions of the instruction for diplomatic missions directly managing development projects while implementing them with local partner institutions. The relevant passage of this instruction reads: ‘When implementing development cooperation projects the mission shall take into account the UN Guiding Principles on Business and Human Rights.’ The key document defining the framework for Polish aid activities is the Multiannual Development Cooperation Programme 2021-2030 Solidarity for Development. The new programme includes the provision ‘Polish development cooperation is implemented according to UN Guiding Principles on Business and Human Rights’. Thus, the obligation to apply the Guiding Principles is included in the most important programme document of Polish aid.”

Read more about Development finance institutions

4. Ministry of Family and Social Policy

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

[page 16]

“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:”

(…)

“increasing the awareness of older persons as regards the possibilities of increasing their professional activity thanks to the Internet and other telecommunications technologies.”

(…)

“Promoting knowledge of the principles of the silver economy among commercial and non-commercial entities will be implemented through:

 – conducting information activities addressed to entrepreneurs, as well as social and solidarity economy entities as regards knowledge of the principles of the silver economy and needs and solutions related to accessibility and adaptation of websites and electronic services to older persons;”

4. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 18]

“The document identifies eight priority areas of the Strategy.”

(…)

“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.”

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

Trainings

[page 43-44]

5.Topic: Combating hate speech crimes committed via the Internet, reference No K28/21. “Specific issues discussed during the training include, among others: the Internet as a space for hate speech offences – the scale, dynamics and specificity of the phenomenon; identifying the perpetrator of an act of hate speech committed via the Internet, the problem of identity theft – pretending to be another person; hate speech as an element of prohibited acts and freedom of speech, national and international case law; overcoming technical and legal difficulties in obtaining evidence from Internet service providers, owners and administrators of social networking sites.”

Read more about Digital technology & electronics sector

Poland’s second NAP makes no explicit reference to the Energy sector.

Read more about Energy sector

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 12-13]

“At the same time, investing in environmental protection and circular economy should provide the impetus for economic recovery from the COVID-19 crisis. (…) Integration of ESG (Environmental, Social and Governance) factors into long-term business strategy has become an area of increasing importance. It entails striving by entrepreneurs to balance their own expectations with those of their employees, customers, suppliers, and local communities. What is valuable – nowadays in particular – is the ability to use the perspective of viewing the company in the framework of concern for the social environment, both internal and external, as well as the natural environment.”

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 32-33]

“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:”

(…)

“• addition to the catalogue of rules for awarding public procurement contracts of the principle of economic efficiency (Article 17(1)), which means awarding a contract in a manner ensuring both the best quality of the subject-matter of the contract given the funds which the contracting body may allocate to its performance, as well as the best relation of expenditures to effects, including those of social, environmental and economic nature;

• obligation to conduct a needs and requirements analysis before launching the procedure, taking into account the type and value of the contract. As part of the analysis, under Article 83 of the new Public Procurement Law, the contracting body should also indicate the possibility of considering the social, environmental or innovative aspects of the contract;”

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:”

(…)

“- conduct its business with due care for the protection of the natural environment, in particular its elements important for the local community; maintain ongoing contact with the local community with respect to matters arising in relation to the conducted business activity and its impact on the life of the local community”

[page 48]

“- in the implementation of public procurement, take into account the so-called sustainable procurement criteria5 in order to integrate requirements, specifications and criteria ensuring environmental protection, social progress, and support for economic development”

Read more about Environment & climate change

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”

Read more about Equality & non-discrimination

Poland’s second NAP makes no explicit reference to Export credit.

Read more about Export credit

5. Ministry of Finance

Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas

[page 23-24]

“On 1 January 2021, new obligations took effect as regards supply chain due diligence for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. These obligations were established by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017. In Poland, the function of the authority responsible for ensuring effective and uniform implementation of the Regulation in question and for conducting ex-post controls of importers in the territory of the Republic of Poland has been assigned to the Head of the National Revenue Administration. The provisions of the above-mentioned Regulation are aimed at ensuring that minerals and metals from the so-called ‘3TG’ group (Tin, Tantalum, Tungsten, Gold) introduced into the EU will not finance conflicts or result in human rights violations. These minerals are among the most valuable and their mining industry makes a significant contribution to global economic development (industries such as electronics, aerospace, automotive, and jewellery). Therefore, efforts have been taken to encourage responsible sourcing of minerals, which should in principle help prevent criminal groups from gaining income relating to said minerals and hinder the pursuit of their activities, as well as help to secure world peace. EU ‘3TG’ importers will be required to ensure that all the minerals and metals they import (as defined in Annex I to the above-mentioned Regulation) are sourced responsibly and from non-conflict areas.

To this end, good practices are being introduced. They comprise in particular:

• Maintaining a dedicated tab on the website of the Ministry of Finance providing information on responsible sourcing of ‘3TG’ minerals: https://www.gov.pl/web/kas/konfliktowe-mineraly

• Various forms of meetings with selected importers and national industry organisations on ‘3TG’ minerals to build awareness related to the implementation of the provisions of the aforesaid Regulation, as well as OECD and UN guidelines

• Undertaking cooperation with the Entrepreneurship Support Department of the Polish Agency for Enterprise Development as well as the CSR and Cooperation with NGOs Unit in the Minister’s Office in the Ministry of Development Funds and Regional Policy in order to reach a wide range of entrepreneurs who are subject to the obligations under aforesaid Regulation. Due to this cooperation, an even greater number of entrepreneurs receive information/training materials (e-learning), in the area of ‘conflict’ minerals.

 • A newsletter sent to importers of ‘3TG’ minerals in Poland and sending important information to importers’ e-mail addresses, e.g. information on changes in regulations, instructions, explanations.

• Operating a contact line for importers of ‘3TG’ minerals. Contact details are available on the dedicated website of the Ministry of Finance (link above).

The practices identified above allow businesses to learn what benefits they gain by introducing due diligence into their supply chains, help companies introduce due diligence into their metals and minerals supply chains, as well as understand, assess and mitigate risks pertaining to responsible sourcing.”

Read more about Extractives sector

Poland’s second NAP makes no explicit reference to Extraterritorial Jurisdiction.

Read more about Extraterritorial jurisdiction

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

Trainings

[page 43]

“1. 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. Target audience: judges, assessor judges and court referendaries adjudicating in civil and commercial divisions as well as assistant judges adjudicating in those divisions, and prosecutors and assessors in public prosecutor’s office dealing with civil law cases.

Number of editions: 4.

Number of participants: 200 (50 participants in each edition, including 2 places for prosecutors in each edition).

Duration of training: 6-8 hours.

Form of training: seminar (online).”

(…)

4. Topic: Bankruptcy, liquidation of an entrepreneur, reference No C42/21

Specific issues discussed during the training include, among others: termination of an employment relationship as a result of bankruptcy, liquidation of an enterprise; rights of an employer and employee in the event of bankruptcy and liquidation; regulations precluding protection of employee’s rights; the order in which layoffs are effected, group layoffs, the amount of severance pay; the impact of bankruptcy and restructuring proceedings on ongoing proceedings in labour law cases. Target audience: judges, assessor judges and court referendaries adjudicating in labour and social security divisions as well as assistant judges adjudicating in those divisions, and prosecutors and assessors in public prosecutor’s office dealing with civil law cases.

Number of editions: 2.

Number of participants: 100 (50 participants in each edition, including 2 places for prosecutors in each

edition).

Duration of training: 16 hours. Form of training: seminar, workshops.”

Read more about Finance & banking sector

Poland’s second NAP makes no explicit reference to the Fisheries and aquaculture sector.

Read more about Fisheries and aquaculture sectors

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 10]

“The plans of the Working Group [for Relations with Individuals Performing Work] 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”

(…)

“- developing tools for entrepreneurs as set out in the handbook on tools for minimising forced labour in enterprises in an electronic version, downloadable from the website of the Working Group for Relations with Individuals Performing Work”

[page 11]

(…)

“- cooperation with other multilateral cooperation platforms for counteracting undesirable phenomena related to the  failure to respect human rights in business activity of enterprises, e.g. with the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration.”

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.”

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.” 

11. Ministry of Foreign Affairs

Consular activities

[page 30]

“ 1. Trainings for persons about to hold consular posts

The Consular Department of the Ministry of Foreign Affairs in cooperation with the Ministry of the Interior and Administration and with the participation of representatives of the NGO La Strada will organise cyclical training for candidates for consular posts. The aim of the training is to familiarise future consular staff with the subject of trafficking in human beings, to provide information on emerging forms of trafficking in human beings, to indicate how an alleged victim of such activities can be identified and how and to what extent a consul can provide assistance.

2. Preventive actions and cooperation with other entities

(…) Moreover, consuls shall take part in meetings devoted to the phenomenon of trafficking in human beings organised by the authorities of the countries of accreditation and organisations operating there. These issues are raised within the framework of local consular cooperation with representations of other EU Member States. The missions also maintain ongoing contact with labour inspectorates, public order services, NGOs and foundations dealing with this issue. Representatives of the Ministry of Foreign Affairs participate in meetings of the Unit for Preventing Trafficking in Human Beings and maintain close contact with NGOs supporting victims of trafficking in human beings, e.g. with the ITAKA Foundation. In cooperation with the Ministry of the Interior and Administration, the Consular Department of the Ministry of Foreign Affairs placed on the e-consulate website (https://e-konsulat.gov.pl/), in all nine language versions, a banner on counteracting trafficking in human beings, directing to the website of the National Consulting and Intervention Centre for the Victims of Trafficking in Human Beings (in relevant languages – https://www.kcik.pl/).

Consular assistance activities

Assistance to Polish citizens, as well as unrepresented citizens of an EU Member State who are, inter alia, potential victims of trafficking in human beings abroad, will be provided on an individual basis under the provisions of the Act of 25 June 2015 – Consular Law. “

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 34]

“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 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 (…) prohibition of forced labour”

(…)

“• Article 108(1), concerning the obligation to exclude from public procurement procedures economic operators who have been the subjects of a conviction for trafficking in human beings,” 

13. National Labour Inspectorate

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

[page 37-38]

“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 counteract the phenomenon of trafficking in human beings for forced labour through the implementation of an appropriate information policy, the application of regulations and guidelines relevant to consular services in this regard and ongoing cooperation with services and NGOs dealing with this issue.”

Read more about Forced labour & modern slavery

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 32]

“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 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,”

Read more about Freedom of association

Poland’s second NAP makes no explicit reference to the Garment, Textile and Footwear Sector.

Read more about Garment, Textile and Footwear Sector

2. Ministry of Development Funds and Regional Policy

Activities under the European Social Fund

[page 7]

“Another area in which ESF+ support will be implemented is care for the youngest children. 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.”

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 28-29]

“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.

3. Promoting the participation of women in management structures of Polish sports associations and encouraging them to implement the recommendation following from the Good Governance Code for Polish Sports Associations (PZS), which indicates that women should constitute at least 10% of the PZS board composition if women account for more than 30% in national teams managed by the given PZS and at least 30% if there are more than 50% women in national teams.

Although the Good Governance Code for PZS is a non-legislative tool and does not constitute a source of rights or obligations directly for the addressees, it provides an opportunity to promote desirable models without interfering with the autonomy of the sports movement.”

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 32]

“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 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

[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;”

Read more about Gender & women’s rights

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 10]

“The effectiveness of activities carried out so far in the form of cooperation within the Advisory Board for Sustainable Development and Corporate Social Responsibility encourages further development of the initiative and dialogue with representatives of various institutions and sectors. Therefore, the activities of the Advisory Board for Sustainable Development and Corporate Social Responsibility will be continued in the years to come. Within the framework of the Advisory Board’s work, plans involve a continuation of activities in the field of promoting standards related to respect for human rights in business activity of enterprises. A significant role in this respect will be played by the Working Group for Relations with Individuals Performing Work. The scope of tasks of the Working Group will be determined each time by the Advisory Board for Sustainable Development and Corporate Social Responsibility within the framework of annual action plans. 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”

Activity of the OECD National Contact Point for Responsible Business Conduct

[page 11-12]

“The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister. As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned:

– promotion of the OECD Guidelines for Multinational Enterprises and the OECD sectoral recommendations, with particular emphasis on those concerning respect for human rights,

  continuation of activities aimed at translating OECD documents on responsible business, which have not yet been translated into Polish, including involvement of representatives of relevant industries and sectors in the process of translation and verification of the documents,

– organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises,

– processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises.

(…)

in the coming years and in line with the expectations of the social partners the OECD NCP plans to increase the number of events promoting the OECD Guidelines, such as webinars or conferences. These events will also include one promoting responsible business standards in the context of respect for human rights in business activities of enterprises.

4. Ministry of Family and Social Policy

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

[page 16-17]

“In 2018, a document was adopted setting out the directions of social policy towards older persons in Poland: Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY (Official Journal of the Republic of Poland ‘Monitor Polski’, of 2018, item 1169)”

(…)

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

(…)

“- promoting good practices and sharing experiences in this area.”

(…)

“Promoting knowledge of the principles of the silver economy among commercial and non-commercial entities will be implemented through:

– conducting information activities addressed to entrepreneurs, as well as social and solidarity economy entities as regards knowledge of the principles of the silver economy and needs and solutions related to accessibility and adaptation of websites and electronic services to older persons;”

(…)

“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

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”

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).”

5.Ministry of Finance

Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas

[page 24]

“On 1 January 2021, new obligations took effect as regards supply chain due diligence for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. These obligations were established by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017.”

(…)

“To this end, good practices are being introduced. They comprise in particular:

• Maintaining a dedicated tab on the website of the Ministry of Finance providing information on responsible sourcing of ‘3TG’ minerals: https://www.gov.pl/web/kas/konfliktowe-mineraly

• Various forms of meetings with selected importers and national industry organisations on ‘3TG’ minerals to build awareness related to the implementation of the provisions of the aforesaid Regulation, as well as OECD and UN guidelines.

• Undertaking cooperation with the Entrepreneurship Support Department of the Polish Agency for Enterprise Development as well as the CSR and Cooperation with NGOs Unit in the Minister’s Office in the Ministry of Development Funds and Regional Policy in order to reach a wide range of entrepreneurs who are subject to the obligations under aforesaid Regulation. Due to this cooperation, an even greater number of entrepreneurs receive information/training materials (e-learning), in the area of ‘conflict’ minerals.

• A newsletter sent to importers of ‘3TG’ minerals in Poland and sending important information to importers’ e-mail addresses, e.g. information on changes in regulations, instructions, explanations.”

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.” 

9. Ministry of State Assets

Best practices for WSE-listed and State Treasury (ST) companies

[page 28]

“There are plans to develop best practice recommendations for companies listed on the WSE which, in line with global trends, will emphasise the importance of non-financial capital (e.g. human or environmental capital) used by companies and extend the scope of reporting on non-financial factors. Every year, the Prime Minister issues Guidelines for companies with State Treasury shareholding preparing financial statements, containing information on non-financial reporting (part III of the Guidelines). The Ministry of State Assets also analyses the possibility of introducing – at the level of good practices – regulations for ST companies concerning corporate social responsibility.”

10. Ministry of Culture, National Heritage and Sports

Implementation of the equal-treatment policy in sports

[page 28-29]

“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.

3. Promoting the participation of women in management structures of Polish sports associations and encouraging them to implement the recommendation following from the Good Governance Code for Polish Sports Associations (PZS), which indicates that women should constitute at least 10% of the PZS board composition if women account for more than 30% in national teams managed by the given PZS and at least 30% if there are more than 50% women in national teams. Although the Good Governance Code for PZS is a non-legislative tool and does not constitute a source of rights or obligations directly for the addressees, it provides an opportunity to promote desirable models without interfering with the autonomy of the sports movement.”

11. Ministry of Foreign Affairs

Maps of risks and threats to human rights in business context and good practice catalogues

[page 29]

“The Embassies of the Republic of Poland will continuously update the Maps of risks and threats to human rights in business in the host countries and good practice catalogues. Once a year, by order of the Department of United Nations and Human Rights of the Ministry of Foreign Affairs, all embassies will send the updated Maps and Catalogues both to the Headquarters and to other Polish missions in their host countries (Consulates General and Polish Institutes). The aforesaid documents will be placed on the internal website of the Ministry of Foreign Affairs in the Diplopedia section, in the State Websites tab, as information material available to the employees of the Ministry of Foreign Affairs as well as to people going on missions. At embassies, persons shall be appointed whose scope of duties includes monitoring of human rights issues in business context and familiarising new staff in the mission with relevant documents relating to the UN Guiding Principles. Pre-departure training on business and human rights based on the UN Guiding Principles will continue for heads of mission and all others going to work in foreign missions.”

13. National Labour Inspectorate

Statutory tasks

[page 35]

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

(…)

“- providing technical guidance and legal advice;”

Supervisory and inspection activities

[page 37]

“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).”

14. Office of Competition and Consumer Protection

Tasks related to counteracting the unfair use of contractual advantage

[page 40]

“The President of the Office of Competition and Consumer Protection will continue to perform tasks related to counteracting the unfair use of contractual advantage in trade in agricultural and food products. Their main objective will still be to improve the situation of the weaker participants of the agri-food market through ongoing monitoring of the situation in its individual segments, as well as carrying out explanatory and relevant proceedings in a consistent manner. The activity of the President of the Office of Competition and Consumer Protection should lead to an increase in the level of awareness of agri-food market participants, and thus result in a decrease in the number of violations.”

Appendix 2 (information of the Ministry of Foreign Affairs)

Recommendations

[page 46]

“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”;

[page 48]

“- provide Polish enterprises operating in the host country with information and advisory assistance to support them in ensuring respect for human rights in areas affected by armed conflict.”

Read more about Guidance to business

2. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 17-20]

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

(…)

“Another priority area of the Strategy is ‘Living conditions and social protection’. “

(…) “Within the ‘Health’ priority area, measures have been planned in order to fulfil Poland’s obligations following from the Convention (Article 25), in particular to provide persons with disabilities with health care, access to health services and programmes taking into account their specific requirements and needs with respect to health prevention, prevention of secondary complications and deterioration of health condition, medical rehabilitation and optimisation of the quality of functioning. The planned measures concern, among others, improvement of accessibility of preventive medical treatment, improvement of accessibility of health services, improvement of access to rehabilitation services and the highest quality medical devices, development of a model of comprehensive rehabilitation, reform in the field of mental health and improvement of medical personnel’s competencies in the field of health care of persons with disabilities.”

Read more about Health and social care

4. Ministry of Family and Social Policy

Protection of whistleblowers. Implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law

[page 22] “Pursuant to Order No 229 of the Prime Minister of 1 December 2020, (Official Journal of the Republic of Poland ‘Monitor Polski’, item 1112), the Minister responsible for labour has been appointed to carry out legislative work at the governmental stage to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. The following measures are planned: …  3) The need to change the status and definition of a whistleblower, mirroring the solutions adopted in the European legislations. The status of a whistleblower should be granted by virtue of the law itself, eliminating the need for the prosecutor to grant the status of a whistleblower (resulting in the creation of a quasi-witness institution in the proceedings). The primary function of a whistleblower should consist in acting in the public interest by disclosing – in good faith – all irregularities and threats in the workplace (not only corruption-related), while enjoying statutory legal protection for such activity.”

14. Office of Competition and Consumer Protection

‘Whistleblowers’ programme

[page 41] “The WhistleB platform guarantees Whistleblowers the highest level of protection and anonymity. If the notifiers themselves do not provide their data – it is impossible to identify them. Moreover, it should be pointed out that personal data provided by Whistleblowers are not made available to external entities. The connection between the Office of Competition and Consumer Protection, the application and the Whistleblower is encrypted and password-protected. Metadata are automatically removed from the files attached. Therefore, the IP of the notifier’s computer cannot be determined. The provider of the above-mentioned tool does not have access to the content placed on the platform. Access to information is two-step, and only a designated group of persons employed in the Office of Competition and Consumer Protection have access password.”

Read more about Human rights defenders & whistle-blowers

11. Ministry of Foreign Affairs

Maps of risks and threats to human rights in business context and good practice catalogues

[page 29]

“The Embassies of the Republic of Poland will continuously update the Maps of risks and threats to human rights in business in the host countries and good practice catalogues. Once a year, by order of the Department of United Nations and Human Rights of the Ministry of Foreign Affairs, all embassies will send the updated Maps and Catalogues both to the Headquarters and to other Polish missions in their host countries (Consulates General and Polish Institutes). The aforesaid documents will be placed on the internal website of the Ministry of Foreign Affairs in the Diplopedia section, in the State Websites tab, as information material available to the employees of the Ministry of Foreign Affairs as well as to people going on missions. At embassies, persons shall be appointed whose scope of duties includes monitoring of human rights issues in business context and familiarising new staff in the mission with relevant documents relating to the UN Guiding Principles. Pre-departure training on business and human rights based on the UN Guiding Principles will continue for heads of mission and all others going to work in foreign missions.”

11. Ministry of Foreign Affairs

[page 30-31]

Authorisation to export arms and military equipment

“The Security Policy Department of the Ministry of Foreign Affairs will take into account the United Nations Guiding Principles on Business and Human Rights in the course of assessment procedure regarding applications for granting permission to export arms and military equipment, in accordance with Articles 12 and 12 a. of the Act of 29 November 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Significance for State Security and for Maintaining International Peace and Security and Article 88 of the Act of 13 June 2019 on Conditions of Business Activity related to the Production of and Trade in Explosives, Weapons and Ammunition, as well as Products and Technologies to be used for Military or Police Purposes. A criterion taken into account by the Department when assessing applications for the granting of export licences is, inter alia, a risk assessment as to whether the arms to be exported could be used for activities in violation of international humanitarian law or whether the granting of the licence would have a negative impact on respect for human rights.”

Appendix 2 (information of the Ministry of Foreign Affairs)

Recommendations

[page 46]

“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:”

(…) “- acquire and expand knowledge of the host country – its history, social and economic problems, culture and customs in the context of developing business contacts; develop and continuously update risk and threat maps as regards human rights in the host country taking into account periodic reports prepared within the framework of the UN and the EU;”

Read more about Human rights impact assessments

2. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 32]

“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,”

Read more about Indigenous peoples

Poland’s second NAP makes no explicit reference to Investment treaties and investor-state dispute settlement (ISDS).

Read more about Investment treaties & investor-state dispute settlements

2. Ministry of Development Funds and Regional Policy

Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services

[page 10]

“In 2019, Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services (European Accessibility Act, EAA) entered into force. The mechanisms ensuring conformity with the accessibility requirements comprise:”

(…)

“- Alternative dispute resolution mechanisms

– Administrative and judicial channels

– Any consumer will be able to lodge a complaint (take an action to a court or public administration body) with additional powers of NGOs in this respect.”

Activity of the OECD National Contact Point for Responsible Business Conduct

[page 11-12]

“The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister. As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned: – promotion of the OECD Guidelines for Multinational Enterprises and the OECD sectoral recommendations, with particular emphasis on those concerning respect for human rights, – continuation of activities aimed at translating OECD documents on responsible business, which have not yet been translated into Polish, including involvement of representatives of relevant industries and sectors in the process of translation and verification of the documents, – organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises, – processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises. The OECD Guidelines for Multinational Enterprises address respect for human rights in business activity of enterprises in Chapter IV and, in part, also in Chapter V on employment relations including labour rights. Across the 50 countries implementing the OECD Guidelines for Multinational Enterprises, human rights violations constitute one of the most frequent reasons for filing notifications to the OECD NCP. Hence, one of the indicators for monitoring the implementation of the NAP in 2021-2024 will be information on the number of notifications of potential violations of the OECD Guidelines related to Chapters IV and V of the OECD Guidelines as received and processed by the OECD NCP. Moreover, in the coming years and in line with the expectations of the social partners the OECD NCP plans to increase the number of events promoting the OECD Guidelines, such as webinars or conferences. These events will also include one promoting responsible business standards in the context of respect for human rights in business activities of enterprises.”

6. Ministry of Justice

Draft Act amending the Act – the Code of Civil Procedure and certain other acts

[page 24-25]

“As intended by the legislators, the new draft Act amending the Act – the Code of Civil Procedure and certain other acts is to increase the scope of protection of consumer rights and strengthen the position of the consumer as a party to proceedings against the entrepreneur. The foregoing aim is to be 25 achieved primarily through the introduction of new separate proceedings with the participation of consumers, the provisions of which will also apply when the entrepreneur who is a party to the proceedings has ceased his business activity. In cases heard in accordance with the provisions governing these proceedings, the consumer will be able to bring an action also before the court of their place of residence. This will not apply, however, to cases in which the jurisdiction of the court is exclusive.”

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.”

Liability of collective entities for prohibited acts

[page 25]

“As regards liability of collective entities for prohibited acts, a draft of the relevant law, introducing a modern model of such liability, was drafted in 2018 at the Ministry of Justice and adopted by the Government, and then referred to parliamentary work. The draft has been discontinued due to the end of the term of the Sejm. The Ministry of Justice will examine the possibility of resuming work on the draft law.”

6. Ministry of Justice

Mediation

[page 25-26]

“The Ministry of Justice is planning activities in the area of mediation, including the establishment of the National Register of Mediators. In 2018-2019, during meetings with the Judges-Coordinators for Mediation operating by Regional Courts and during the meetings of The Council for the Alternative Methods of Disputes and Conflicts Resolution by the Minister of Justice, comments and reservations were raised on the functioning of the permanent lists of mediators kept by the Heads of the Regional Courts, as regards no possibility of verifying persons entered on the lists who no longer actively practice the profession of mediator.”

(…)

“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”

(…)

“The activities implemented as part of the aforementioned project are addressed primarily to citizens interested in making use of mediation proceedings, judicial authorities as those referring cases to mediation, as well as mediators and persons who want to obtain qualifications in mediation.”

13. 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]

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

(…)

“– 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;

– providing technical guidance and legal advice;”

[page 36]

“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; – registration of an establishment’s collective bargaining agreements; – 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.”

Powers of PIP authorities

[page 36]

“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 gainful employment, when provided for by law, and participating in these cases as public prosecutors.

– imposing fines on entities performing carriage by road or other activities related to this kind of carriage in violation of the obligations or conditions of carriage by road.”

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]

“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.”

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 40 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.”

14. Office of Competition and Consumer Protection

Tasks related to counteracting the unfair use of contractual advantage

[page 40]

“The President of the Office of Competition and Consumer Protection will continue to perform tasks related to counteracting the unfair use of contractual advantage in trade in agricultural and food products. Their main objective will still be to improve the situation of the weaker participants of the agri-food market through ongoing monitoring of the situation in its individual segments, as well as carrying out explanatory and relevant proceedings in a consistent manner.”

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

Trainings

[page 42]

“1. 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.

Target audience: judges, assessor judges and court referendaries adjudicating in civil and commercial divisions as well as assistant judges adjudicating in those divisions, and prosecutors and assessors in public prosecutor’s office dealing with civil law cases. Number of editions: 4. 

Number of participants: 200 (50 participants in each edition, including 2 places for prosecutors in each edition).

Duration of training: 6-8 hours.

Form of training: seminar (online).

[page 43]

“3. Topic: Agency agreement in court practice, reference No C34/21

 Specific issues discussed during the training include, among others: agency agreement, employment agreement, mandate agreement – differentiating elements (personal, economic and social risk, degree of subordination between an agent and a client, subordination of an employee); parties’ claims under an agency agreement during its term and following its termination; non-compete clause and claims arising therefrom; enforceability and prescription of claims in the case law of the Supreme Court and appellate courts.

Target audience: judges, assessor judges and court referendaries adjudicating in civil, commercial, labour law and social divisions as well as assistant judges adjudicating in those divisions, and prosecutors and assessors in public prosecutor’s office dealing with civil law cases.

Number of editions: 4. Number of participants: 200 (50 participants in each edition, including 2 places for prosecutors in each edition).Duration of training: 6-8 hours.

Form of training: seminar (online).”

[page 43]

“4. Topic: Bankruptcy, liquidation of an entrepreneur, reference No C42/21.

Specific issues discussed during the training include, among others: termination of an employment relationship as a result of bankruptcy, liquidation of an enterprise; rights of an employer and employee in the event of bankruptcy and liquidation; regulations precluding protection of employee’s rights; the order in which layoffs are effected, group layoffs, the amount of severance pay; the impact of bankruptcy and restructuring proceedings on ongoing proceedings in labour law cases.

Target audience: judges, assessor judges and court referendaries adjudicating in labour and social security divisions as well as assistant judges adjudicating in those divisions, and prosecutors and assessors in public prosecutor’s office dealing with civil law cases.

Number of editions: 2.

Number of participants: 100 (50 participants in each edition, including 2 places for prosecutors in each edition).

Duration of training: 16 hours. Form of training: seminar, workshops”

[page 43-44]

“5. Topic: Combating hate speech crimes committed via the Internet, reference No K28/21.

Specific issues discussed during the training include, among others: the Internet as a space for hate speech offences – the scale, dynamics and specificity of the phenomenon; identifying the perpetrator of an act of hate speech committed via the Internet, the problem of identity theft – pretending to be another person; hate speech as an element of prohibited acts and freedom of speech, national and international case law; overcoming technical and legal difficulties in obtaining evidence from Internet service providers, owners and administrators of social networking sites.

Target audience: judges and assessor judges adjudicating in criminal divisions as well as assistant judges adjudicating in those divisions, and prosecutors, assessors in public prosecutor’s office and prosecutor’s assistants.

Number of editions: 2. Number of participants: 100 (50 participants in each edition).

Duration of training: 6-8 hours.

Form of training: seminar (online).”

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:

– for judges, assessor judges and assistant judges on the issue of discrimination and anti-discrimination legislation

– 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 indiscrimination 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.”

Read more about Judicial remedy

Poland’s second NAP makes no explicit reference to Land.

Read more about Land

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 10-11]

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

(…)

“- monitoring international trends concerning proposed regulatory solutions for increasing the responsibility of enterprises in the area of respecting human rights, supporting the process of 11 possible implementation of regulatory solutions in this field into the Polish legislation, creating due diligence procedures by enterprises,”

(…) “The issue of due diligence in the field of human rights will also be of particular interest to the Advisory Board for Sustainable Development and Corporate Social Responsibility in view of the legislative changes planned at the EU level as regards due diligence in the area of human rights and environmental issues, as well as in the field of non-financial reporting covering, among others, issues concerning the respect for human rights. Monitoring the directions of

legislative changes in non-financial data reporting planned at the EU level, as well as work in areas related to non-financial reporting, constitutes one of the tasks of the Working Group on the Development of Non-financial Reporting established on 31 March 2021.”

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 13)

“Integration of ESG (Environmental, Social and Governance) factors into long-term business strategy has become an area of increasing importance. It entails striving by entrepreneurs to balance their own expectations with those of their employees, customers, suppliers, and local communities. What is valuable – nowadays in particular – is the ability to use the perspective of viewing the company in the framework of concern for the social environment, both internal and external, as well as the natural environment. As regards the principles of corporate responsibility, the responsibility of enterprises in the processes of digitalisation and implementation of solutions based on state-of-the-art technologies is becoming an increasingly important area. Equally vital is the implementation of effective due diligence procedures for respecting human rights in business.”

5. Ministry of Finance

Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas

[page 24]

“To [the end of complying with the EU Regulation 2017/821 on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas), good practices are being introduced. They comprise in particular:”

(…)

“• Undertaking cooperation with the Entrepreneurship Support Department of the Polish Agency for Enterprise Development as well as the CSR and Cooperation with NGOs Unit in the Minister’s Office in the Ministry of Development Funds and Regional Policy in order to reach a wide range of entrepreneurs who are subject to the obligations under aforesaid Regulation. Due to this cooperation, an even greater number of entrepreneurs receive information/training materials (e-learning), in the area of ‘conflict’ minerals.”

(…)

“The practices identified above allow businesses to learn what benefits they gain by introducing due diligence into their supply chains, help companies introduce due diligence into their metals and minerals supply chains, as well as understand, assess and mitigate risks pertaining to responsible sourcing.”

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]

“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”

Read more about Mandatory human rights due diligence

13. National Labour Inspectorate

Statutory tasks

[page 36]

“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.”

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

[page 38]

“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.”

(…)

“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.”

(…)

“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 39]

“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.”

Read more about Migrant workers

Poland’s second NAP makes no explicit reference to National Human Rights Institutions (NHRIs) / Ombudspersons.

Read more about National Human Rights Institutions/ Ombudspersons

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 11]

“The issue of due diligence in the field of human rights will also be of particular interest to the Advisory Board for Sustainable Development and Corporate Social Responsibility in view of the legislative changes planned at the EU level as regards due diligence in the area of human rights and environmental issues, as well as in the field of non-financial reporting covering, among others, issues concerning the respect for human rights. Monitoring the directions of legislative changes in non-financial data reporting planned at the EU level, as well as work in areas related to non-financial reporting, constitutes one of the tasks of the Working Group on the Development of Non-financial Reporting established on 31 March 2021”

5.Ministry of Finance

Revision of the Non-Financial Reporting Directive

[page 23)

“The Ministry of Finance is participating in legislative work at the EU level, which commenced after the presentation of the Commission’s proposal on 21 April 2021 and the transmission of all national language versions of the draft legislation, i.e. the draft directive as regards corporate sustainability reporting [COM(2021) 189], to the Member States on 16 June 2021. The Commission’s legislative proposal considerably broadens the scope of entities covered by non-financial reporting – according to the Commission’s estimates from about 12,000 companies to 49,000. Furthermore, the draft clarifies the scope of the reported information, also giving it a new name: sustainability reporting. The key changes proposed in the area of sustainability reporting include:

a. extending the scope of entities subject to sustainability reporting obligation to:

i. all large companies,

ii. small and medium-sized listed companies, which would start reporting three years after largeentities, except for listed micro-companies,

iii. large bodies of undertakings;

b. clarifying the scope of sustainability information to be reported;

c. empowering the EC to adopt uniform European standards on sustainability reporting obligatory for reporting entities; the full standard would be obligatory for large companies, while its simplified version – for small and medium-sized listed companies;

d. removing the possibility to report non-financial information in a separate report that is not part of the management report;

e. introducing an obligation to verify sustainability information;

f. introducing an obligation for companies subject to such reporting to prepare financial statements and management reports in the same format as issuers are obliged to use, i.e. the European Single Electronic Format (ESEF).”

9. Ministry of State Assets

Best practices for WSE-listed and State Treasury (ST) companies

[page 28]

“There are plans to develop best practice recommendations for companies listed on the WSE which, in line with global trends, will emphasise the importance of non-financial capital (e.g. human or environmental capital) used by companies and extend the scope of reporting on non-financial factors. Every year, the Prime Minister issues Guidelines for companies with State Treasury shareholding preparing financial statements, containing information on non-financial reporting (part III of the Guidelines).”

Read more about Non-financial reporting

2. Ministry of Development Funds and Regional Policy

Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services

[page 10]

“In 2019, Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services (European Accessibility Act, EAA) entered into force.”

(…)

“The mechanisms ensuring conformity with the accessibility requirements comprise:

(…)

• Alternative dispute resolution mechanisms

• Administrative and judicial channels

• Any consumer will be able to lodge a complaint (take an action to a court or public administration body) with additional powers of NGOs in this respect.”

Read more about Non-judicial grievance mechanisms

2. Ministry of Development Funds and Regional Policy

Activity of the OECD National Contact Point for Responsible Business Conduct

[page 11-12]

“The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister. As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned:

– promotion of the OECD Guidelines for Multinational Enterprises and the OECD sectoral recommendations, with particular emphasis on those concerning respect for human rights,

 – continuation of activities aimed at translating OECD documents on responsible business, which have not yet been translated into Polish, including involvement of representatives of relevant industries and sectors in the process of translation and verification of the documents,

– organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises,

 – processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises.

The OECD Guidelines for Multinational Enterprises address respect for human rights in business activity of enterprises in Chapter IV and, in part, also in Chapter V on employment relations including labour rights. Across the 50 countries implementing the OECD Guidelines for Multinational Enterprises, human rights violations constitute one of the most frequent reasons for filing notifications to the OECD NCP. Hence, one of the indicators for monitoring the implementation of the NAP in 2021-2024 will be information on the number of notifications of potential violations of the OECD Guidelines related to Chapters IV and V of the OECD Guidelines as received and processed by the OECD NCP. Moreover, in the coming years and in line with the expectations of the social partners the OECD NCP plans to increase the number of events promoting the OECD Guidelines, such as webinars or conferences. These events will also include one promoting responsible business standards in the context of respect for human rights in business activities of enterprises.”

Read more about OECD National Contact Points

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.”

Accessibility Plus Programme

[page 8]

“In the years 2021-2027, initiatives launched in previous years will be continued.(…) Plans are also in place to renew competitions for entrepreneurs related to the popularisation of products meeting the needs of the elderly and persons with disabilities.”

Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services

[page 8-9]

“In 2019, Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services (European Accessibility Act, EAA) entered into force. (…) The Directive is the first EU instrument to address accessibility in a comprehensive and horizontal way. Its scope is broad, covering products and services deemed as the most relevant to the daily lives of persons with disabilities and for which Member States have adopted or could adopt divergent national accessibility requirements, which would distort the functioning of the internal market. The Directive aims to ensure that common accessibility rules are applied by economic operators (both private and public) in order to provide greater certainty to economic transactions while helping to avoid social exclusion caused by inaccessible products and services. The Directive is also intended to implement the provisions of the UN Convention on the Rights of Persons with Disabilities.”

(…)

“The beneficiaries of the Directive are:

1. Persons with disabilities – defined in accordance with the United Nations Convention on the Rights of Persons with Disabilities – are the group of persons directly benefiting from the EAA”

3. Ministry of Economic Development and Technology

Development of new technical and construction conditions for buildings

[page 14]

“The scope of the regulation will include, among others, the introduction of provisions aimed at facilitating access to buildings and related facilities by persons with various types of disabilities, which will certainly exert an additional positive impact on other social groups such as older persons, carers with young children or persons with temporary motor dysfunctions.”

4.Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 17-20]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy. On 25 February 2021, Resolution No 27 of the Council of Ministers of 16 February 2021 on the adoption of the document ‘Strategy for Persons with Disabilities 2021–2030’ was published in the Official Journal of the Republic of Poland ‘Monitor Polski’ under item 218. The Resolution entered into force 14 days following its announcement. The development and adoption of the Strategy for Persons with Disabilities fulfils one of the basic horizontal conditions for the financing of the EU Cohesion Policy in 2021-2027, namely the implementation and application of the Convention on the Rights of Persons with Disabilities, by way of establishing a framework for a comprehensive national policy for persons with disabilities in line with its provisions. The development of the Strategy for Persons with Disabilitiesalso follows from the provisions of the Strategy for Responsible Development for the period up to 2020 (including the perspective up to 2030), adopted by way of Resolution of the Council of Ministers of 14 February 2017. The key objective of the Strategy for Persons with Disabilities is the inclusion of persons with various types of disabilities in social and professional life, thus guaranteeing them the rights enshrined in the Convention on the Rights of Persons with Disabilities. The document provides for a comprehensive, horizontal, cross-sectoral approach of public policy to support persons with disabilities, taking into account their needs in the sphere of independent life and social inclusion.

The document identifies eight priority areas of the Strategy.

Within the first of the priority areas, namely ‘Independent life’, the actions planned seek to fulfil an overarching objective to guarantee the right to independent living to persons with disabilities under Article 19 of the Convention on the Rights of Persons with Disabilities.”

(…)

“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.”

(…)

“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. Therefore, this priority area of the Strategy provides for actions aimed at improving accessibility of public space for persons with disabilities and improving their situation in terms of mobility (pursuant to the provisions of Articles 9 and 20 of the Convention).

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.

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
• development of professional counselling for young people,
• development and ensuring to pupils and students with disabilities forms of communication
• adequate to their needs, including popularisation in education of the possibility of using augmentative and alternative communication methods (AAC),
• digitalisation of schools,
• development of lifelong learning.

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:

• modification and supplementation of the employment support system and professional activation of persons with disabilities, including through development and implementation of supported employment,
• professional activation of persons with disabilities implemented, inter alia, through employment in social and solidarity economy entities (especially in social enterprises),
• creation of work environment friendly for employees with disabilities, inter alia through working out a model of support for persons with disabilities in the work environment,
• 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,
• limitation of barriers in undertaking professional activity.

On the basis of so indicated outcomes for the Work priority area the key indicator was established as follows: Employment rate of working-age persons with disabilities, which in the base year 2018 reached the value of 26.2% and the target value is to be increased to 40% by 2030.

Another priority area of the Strategy is ‘Living conditions and social protection’. The main objective of the measures grouped under this priority, as stated in Article 28 of the Convention on the Rights of Persons with Disabilities, is to ensure adequate living conditions for persons with disabilities and their families, including the satisfaction of basic subsistence and material needs and necessary social protection. Measures under the ‘Living Conditions and Social Protection’ priority include combating poverty of persons with disabilities and their families, as well as meeting their housing needs. Within the ‘Health’ priority area, measures have been planned in order to fulfil Poland’s obligations following from the Convention (Article 25), in particular to provide persons with disabilities with health care, access to health services and programmes taking into account their specific requirements and needs with respect to health prevention, prevention of secondary complications and deterioration of health condition, medical rehabilitation and optimisation of the quality of functioning.

(…)

The Strategy for Persons with Disabilities 2021–2030 also provides for measures in the ‘Awareness-raising’ priority, which closely correspond to Article 8 of the Convention on the Rights of Persons with Disabilities, requiring a state party to the Convention to take immediate, effective and appropriate measures to raise awareness throughout society, including at the family level. These concern, inter alia, the mainstreaming of persons with disabilities in the media, changing the perceptions of persons with various disabilities, raising awareness of inclusive education for persons with disabilities, the introduction and dissemination of service standards for persons with various disabilities.

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.

Implementation of measures designed as part of priorities of the Strategy for Persons with Disabilities 2021–2030 will allow the establishment of a framework of comprehensive national policy for persons with disabilities, in line with the provisions of the Convention on the Rights of Persons with Disabilities. It will also translate into a planned increase in the activity rate and employment rate of persons with disabilities.”

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 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.”

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.”

2. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 33-34]

“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 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 100 concerning the requirement to draft the description of the subject-matter of the contract taking into account accessibility requirements for persons with disabilities and design for all users, unless this is not justified by the nature of the subject-matter of the contract,”

(…)

“• Article 242, which indicates that non-price contract award criteria used by the contracting body to select the most advantageous tender may be quality criteria, including functional characteristics such as accessibility for persons with disabilities or responding to user needs, as well as social aspects, including the social and occupational integration of disadvantaged persons.”

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.

(…)

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).

(…)

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.”

Read more about Persons with disabilities

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 12]

“A dynamic shift towards sustainable development has been observed at many levels of action. The Sustainable Development Goals have been increasingly mainstreamed in international and European policies. They are becoming a reference point both for EU development strategies (e.g. the European Green Deal) and for individual countries. The response to the COVID-19 crisis (European Recovery Instrument) is also based on the concept of sustainable development, and so is the National Recovery Plan, which will provide an impetus for business and public administration to undertake reforms and investments boosting the potential for growth and economic and social resilience, while fostering ‘green’ and digital transformation.

The transition to a sustainable economy will only succeed if – alongside the public sector – the private sector properly plays its part, tapping into its creativity, investment and entrepreneurship. Businesses, as drivers of economic growth and employment, have a significant role to play in fostering innovation, developing technology, research and development investments which, in turn, will drive progress on the SDGs in areas such as energy, construction, food, mobility, and climate action. At the same time, investing in environmental protection and circular economy should provide the impetus for economic recovery from the COVID-19 crisis.”

(…)

[page 13]

“From the point of view of the Coordinator of the implementation of the 2030 Agenda in Poland – the Ministry of Economic Development and Technology – in the coming years the implementation of the idea of sustainable development will strongly rely on the practical application of the provisions included in the report ‘Implementation of Sustainable Development Goals in Poland’, adopted by the Council of Ministers in June 2018, i.e.: first of all, supporting education for sustainable development, ensuring consistency of development policy and effective monitoring of progress in achieving the goals. The Ministry of Economic Development and Technology, in cooperation with the OECD and the EC, will implement a project consisting in the preparation and implementation of a programme to develop the competences of public administration in the area of sustainable development.

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]

“In 2018, a document was adopted setting out the directions of social policy towards older persons in Poland: Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY (Official Journal of the Republic of Poland ‘Monitor Polski’, of 2018, item 1169). (…) The entity responsible for the coordination of actions set out in the document is the Minister of Family and Social Policy. “

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 19]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy. (…) 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 20 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.”

Read more about Policy coherence

2. Ministry of Development Funds and Regional Policy

Activities under the European Social Fund

[page 7]

“Another important aspect of furthering social economy is the development social economy entities’ activities in the field of social services. Social economy entities, operating on the basis of local communities, are an important provider of social services. Thus, it is also critical to build up the market by way of encouraging local authorities to entrust social economy entities with the provision of said services.”

4. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 17]

“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.”

Read more about Privatisation

11.Ministry of Foreign Affairs

Public procurement

[page 31]

“In the coming years, the MFA intends to uphold the current trend of supporting social policy through public procurement. Due to the entry into force – as of 1 January 2021 of the new law of 11 September 2019 – Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598), the Ministry of Foreign Affairs amended the Regulations for the Award of Public Contracts at the Ministry of Foreign Affairs and the Guidelines for the Award of Public Contracts by Foreign Missions. It introduced, among other things, the obligation to prepare a needs and requirements analysis for contracts with a value equal to or exceeding the EU thresholds, taking into account social, environmental or innovative aspects of the contract.

In addition, the issues of the UN Guiding Principles are signalled during trainings for administrative and financial managers when discussing the description of the object of the contract and are included in the presentation.”

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 32-35]

“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:

• addition to the catalogue of rules for awarding public procurement contracts of the principle of economic efficiency (Article 17(1)), which means awarding a contract in a manner ensuring both the best quality of the subject-matter of the contract given the funds which the contracting body may allocate to its performance, as well as the best relation of expenditures to effects, including those of social, environmental and economic nature;

• obligation to conduct a needs and requirements analysis before launching the procedure, taking into account the type and value of the contract. As part of the analysis, under Article 83 of the new Public Procurement Law, the contracting body should also indicate the possibility of considering the social, environmental or innovative aspects of the contract;

• introduction of a legal basis for the creation of the state purchasing policy as a tool for implementing the state economic policy. Under the new Public Procurement Law (Article 21), the state purchasing policy defines the state’s priorities in the field of public procurement, as well as the desired direction of activities for contracting authorities with respect to awarding contracts, which includes in particular the purchase of innovative or sustainable products and services, taking into account, among others, corporate social responsibility and the use of social aspects.

The new Public Procurement Law also includes solutions of a social nature that were provided for in the existing public procurement legislation as well. Based on the experience of previous years, these regulations were simplified and made more precise so as to allow for an even better implementation of social policy objectives. These are as follows:”

• 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.

• 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 100 concerning the requirement to draft the description of the subject-matter of the contract taking into account accessibility requirements for persons with disabilities and design for all users, unless this is not justified by the nature of the subject-matter of the contract,

• Article 108(1), concerning the obligation to exclude from public procurement procedures economic operators who have been the subjects of a conviction for trafficking in human beings

• 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,

• Article 242, which indicates that non-price contract award criteria used by the contracting body to select the most advantageous tender may be quality criteria, including functional characteristics such as accessibility for persons with disabilities or responding to user needs, as well as social aspects, including the social and occupational integration of disadvantaged persons.

Given the entry into force of the new Public Procurement Law, the Public Procurement Office plans to organise a series of trainings and conferences devoted to social public procurement, where the above solutions, along with issues related to social public procurement, will be discussed. The Public Procurement Office plans also to prepare publications and materials that will not only cover the 35 relevant regulations, but will also contain practical examples of their application, as well as model documents to support contracting bodies in correct application of social instruments provided for in the Public Procurement Law.

These activities will be carried out by the Public Procurement Office with the participation of the funds from the European Social Fund under the project ‘Professionalization of human resources in the public procurement’ (Operational Programme Knowledge Education Development, Priority Axis II: Effective public policies for the labour market, economy and education, Measure 2.18: High quality administration services).”

Appendix 2 (information of the Ministry of Foreign Affairs)

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

[page 48]

Recommendations

“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:”

(…)

“- in the implementation of public procurement, actively apply the provisions of the ‘Public Procurement Law’ relating to the adherence to social aspects;

– in the implementation of public procurement, take into account the so-called sustainable procurement criteria in  order to integrate requirements, specifications and criteria ensuring environmental protection, social progress, and support for economic development”

Read more about Public procurement

11. Ministry of Foreign Affairs

Authorisation to export arms and military equipment

[page 30-31]

“The Security Policy Department of the Ministry of Foreign Affairs will take into account the United Nations Guiding Principles on Business and Human Rights in the course of assessment procedure regarding applications for granting permission to export arms and military equipment, in accordance with Articles 12 and 12 a. of the Act of 29 November 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Significance for State Security and for Maintaining International Peace and 31 Security and Article 88 of the Act of 13 June 2019 on Conditions of Business Activity related to the Production of and Trade in Explosives, Weapons and Ammunition, as well as Products and Technologies to be used for Military or Police Purposes. A criterion taken into account by the Department when assessing applications for the granting of export licences is, inter alia, a risk assessment as to whether the arms to be exported could be used for activities in violation of international humanitarian law or whether the granting of the licence would have a negative impact on respect for human rights.”

Promotion of the Montreux Document on Private Military and Security Companies and the International Code of Conduct for Private and Military Security Companies

[page 31]

“The Ministry of Foreign Affairs plans to undertake activities aimed at promoting among entities contracted to protect Polish diplomatic missions the knowledge and application of both the International Code of Conduct for Private and Military Security Companies and the principles laid down therein, as well as the Montreux Document on Private Military and Security Companies, an intergovernmental document aimed at promoting respect for international humanitarian law and human rights by private military and security companies, especially when they are present in armed conflicts”’

Read more about Security sector

5.Ministry of Finance

Revision of the Non-Financial Reporting Directive

[page 23]

“The Ministry of Finance is participating in legislative work at the EU level, which commenced after the presentation of the Commission’s proposal on 21 April 2021 and the transmission of all national 23 language versions of the draft legislation, i.e. the draft directive as regards corporate sustainability reporting [COM(2021) 189], to the Member States on 16 June 2021. (…) The key changes proposed in the area of sustainability reporting include: a. extending the scope of entities subject to sustainability reporting obligation to:

1. all large companies,
2. small and medium-sized listed companies, which would start reporting three years after large entities, except for listed micro-companies,
3. large bodies of undertakings;”

(…)

“c. empowering the EC to adopt uniform European standards on sustainability reporting obligatory for reporting entities; the full standard would be obligatory for large companies, while its simplified version – for small and medium-sized listed companies;”

Read more about Small & medium-sized enterprises

Poland’s second NAP makes no explicit reference to State owned enterprises/ public private partnerships.

Read more about State Owned Enterprises/ Public Private Partnerships

2. Ministry of Development Funds and Regional Policy

Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services

[page 9]

“In 2019, Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services (European Accessibility Act, EAA) entered into force.”

(…)

“The addressees of the Directive are as follows:

1. Economic operators: all economic operators falling within the scope of the EAA and intervening in the supply and distribution chain: manufacturers, authorised representatives, importers, distributors, and service providers. Accessibility obligations shall rest equally with economic operators in the public sector and those in the private sector.”

5. Ministry of Finance

Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas

[page 24]

“On 1 January 2021, new obligations took effect as regards supply chain due diligence for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. These obligations were established by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017.”

(…)

“Therefore, efforts have been taken to encourage responsible sourcing of minerals, which should in principle help prevent criminal groups from gaining income relating to said minerals and hinder the pursuit of their activities, as well as help to secure world peace. EU ‘3TG’ importers will be required to ensure that all the minerals and metals they import (as defined in Annex I to the above-mentioned Regulation) are sourced responsibly and from non-conflict areas.

To this end, good practices are being introduced. They comprise in particular:

• Maintaining a dedicated tab on the website of the Ministry of Finance providing information on responsible sourcing of ‘3TG’ minerals: https://www.gov.pl/web/kas/konfliktowe-mineraly”

(…)

“The practices identified above allow businesses to learn what benefits they gain by introducing due diligence into their supply chains, help companies introduce due diligence into their metals and minerals supply chains, as well as understand, assess and mitigate risks pertaining to responsible sourcing”

8. Ministry of Agriculture and Rural Development

Implementation of the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products

[page 27]

“Since July 2017, the provisions of the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (Journal of Laws of 2020, item 1213) have been in force in Poland. The provisions of the Act are aimed at eliminating the use of unfair trade practices in the supply chain of agricultural raw materials and food. A situation of considerable imbalance in the economic potential of enterprises may lead to unfair trade practices whereby larger and stronger trading partners try to impose practices or contractual arrangements favourable to them on the weaker party. (…) The implementation of the provisions of said Directive significantly changes the scope of the previously applied Act of 15 December 2016 on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products. In view of the foregoing, the Ministry of Agriculture and Rural Development has drafted a new Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products. (…) The new Act on 28 Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products will be more effective in limiting practices which may negatively affect the efficient functioning of the agricultural and food product supply chain and will also ensure effective mutual cooperation of relevant authorities of the Member States, and their cooperation with the European Commission”

14. Office of Competition and Consumer Protection

Tasks related to counteracting the unfair use of contractual advantage

[page 40]

“The President of the Office of Competition and Consumer Protection will continue to perform tasks related to counteracting the unfair use of contractual advantage in trade in agricultural and food products. Their main objective will still be to improve the situation of the weaker participants of the agri-food market through ongoing monitoring of the situation in its individual segments, as well as carrying out explanatory and relevant proceedings in a consistent manner. The activity of the President of the Office of Competition and Consumer Protection should lead to an increase in the level of awareness of agri-food market participants, and thus result in a decrease in the number of violations. The implementation of Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain, which will entail the adoption of a new Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products, will have a significant impact on the tasks performed by the President of the Office of Competition and Consumer Protection as regards the matters in question.”

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: – 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.”

Read more about Supply chains

Poland’s second NAP makes no explicit reference to Taxation.

Read more about Taxation

2. Ministry of Development Funds and Regional Policy

Responsible business – promoting due diligence standards

[page 10-11]

“The effectiveness of activities carried out so far in the form of cooperation within the Advisory Board for Sustainable Development and Corporate Social Responsibility encourages further development of the initiative and dialogue with representatives of various institutions and sectors. Therefore, the activities of the Advisory Board for Sustainable Development and Corporate Social Responsibility will be continued in the years to come. Within the framework of the Advisory Board’s work, plans involve a continuation of activities in the field of promoting standards related to respect for human rights in business activity of enterprises. A significant role in this respect will be played by the Working Group for Relations with Individuals Performing Work. The scope of tasks of the Working Group will be determined each time by the Advisory Board for Sustainable Development and Corporate Social Responsibility within the framework of annual action plans. 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”

(…)

“The issue of due diligence in the field of human rights will also be of particular interest to the Advisory Board for Sustainable Development and Corporate Social Responsibility in view of the legislative changes planned at the EU level as regards due diligence in the area of human rights and environmental issues, as well as in the field of non-financial reporting covering, among others, issues concerning the respect for human rights. Monitoring the directions of legislative changes in non-financial data reporting planned at the EU level, as well as work in areas related to non-

financial reporting, constitutes one of the tasks of the Working Group on the Development of Non-financial Reporting established on 31 March 2021.”

Other activities of the MDFRP [The Ministry of Development Funds and Regional Policy]

[page 12]

“Continuation is planned as regards the active participation of MDFRP representatives in the discussion on developing sustainable development trends at the international level, including its active participation in meetings of intergovernmental organisations and NGOs, international conferences, as well as partnership initiatives and joint projects.”

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 12]

“The COVID-19 pandemic has posed unprecedented challenges for the global economy and hindered effective achievement of the Sustainable Development Goals (SDGs). At the same time, it has set excellent ground for change, moving away from ‘business as usual’ and adapting operating models, both in and outside business, to the new challenges. The pandemic crisis has also brought to light the fact that the full implementation of the UN 2030 Agenda for Sustainable Development is crucial to give momentum to better recovery, transition towards a green and digital economy, strengthen its resilience and be well prepared for future shocks.

A dynamic shift towards sustainable development has been observed at many levels of action. The Sustainable Development Goals have been increasingly mainstreamed in international and European policies. They are becoming a reference point both for EU development strategies (e.g. the European Green Deal) and for individual countries. The response to the COVID-19 crisis (European Recovery Instrument) is also based on the concept of sustainable development, and so is the National Recovery Plan, which will provide an impetus for business and public administration to undertake reforms and investments boosting the potential for growth and economic and social resilience, while fostering ‘green’ and digital transformation.

The transition to a sustainable economy will only succeed if – alongside the public sector – the private sector properly plays its part, tapping into its creativity, investment and entrepreneurship. Businesses, as drivers of economic growth and employment, have a significant role to play in fostering innovation, developing technology, research and development investments which, in turn, will drive progress on the SDGs in areas such as energy, construction, food, mobility, and climate action. At the same time, investing in environmental protection and circular economy should provide the impetus for economic recovery from the COVID-19 crisis.”

(…)

“An effective response to a clearly emphasised direction of action at European and national level requires well-prepared human resources, able to combine competences, willing to cooperate and committed to change. Entrepreneurs facing unprecedented pandemic challenges need multidimensional assistance and systemic support in their transformation towards sustainable development, e.g. in terms of access to resources and knowledge on sustainable development – most SMEs are still not aware of the concept of sustainable development, lack adequate resources (human, capital) to build responsible business models.

From the point of view of the Coordinator of the implementation of the 2030 Agenda in Poland – the Ministry of Economic Development and Technology – in the coming years the implementation of the idea of sustainable development will strongly rely on the practical application of the provisions included in the report ‘Implementation of Sustainable Development Goals in Poland’, adopted by the Council of Ministers in June 2018, i.e.: first of all, supporting education for sustainable development, ensuring consistency of development policy and effective monitoring of progress in achieving the goals. The Ministry of Economic Development and Technology, in cooperation with the OECD and the EC, will implement a project consisting in the preparation and implementation of a programme to develop the competences of public administration in the area of sustainable development.

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”

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:”

(…)

“- maintain ongoing cooperation with relevant state offices, other diplomatic missions, nongovernmental organisations and business self-governments, as well as the Foreign Trade Office of the Polish Investment and Trade Agency (if operating in the host country), with regard to assessing the impact of planned economic activities on human rights and their significance for sustainable development;”

(…)

“- in the implementation of public procurement, take into account the so-called sustainable procurement criteria5 in order to integrate requirements, specifications and criteria ensuring environmental protection, social progress, and support for economic development”

Read more about The 2030 Agenda for Sustainable Development

8. Ministry of Agriculture and Rural Development

Implementation of the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products

[page 27] “Since July 2017, the provisions of the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (Journal of Laws of 2020, item 1213) have been in force in Poland. The provisions of the Act are aimed at eliminating the use of unfair trade practices in the supply chain of agricultural raw materials and food. A situation of considerable imbalance in the economic potential of enterprises may lead to unfair trade practices whereby larger and stronger trading partners try to impose practices or contractual arrangements favourable to them on the weaker party. (…) The implementation of the provisions of said Directive significantly changes the scope of the previously applied Act of 15 December 2016 on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products. In view of the foregoing, the Ministry of Agriculture and Rural Development has drafted a new Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products. (…) The new Act on 28 Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products will be more effective in limiting practices which may negatively affect the efficient functioning of the agricultural and food product supply chain and will also ensure effective mutual cooperation of relevant authorities of the Member States, and their cooperation with the European Commission”.

11. Ministry of Foreign Affairs

[page 30-31]

Authorisation to export arms and military equipment

“The Security Policy Department of the Ministry of Foreign Affairs will take into account the United Nations Guiding Principles on Business and Human Rights in the course of assessment procedure regarding applications for granting permission to export arms and military equipment, in accordance with Articles 12 and 12 a. of the Act of 29 November 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Significance for State Security and for Maintaining International Peace and Security and Article 88 of the Act of 13 June 2019 on Conditions of Business Activity related to the Production of and Trade in Explosives, Weapons and Ammunition, as well as Products and Technologies to be used for Military or Police Purposes. A criterion taken into account by the Department when assessing applications for the granting of export licences is, inter alia, a risk assessment as to whether the arms to be exported could be used for activities in violation of international humanitarian law or whether the granting of the licence would have a negative impact on respect for human rights.”

14. Office of Competition and Consumer Protection

Tasks related to counteracting the unfair use of contractual advantage

[page 40]

“The President of the Office of Competition and Consumer Protection will continue to perform tasks related to counteracting the unfair use of contractual advantage in trade in agricultural and food products. Their main objective will still be to improve the situation of the weaker participants of the agri-food market through ongoing monitoring of the situation in its individual segments, as well as carrying out explanatory and relevant proceedings in a consistent manner. The activity of the President of the Office of Competition and Consumer Protection should lead to an increase in the level of awareness of agri-food market participants, and thus result in a decrease in the number of violations. The implementation of Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain, which will entail the adoption of a new Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products, will have a significant impact on the tasks performed by the President of the Office of Competition and Consumer Protection as regards the matters in question.”

Read more about Trade

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.

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.

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]

“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.”

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;”

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