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

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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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2017-2020 NATIONAL ACTION PLAN

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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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 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.

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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.

2021-2024 NATIONAL ACTION PLAN

Read more about Judicial remedy

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

Read more about Land

2017-2020 NATIONAL ACTION PLAN

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

2017-2020 NATIONAL ACTION PLAN

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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Read more about Non-financial reporting

2017-2020 NATIONAL ACTION PLAN

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.

2021-2024 NATIONAL ACTION PLAN

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

2017-2020 NATIONAL ACTION PLAN

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. (…)

2021-2024 NATIONAL ACTION PLAN

Read more about OECD National Contact Points

2017-2020 NATIONAL ACTION PLAN

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.

2021-2024 NATIONAL ACTION PLAN

Read more about Persons with disabilities

2017-2020 NATIONAL ACTION PLAN

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.

2021-2024 NATIONAL ACTION PLAN

Read more about Policy coherence

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

Read more about Privatisation

2017-2020 NATIONAL ACTION PLAN

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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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.

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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..

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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.

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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.

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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]

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.

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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.

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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.

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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

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