Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Protection of Wages Convention, 1949 (No. 95) - Poland (Ratification: 1954)

1. Article 8 of the Convention. With reference to its previous comments, the Committee notes the Government's indication that the draft amendment of the Labour Code proposes to delete the second sentence of section 91 of the Code, which restricts the cancellation by the worker of his consent to the deduction of sums owing to a worker's mutual assistance and loan fund. The Government considers that the requirement of the worker's written consent guarantees protection of workers' interests. The Committee would, however, point out that under this Article of the Convention, the types and extent of deductions from wages should be prescribed by national laws or regulations or fixed by collective agreements or arbitration award and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker's written consent.

2. The Committee notes with interest the information on the Act of 29 December 1993 concerning the protection of workers' claims in the event of employer's insolvency. It would be grateful to the Government for supplying information, in accordance with point V of the report form, on the application of the Convention in practice, with particular reference to this new Act as well as to deductions from wages.