Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 12 of the Convention. The wage arrears situation. The Committee notes the detailed statistical information provided by the Government on labour inspection results for the period 2005–07. During this period, in addition to 57,700 routine inspections, 3,079 thematic inspections were carried out covering 2,971 employers and 381,300 workers employed in manufacturing, trade and repairs, construction, real estate and renting, transport storage, health care and other branches. According to the Government’s report, the controls revealed a considerable decline in the percentage of employers who breach the legislation on wage protection (55.7 per cent in 2005 as compared to 25.7 per cent in 2007), the most frequently observed infringement being the non-payment of holiday pay, overtime or other allowances. The percentage of affected employees (expressed as a ratio to all the employees of controlled companies) also declined from 76 per cent in 2005 to 49.2 per cent in 2007.

The Government further indicates that the total amount of unpaid wages decreased from 199 million zloty (PLN) (approximately 48.5 million euros) in 2005 to 83 million (approximately 20.2 million euros) in 2007 and, accordingly, the number of warnings issued by labour inspectors also decreased from 45,331 warnings in 2005 to 31,426 in 2007. The reason mostly invoked for failure to comply with wage legislation is bad economic circumstances and lack of funds although the Government states that this argument may be overused as it has been observed that workers’ pay is sometimes withheld to fund other activities.

Despite the positive developments described by the Government, the Committee considers that the problem of non-payment or delayed payment of wages persists, affecting according to the latest statistics provided by the Government, as many as half of all the employees of inspected companies. The Committee would therefore appreciate if the Government would continue to provide up to date information on any additional measures taken or envisaged, in order to prevent and punish unlawful practices such as the accumulation of wage arrears, and also to settle in an expeditious manner all outstanding wage debts.

The wage crisis in the health-care sector. Further to its previous comments, the Committee notes the statistical information provided by the Government concerning the progress made in settling accumulated wage debts in the health-care sector for the period 2005–07 (approximately PLN229 million in 2005, PLN133 million in 2006 and PLN102 million in 2007 or 55.5, 32.4 and 24.8 million euros respectively). With respect to the implementation of the Act of 15 April 2005 on public aid and restructuring of public health-care institutions, the Committee notes with interest the Government’s indication that 99.99 per cent of all liabilities arising from the so-called “203 Act” have now been met. It also notes the labour inspection results covering the period 2005–08, according to which 1,109 payment orders were issued and, as a result, PLN25.2 million (approximately 6.1 million euros) were recovered on behalf of 39,486 employees.

In this connection, the Committee notes the “Green Paper” of the Ministry of Health entitled “Financing health in Poland” and published in November 2008, in particular the indications in Chapter V about the increasing debts of public health establishments despite the financial restructuring. In light of this report, the Committee would appreciate if the Government would clarify whether independently from past claims arising out of the “203 Act”, health-care employees in the public sector experience new problems with respect to the regular payment of their wages and, if so, indicate any measures taken to remedy this situation.