Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

Legislative developments. The Committee notes the Government’s indication that the anti-discrimination provisions of the Labour Code were amended in November 2008 by which the definition of indirect discrimination was supplemented; the situations being considered discriminatory and the definition of sexual harassment were further specified; reprisals against an employee subject to mobbing or sexual harassment are now explicitly prohibited, and the scope of protection of an employee exercising his or her rights further to the infringement of the principle of equal treatment in employment was also further specified. According the Government’s report, the situations that are not considered to be contrary to the principle of equal treatment have been further defined and the Labour Code was also amended with a view to strengthening the protection of women returning from maternity leave. The Committee notes from the Government’s report that since 2008, other amendments to the Labour Code have been made to provide equal opportunities for men and women in employment, including the granting of additional rights with respect to maternity and parenting. Welcoming these legislative developments, the Committee requests the Government to provide detailed information on their content, particularly with respect to the new definition of indirect discrimination, the situations that are not considered to be discriminatory and the provisions providing equal opportunities for men and women. Please provide information on their application in practice, including information on any relevant court decisions. Please also provide a copy of the consolidated version of the relevant provisions of the Labour Code, as amended.

Articles 1 and 2 of the Convention. Sexual harassment. The Committee notes the Government’s indication that the provisions of the Labour Code concerning sexual harassment have been amended to add a detailed indication of actions that may lead to creating unfavourable conditions for the employee. The Committee also notes that more than 30 complaints for sexual harassment have been submitted to the labour inspectors since 2009 and that several cases of sexual harassment were decided by the labour divisions of district and regional courts. The Committee asks the Government to provide detailed information on the content of the amended provisions relating to sexual harassment. Please also continue to provide information on court decisions and on the effective measures taken to promote awareness of the issue of sexual harassment at work, and any cooperation with workers’ and employers’ organizations in this regard.

Equality of opportunity of men and women. The Committee notes from the statistics provided by the Government that the rate of economically active women remains under 50 per cent (46.6 per cent in 2008 and 47.3 per cent in 2009). According to data from Eurostat, the employment rate of women was 52.9 per cent in 2009. In October 2008, men were over-represented by 30 per cent in decision-making positions (i.e. public government representatives, senior officials and managers). The Committee welcomes the numerous initiatives and projects implemented by the Government since 2005 to promote women’s employment with a particular emphasis on the fight against stereotypes regarding the role of women in the society and at work, through media campaigns, workshops, seminars and conferences. The Committee notes the Government’s indication that since 2008, a programme entitled “Social and economic activity of women at the local and regional levels” was being implemented with a view to improving the situation of women in the labour market, including though specific activities of the labour market institutions. It further notes that according to the Government’s report some of the projects launched aim in particular at reconciling work and family responsibilities, and legislative measures were taken in this regard. The Committee would like to draw the Government’s attention to the fact that the measures taken in order to facilitate the work of women with children, such as flexible working time or additional leave, even if they are well intentioned and seen as corresponding to needs of women who continue to bear an unequal burden of family responsibilities, may raise issues with respect to equality of opportunity and treatment. Such provisions may reinforce and prolong social attitudes that hinder the realization of gender equality and it is therefore important to move toward making arrangements and entitlements aimed at reconciling work and family responsibilities available to both women and men on an equal footing. The Committee encourages the Government to pursue its efforts to combat the stereotypes regarding the roles of women and men in society and at work and requests it to provide information on the active labour market measures to promote the employment of women implemented through the labour market institutions. The Committee requests the Government to provide information on any assessment made on the impact of the abovementioned projects and programmes on women’s employment and opportunities, in particular on their employment in decision-making positions. The Government is also requested to provide further information on the measures taken to facilitate reconciliation of work and family responsibilities. Please continue to provide statistics regarding the participation of men and women in both the private and the public sectors, by sector and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. In its previous comments, the Committee noted that, among the various ethnic minorities, the Roma remained the most disadvantaged group in respect of employment and occupation and were particularly affected by long-term unemployment. The Committee notes the Government’s indication that unemployment among Roma, a minority to which 12,731 Polish citizens declared to belong in 2002, is estimated at approximately 90 per cent, and any standard forms of combating such unemployment with regard to this group have failed. The Committee notes the measures taken to implement the continuing Programme for the Roma Community in Poland (2004–13), in particular the employment of Roma education assistants, the employment of Roma women in the city greenery sector (with childcare provided) and the employment of Roma in institutions reporting local administrations (subsidized jobs). The Government indicates that it envisages the conduct of a nationwide information campaign on the promotion of employment of Roma in 2011.

The Committee notes however that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, expressed concern about the continued social marginalization and discrimination faced by the members of the Roma minority, particularly in the fields of education, employment and housing. The CERD recommended that Poland “enhance its efforts towards the full integration of Roma into the Polish society and combat discrimination against the Roma by improving the enjoyment of economic, social and cultural rights”, particularly in the above fields (CERD/C/POL/CO/19, 14 September 2009, paragraph 4). More recently, the United Nations Human Rights Committee requested the Government to “take the necessary measures to ensure the practical enjoyment by the Roma of their rights … by implementing and reinforcing effective measures to prevent and address discrimination and the serious social and economic situation of the Roma” (CCPR/C/POL/CO/6, 27 October 2010, paragraph 7).

The Committee asks the Government to step up its efforts to raise the level of education and vocational training among the members of the Roma community and provide information on the measures taken to that end and their impact on the participation of Roma in education and their access to a wider range of occupations. The Committee further asks the Government to provide information on the issues related to cases of discrimination against Roma on the labour market that were discussed by the Team for Roma Affairs of the Common Government and the National and Ethnic Minorities Commission, and any conclusions reached and follow-up action taken. The Government is also requested to provide information on the measures taken to combat the deeply rooted stereotypes faced by the members of the Roma community and to promote tolerance among all parts of the population. Please continue to provide statistical information on the participation of Roma men and women in education and the labour market.

Welcoming the extension of the National Programme for Counteracting Racial Discrimination, Xenophobia and Related Intolerance to 2013, the Committee requests the Government to provide information on the concrete measures taken within this framework to prevent and address discrimination based on race, colour or national extraction in employment and occupation. It also reiterates its previous request for information on any activities carried out in cooperation with the social partners to promote non-discrimination and diversity at work. Please also provide statistical data on the situation of ethnic minority men and women in employment and occupation once they are available following the 2011 national census.

Enforcement. The Committee welcomes the detailed information provided by the Government on the enforcement of equality and non-discrimination provisions by the Labour Inspectorate and notes in particular that the most frequent cases of non-compliance of anti-discrimination provisions relate to the issuance of discriminatory job vacancies by employment agencies (discrimination based on age, gender, nationality, etc.). It further notes that, since 2010, equal treatment of non-citizens is an additional component of the supervision of the labour legislation by the Labour Inspectorate. The Committee requests the Government to continue to provide information on the enforcement activities of the Labour Inspectorate with respect to discrimination in employment and once again requests the Government to provide information on the grounds of discrimination on which the cases are based. Please also provide information on the action of the Office of the Plenipotentiary for Equal Treatment, which was established in 2008, in the field of employment and occupation.