Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 12 of the Convention. Regular payment of wages – The wage arrears situation. The Committee notes the detailed statistics on inspection results for the period 2011–12. According to this data, in 2011, out of 68.5 thousand employers inspected, 16.8 thousand were found to have breached the legislation on the protection of wages with a total amount of unpaid wages and other benefits of 138.8 million Polish Zloty (PLN) (approximately €33.8 million) concerning 82.2 thousand employees, and representing an average unpaid amount of PLN1,689 (approximately €412) per employee. The Government’s report further indicates that the wage arrears situation affects numerous employment sectors, such as manufacturing, construction, education, public administration, culture and entertainment. In addition, following 1,420 targeted inspections carried out in 2011 and focusing on wage issues, holiday pay and overtime were not paid by 38 per cent and 34 per cent of the inspected employers respectively. The Government states that the level of irregularities remains similar to that of 2010, with more than one third of inspected employers failing to pay wages to employees, and one out of four employers not paying wages on time. The Government also indicates that given the scale of the problem, it was decided to intensify inspections targeted on payroll records and to ensure that such inspections constitute 10 per cent of the total number of inspections.

The Committee notes with concern that the most recent statistics provided by the Government demonstrate that the difficulties concerning the regular payment of wages persist unabated, while in some cases the situation has even worsened. The Committee notes, for instance, a report from the National Labour Inspectorate (PIP) providing information on compliance by Polish employers with the law on the payment of wages, according to which almost 19 per cent more employers were in arrears with payments in the first half of 2010 than in the first half of 2009, and the total overdue payments increased by almost 62 per cent between the first half of 2009 and the same period in 2010. While noting the close monitoring of the situation by the inspection services and the reinforcement of controls, the Committee encourages the Government to pursue its efforts, including through the imposition of sufficiently dissuasive sanctions, in order to contain and progressively eliminate the widespread practices of non-payment or partial payment of wages which entail serious social consequences for thousands of workers and also important consequences for the national economy as a whole.

As regards the situation in the health sector, the Committee notes the statistical information on labour inspection results in that sector for the period 2010–11. According to 2010 data, overtime was not paid in 36 per cent of inspected facilities (public and private) and it was underpaid in 24 per cent of inspected facilities. Similarly, in 2011, irregularities relating to the payment of wages were found in 19 per cent of inspected medical establishments while overtime was not paid in 56 per cent of establishments with employees working overtime. Noting that health-care institutions continue to face considerable difficulties with wage debts, the Committee hopes that in the ongoing process of restructuring and reform of the health sector, the Government will give special attention to the settlement of all outstanding payments to health-care personnel and the elimination of the all too common pay irregularities observed in the sector.

In addition, the Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2013.]