Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Human Resources Development Convention, 1975 (No. 142) - Poland (Ratification: 1979)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność” received on 9 August 2018, as well as the Government’s reply to these observations, received on 22 October 2018.

Articles 1–4 of the Convention. Formulation and implementation of policies and programmes of vocational guidance and vocational training. The Committee notes the information provided in the Government’s report in response to its 2013 observation. The Committee notes the Government’s continued efforts to improve the quality and effectiveness of vocational guidance and training. The Government refers to a series of amendments made to the 2004 Act on employment promotion and labour market institutions (the Act), from 2013 to 2017, particularly the revision of 14 March 2014, which entered into force on 27 May 2014, introducing changes in the area of vocational guidance aimed at better adapting the services offered by labour offices to the needs of their clients, thereby improving the efficiency of Public Employment Service (PES) operations. According to the Government, vocational guidance and information services and job search assistance services, were rolled into a single vocational guidance service. A certain number of PES staff were transferred to positions as vocational counsellors and provided with training to enhance their skills, thereby increasing the number of counsellors and the availability of vocational guidance services. The Committee notes that 48,806 unemployed persons benefited from the individual and group vocational guidance provided by PES labour offices in 2017, a decline from 74,016 unemployed persons in 2013. The Government attributes this decline to the corresponding decline in the Polish unemployment rate during this period. The Committee also notes the introduction of two new forms of vocational guidance aimed at addressing the needs of PES customers due to the rapid development of information technologies: distance guidance and distance information services. In its observations, Solidarność maintains that there is no broad access to vocational counselling offered by the PES, which mainly focuses on registered unemployed persons. In its reply, the Government reports that both unemployed persons and jobseekers, with different levels of education and professional qualifications, in different stages of their professional development, have the opportunity to use the free career counselling services provided by the PES. It further indicates that district employment offices provide individual or group advice, professional information and training in the area of job search skills to registered unemployed persons, as well as support in the field of professional information to those who are not registered. In relation to vocational education, the Government reports that the 14 March 2014 revisions to the 2004 Act, expanded the assistance provided for long-term unemployed persons – young persons under the age of 30 and older workers 50 or older – to help them enter and remain in the labour market. The Committee notes that employers hiring young people are now provided support through new instruments: training vouchers and placement vouchers. Under the placement voucher system, the unemployed person is granted a six-month internship with a designated employer, who commits to employ the individual for an additional six months. The Government indicates that since 2015, internships are available not only for young persons, but also for all groups of unemployed persons in a difficult situation on the labour market. Solidarność nevertheless indicates that the Government has not developed a coherent youth policy that takes into account the special needs of young people on the labour market or that provides them with support at various stages of their professional career. In its reply, the Government reports that support for young people is provided by the Voluntary Labour Corps – units supervised by the Minister for Labour and specialized in activities for youth aged 15–25, particularly those at risk of social exclusion. The Government also reports the establishment of the National Training Fund (NTF) in 2015 to support investments in human resources. In this respect, it notes that the amount of the annual funds available from the NTF is approximately 200 million Polish zloty (PLN), which is intended to support co-financing of lifelong learning for employees and employers undertaken at the initiative of, or with the consent of, the employer. The Committee notes that, during the 2014–17 period, the PES used these funds to support training for approximately 315,000 working people. In addition, the Government refers to a series of activities in the area of lifelong learning. The Committee notes, with interest, that, in 2017, more than 80 per cent of unemployed persons secured employment after completing the internship program, the highest ratio in five years. Solidarność nonetheless maintains that the PES does not promote vocational training for adults. Noting that, in 2016, only 242 people took up adult vocational training, Solidarność attributes this to the low remuneration offered to a person undergoing adult vocational training, as well as to the heavy administrative burdens. It adds that access to measures for training to improve professional qualifications was curtailed after the NTF resources for 2018 were reduced. In its reply, the Government indicates that, in 2017, over 50,000 people took part in training, which is extremely popular among both the unemployed and jobseekers. The Government also reports that, in 2018, the amount of PLN105,608 (US$28,086,100)was allocated to the NTF and the role of the social partners in deciding on the allocation of NTF funds was strengthened, as the tripartite Labour Market Council decides on the spending priorities for 30 per cent of NTF funds. The Committee takes note of activities intended to support students in undertaking educational and career decisions carried out by the Ministry of National Education and the introduction in 2016 of classes in vocational guidance. It further notes that a Bill amending the Act – Education Law and the Act on the education system and certain other acts, which proposes further changes to the vocational education system, is being reviewed at the interdepartmental level and the social partners are being consulted. It is expected to be finalized in September 2019. The Committee requests the Government to continue to provide detailed information, including updated statistical data disaggregated by age and sex, on the impact of the measures taken to develop comprehensive and coordinated policies and programmes in relation to vocational guidance, education and training and lifelong learning linked with the PES. It further requests the Government to provide information on the results of measures taken to assist disadvantaged persons in accessing vocational education and training services adapted to their needs, including young persons, older workers, the long-term unemployed and persons with disabilities. Noting the reduction of NTF resources for 2018, the Committee requests the Government to provide information on the reasons for this reduction, as well as information on the availability of other resources to support education and training to enable individuals to improve their professional qualifications. It also requests the Government to provide a copy of the Bill amending the Act – Education Law and the Act on the education system and certain other acts, once it has been adopted.

Article 5. Cooperation with employers’ and workers’ organizations. The Government reports that it undertook a series of activities aimed at enhancing cooperation with Polish employers in formulating and implementing vocational education and training policies and programmes. In this regard, the Committee notes the establishment on 20 January 2015 of a tripartite consultative team responsible for vocational education issues. The Government indicates that the work of the team led to the introduction of a regulation issued by the Minister of National Education on 11 August 2015, which provides for the organization of practical classes at employers’ workplaces that are tailored to the employers’ needs. The Government adds that, to promote coordination and coherence in the provision of vocational education and training, the Ministry of National Education took measures to secure the engagement of representatives of employers’ organizations, local government and professional associations. The Committee notes that, following consultations with employers, the educational system was restructured in September 2017 to provide for the inclusion of a three-year industrial I-tier school providing technical education. In addition, employers’ representatives identified vocational qualification needs on the labour market, resulting in the development of new training curricula in 60 professions, including in five auxiliary professions for students with mental disabilities. The Committee welcomes the new training curricula which were introduced in vocational schools in September 2017. In its observations, Solidarność alleges that the social partners are not actively included in the process of developing educational and labour market policies, and have no voice with regard to the manner in which Labour Fund resources are spent. Moreover, Solidarność maintains that it was not afforded the opportunity to be substantially involved in the process of drafting the new Labour Market Act. The Government, in its reply, indicates that the draft of the new Act was sent for discussion to the Social Dialogue Council and the Labour Market Council, and that it provided the required thirty-day period for review of the draft. Noting the efforts of the Government to enhance cooperation with employers in formulating and implementing vocational education and training policies, the Committee requests the Government to provide updated information on the manner in which the representative organizations of both employers and workers, as well as relevant institutions, have been consulted in the formulation, implementation and monitoring of vocational training and vocational guidance policies and programmes.