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

Paid Educational Leave Convention, 1974 (No. 140) - Poland (Ratification: 1979)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność”, received on 31 August 2018, together with the Government’s report, as well as the Government’s reply to these observations, received on 22 October 2018.

Articles 2–5 of the Convention. Granting paid educational leave. The Committee notes that, according to the information provided in the Government’s report, the Labour Code governs the issue of the right to paid educational leave for employees seeking to improve their professional qualifications. In its observations, Solidarność indicates that the use of such leave is conditional on the employer’s initiative or consent. The Committee notes once again that general, social or civic education and trade-union-related education is not addressed under the Labour Code. The Government indicates that education in these areas is regulated by special acts. Solidarność observes that, according to section 103 of the Labour Code, an employee aiming to increase his or her qualifications in areas other than professional will be granted leave, but will not be entitled to remuneration. Solidarność adds that there is no regulation in the Labour Code that would recognize training time as working time, with the exception of the time spent by an employee to participate in occupational safety and health (OSH) training, which is treated as working time. In its response to the observations of Solidarność, the Government refers to the position of the National Labour Inspectorate, that an employee’s participation in training held to increase professional qualifications or develop specific skills needed in a given workplace is considered as working time when participation in the training is compulsory. The Committee notes that, in respect of paid leave for trade union education, according to section 31(3) of the Act on trade unions, the right to paid leave is granted to employees holding trade union functions and not to all employees, and only in relation to the performance of ad hoc activities arising from their trade union functions. According to the Government, this is in line with Article 10 of the Convention which provides for the ability to introduce different requirements for employees, depending on the type of training undertaken. Solidarność observes that this provision does not extend to those employees who do not perform any union function. It adds that participation in union-related training, which by its nature is organized and announced in advance, does not meet the ad hoc criterion. Thus, Solidarność observes that neither the Labour Code nor the Act on trade unions contains provisions on the granting of paid educational leave to enable workers to participate in trade union education. With respect to the issue of eligibility, the Committee notes that paragraph 17 of the Paid Educational Leave Recommendation, 1974 (No. 148), provides that, in determining eligibility for paid educational leave, account should be taken of the types of education or training programmes available and of the needs of workers and their organizations and of undertakings, as well as of the public interest. The Committee nevertheless notes that, while eligibility conditions may vary, the Convention does not contemplate limiting paid educational leave to only ad hoc trade union activities. The Committee notes the establishment of the National Training Fund (NTF) in 2015, to support investments in human resources, which is favourably assessed by Solidarność. In its response to the observations, the Government highlights that, since the NTF is a fund for employed persons, regulations on leave taken for training purposes are an important part of the rules governing the functioning of the NTF. The Committee recalls that the Government, in its previous report, indicated that, aiming to increase the role of the social partners in the management of labour fund resources and programming and monitoring of labour market policy, it planned to establish labour market boards that will be created in place of employment boards. The Government does not, however, provide information on whether the labour market boards were in fact established. The Committee requests the Government to provide information on the manner in which the right to paid educational leave for general, social, civic or trade union education is ensured in practice (Article 2 of the Convention). It also reiterates its request that the Government include documentation, such as reports, studies and statistics that would permit an appreciation of the application of the Convention in practice (Part V of the report form). It requests the Government to continue to provide information on the manner in which employers’ and workers’ organizations are involved in the formulation and application of the policy for the promotion of paid educational leave and to provide specific information on the establishment of the labour market boards (Article 6).