Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las agencias de empleo privadas, 1997 (núm. 181) - Polonia (Ratificación : 2008)

The Committee notes the Government’s first report on the application of the Convention received in September 2010. The Government refers to the legislative provisions of the Act on Employment Promotion and Labour Market Institutions and the Act on the Employment of Temporary Workers. It reports that pursuant to the Act on Employment Promotion and Labour Market Institutions, private employment agencies are obliged to cooperate with public employment services in the implementation of the labour market policy. The Committee notes that explicit exceptions to the prohibition of charging fees to workers are provided for by section 85(2)(7) of the Act on Employment Promotion and Labour Market Institutions to cover costs associated with sending a person to work abroad. The Committee invites the Government to provide information in its next report on the practical application of this provision and in particular, on whether there is any control over the quantum of the fees charged (Article 7 of the Convention). It invites the Government to include further information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically (Article 13). Please also supply examples of the remedies provided in cases of violations of the Convention including extracts of inspection reports and information on the number of workers covered by the measures giving effect to the Convention (Article 14 and Part V of the report form).

Article 5(2). Special services and programmes for disadvantaged jobseekers. The Government reports that, under the applicable legislation, employment agencies are not forbidden to supply special services and programmes to disadvantaged jobseekers. The Committee invites the Government to indicate if special services or targeted programmes designed to assist the most disadvantaged jobseekers in their job seeking activities have been envisaged or implemented and if so, to provide information in its next report on the results achieved.

Article 11. Rights of workers employed by a private employment agency. The Government indicates in its report that the relationship between the private employment agencies and the employee is regulated by the Act on the Employment of Temporary Workers as well as generally applicable labour law provisions. It further indicates that, under the said Act, a temporary employee may not, during the working period for the user enterprise, be treated less favourably in terms of working and employment conditions than other employees employed for the same or similar job. The Committee requests the Government to specify in its next report the provisions guaranteeing adequate protection for the workers employed by a private employment agency in the fields of social security (Article 11(e)), access to training (Article 11(f)), compensation in the case of occupational accidents and protection (Article 11(h)) and compensation in case of insolvency and the protection of workers claims (Article 11(i)).

Article 12. Allocation of responsibilities between private employment agencies and user enterprises. The Government reports that the allocation of responsibilities between private employment agencies and user enterprises is governed in some areas by the Act on Employment of Temporary Workers. The Committee requests the Government to specify the manner in which the applicable legislation have allocated the respective responsibilities of private employment agencies and user enterprises in each of the areas of collective bargaining (Article 12(a)), social security (Article 12(d)), access to training (Article 12(e)), compensation in the case of occupational accidents and protection (Article 12(g)), compensation in case of insolvency and the protection of workers claims (Article 12(h)) and maternity and parental protection/benefits (Article 12(i)).