Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Poland (Ratification: 1957)

The Committee notes the observations of the National Commission of the Independent and Self-Governing Trade Union “Solidarność” (NSZZ “Solidarność”), received on 1 September 2025 and the Government’s reply thereto, which the Committee examines in its request addressed directly to the Government. The Committee requests the Government once again to provide its comments on the 2022 observations of the International Trade Union Confederation (ITUC) alleging concrete violations of workers’ rights under the Convention.

Follow-up to the recommendations of a tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in March 2024, the Governing Body approved the report of a tripartite committee appointed to examine a representation made by the Academic Union at the University of Physical Education and Sport in Gdańsk (AWFiS) under article 24 of the ILO Constitution (GB.350/INS/17/4) concerning the application by Poland of Conventions Nos 87, 98 and 135. The Committee notes that the tripartite committee requested the Committee of Experts to follow up its recommendations. The Committee observes that the tripartite committee: (i) noted that sections 1(2), 9, 10 and 35(1)(2) of the Act on Trade Unions did not expressly prohibit acts of interference within the meaning of Article 2 of Convention No. 98 and invited the Government to review the legislation, in consultation with the social partners concerned, with a view to determining the measures that may be necessary to ensure adequate protection against acts of interference as required in Articles 2 and 3 of Convention No. 98; and (ii) requested the Government to take all the necessary measures to ensure that the cases concerning the dismissals of AWFiS leaders are concluded without further delay so that the union is able to conduct its activities in the future free from undue interference and discrimination and invited the Government, in full consultation with the social partners concerned, to consider, as appropriate, additional measures to ensure rapid and effective protection against anti-union discrimination in law and in practice. In light of the above, the Committee requests the Government to provide information on the measures taken to ensure that the cases of the dismissed AWFiS trade union leaders are concluded without delay and the union is able to conduct its activities free from undue interference and discrimination. Concerning the recommendations of the tripartite committee calling for measures to ensure adequate protection against acts of anti-union discrimination and interference, the Committee takes them into consideration in its comment below.

Article 1 of the Convention. Adequate protection against anti-union discrimination. Legal proceedings applicable to reinstatement. The Committee notes with satisfaction the Government’s indication that the Code of Civil Procedure (CCP) was amended in 2023 by adding section 7555 pursuant to which, in labour law cases in which an employee subject to special protection against termination of employment claims that the termination is invalid or asks to be reinstated, the court shall, simply on the basis of likelihood of the claim, grant security by ordering the employer to continue the employment until the proceedings are finally concluded. According to the Government, this offsets the effects of lengthy proceedings and guarantees employment stability and protection for trade union activities. Observing that this amendment addresses some of the concerns raised in the above article 24 representation, the Committee trusts that, together with previously reported amendments to the CCP, it will contribute to ensuring adequate protection against acts of anti-union dismissals and requests the Government to provide information on the practical application of sections 4772(2) and 7555 of the CCP. In line with the recommendations of the tripartite committee, the Committee further invites the Government to consider, in full consultation with the social partners concerned, any other measures to ensure rapid and effective protection against anti-union discrimination in law and in practice and provide information in this regard.

Effective sanctions and compensation to prevent anti-union discrimination. The Committee previously noted that the levels of fines imposed by courts appeared to be very low (maximum of US$425) and urged the Government to increase the level of fines and the amount of compensation for anti-union discrimination. The Committee notes that the Government reiterates the legal provisions stipulating protection against anti-union dismissals and the applicable remedies (reinstatement, compensation) and states that termination of employment in gross violation of section 32 of the Act on Trade Unions (dismissal of trade union officials without the union’s consent) gives rise to liability for offences under section 281(1)(3) of the Labour Code. The Committee observes from the text of this provision that it stipulates penalties ranging from Polish zloty 1,000 to 30,000 (which equals to US$275 to US$8,265) and that while its wording does not specifically refer to anti-union discrimination, it includes termination of employment “with or without notice, seriously violating the provisions of labour law”. Observing that the amount of fines foreseen in section 281(3) of the Labour Code is considerably higher than the practice previously referred to by the Government, the Committee requests the Government to clarify whether this provision and the fines stipulated therein are applicable to all acts of anti-union discrimination (or only to those concerning trade union officials). Should this not be the case, the Committee requests the Government to take the necessary measures, including legislative, to ensure that the level of fines for all acts of anti-union discrimination, as well as the amount of compensation in cases of anti-union dismissal, are sufficiently dissuasive, in line with the Convention.

Number of sanctions imposed. The Committee previously requested the Government to continue providing information on the number of sanctions imposed under the amended section 35(1) of the Act on Trade Unions. The Committee notes that the Government provides information on: (i) the number of complaints for anti-union discrimination, as registered by the labour inspectorate, from July 2022 to June 2025 (27 in the second half of 2022; 44 in 2023; 38 in 2024; and 23 in the first half of 2025, some containing multiple elements of discrimination); (ii) the number of anti-union acts submitted to courts (5 in the second half of 2022, out of which 1 was awarded; 7 in 2023, all of which were dismissed or discontinued; and 13 in 2024, out of which 5 were awarded); and (iii) the number of notices of offences under section 35(1) of the Act on Trade Unions (2 in the second half of 2022; 4 in 2023; 7 in 2024 and 2 in the first half of 2025). The Government further indicates that separate data on the number of offences for terminating employment relationship in gross violation of the labour legislation is not available (section 281(1)(3) of the Labour Code). The Committee requests the Government to continue to provide statistical information on the number and nature of complaints of anti-union acts submitted, as well as the proceedings initiated, their length and their outcome.

Burden of proof. The Committee previously requested the Government to provide information on how the burden of proof was managed by the tribunals when applying section 35(1) of the Act on Trade Unions. The Committee notes the Government’s indication that trade union members discriminated based on trade union membership are entitled to compensation, for which the employer bears the burden of proof but that, when applying section 35(1), which stipulates fines and restriction of liberty, the prosecution has to prove the guilt of the accused, in line with the Code of Criminal Prosecution, the presumption of innocence and the principle of in dubio pro reo.Having regard both to the Government’s observations and to the small number of convictions for anti-union discrimination by the courts, compared to the number of complaints reported to the labour inspectorate, the Committee invites the Government to engage in consultations with the social partners, to evaluate the effectiveness of the mechanism stipulated by section 35(1) of the Act on Trade Unions, so as to contribute to an adequate protection against acts of anti-union discrimination in practice.

Compensation available to “persons working for money”. In its previous comment, the Committee invited the Government to engage in consultations with the social partners to consider whether anti-union termination of the contractual relationship of a “person working for money” can give rise to remedies other than financial compensation and to provide information on the determination of the compensation in practice. The Government merely reiterates that a person in gainful employment other than an employee shall be entitled, irrespective of the extent of the damage suffered, to compensation equal to six months’ remuneration and may claim compensation or damages exceeding that amount. The Committee therefore reiterates its request in this regard.

Article 2. Adequate protection against acts of interference. The Committee takes note of the conclusions of the tripartite committee that sections 1(2), 9, 10 and 35(1)(2) of the Act on Trade Unions, which provide for the independence of trade unions and penalize some actions that amount to obstruction to union activities, do not expressly prohibit acts of interference within the meaning of Article 2 of this Convention and may therefore, on their own, be insufficient in ensuring the protection required by the Convention. In line with the above, the Committee requests the Government to take the necessary measures to review the legislation, in consultation with the social partners concerned, with a view to determining the measures that may be necessary to ensure adequate protection against acts of interference as required in Articles 2 and 3 of the Convention, and to provide information on the steps taken in this regard.

Article 4. Promotion of collective bargaining and collective bargaining in practice. The Committee notes the Government’s indication that, in order to strengthen collective bargaining, the Act on Collective Bargaining Agreements and Collective Arrangements was adopted in November 2025 and includes provisions to: simplify the recording of collective agreements; facilitate extension of multi-company agreements; and allow for the possibility to use a mediator during negotiations. The Committee welcomes, in particular, the inclusion of provisions providing for an online management of registrations of collective agreements to facilitate the collection of data, as well as those stipulating the establishment of a Government action plan to develop measures aimed at gradually increasing the collective bargaining coverage. The Committee also notes the Government’s indication that: (i) 2 new multi-company collective agreements concerning government employees and 32 amendments to the existing collective agreements were registered since 2022; (ii) there are 7,923 agreements in force covering around 1.5 million people, with the largest number of agreements concluded in manufacturing, trade and repairs and real estate services; and (iii) information is not available on the forms of employment of persons covered by these agreements. The Committee requests the Government to continue to provide statistical information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered.

The Committee is raising other matters in a request addressed directly to the Government.