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

Poland

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1954)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1961)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność” received on 6 September 2024, as well as the Government’s response.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1), 2 and 3(b). Definition. Indirect discrimination. Legislation. The Committee takes note of the Government’s indication, in its report, that no legislative amendments are currently envisaged with respect to the definition of indirect discrimination under the Labour Code, and that, in its view, the existing wording does not preclude its application to both individuals and groups of persons. The Committee recalls that the Equal Treatment Act defines indirect discrimination as a situation that would expose a “natural person” to unfavourable difference or particular disadvantage; while the Labour Code refers to a situation that would expose “all or a considerable number of employees belonging to a particular group” to unfavourable difference or particular disadvantage. The Committee wishes to stress the need for consistency between legal definitions to avoid gaps in protection or uncertainty in practice. The Committee therefore again invites the Government to consider aligning the definitions of indirect discrimination in the Equal Treatment Act and the Labour Code to ensure explicit coverage of both individual and group-based discrimination. It also reiterates its request for information on the practical application of the prohibition of indirect discrimination, including examples of relevant case law interpreting section 3(2) of the Equal Treatment Act.

Articles 1(1)(a), 2 and 3(b). Legislation. Scope. Workers in uniformed services. The Committee welcomes the Government’s detailed information on the institutional measures in place to prevent discrimination and undesirable behaviour within the uniformed services, including the Police, State Fire Service, Border Guard, State Protection Service and the Armed Forces. It notes, in particular, the internal anti-discrimination and anti-mobbing procedures, rules of professional ethics, awareness-raising and training activities, as well as recent developments such as the Police Gender Equality Plan (2023–26) and the preparation of a similar plan for the Border Guard. The Committee also notes the establishment of ethics advisers, human rights plenipotentiaries, and equal treatment coordinators. However, it observes that the legislation applicable to these services does not explicitly define discrimination or sexual harassment or set out the specific protected grounds under the Convention, and that fewer than 20 discrimination cases were reported across the services between 2021 and 2024. It also recalls that the Convention applies to all categories of workers, no provision in the instrument limits its scope with respect to individuals or branches of activity. The Committee asks the Government to take steps to ensure that the legislation applicable to uniformed services contains clear definitions of discrimination and sexual harassment, as well as an explicit list of protected grounds in line with Article 1(1)(a) of the Convention. It asks the Government, in the meantime, to continue providing information on the implementation and impact of preventive and remedial measures, as well as on any cases dealt with by the competent authorities, including the grounds invoked, sanctions imposed, remedies granted, and steps taken to prevent retaliation.

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Sex. Protection of pregnant workers under replacement contracts. The Committee notes the observation of “Solidarność” concerning the lack of legal protection for pregnant workers employed under replacement contracts, as the provision extending fixed-term contracts until childbirth does not apply to this category of worker. As a result, such contracts may end during pregnancy, and the workers concerned may be denied maternity-related entitlements. The Committee takes note of the Government’s explanation that replacement contracts are intended to cover the temporary absence of another worker and therefore must terminate upon that worker’s return, and that an automatic extension could discourage employers from offering these contracts to women or impede the reintegration of women returning from maternity leave. The Committee also notes the reference to other safeguards, such as the possibility for workers with six months of service to request more predictable and secure working conditions. However, these measures do not fully address the concern that pregnant workers under replacement contracts may lose employment protection and maternity benefits solely due to the nature of their contract. In that regard, the Committee recalls the Convention’s requirement that sex must not lead to discrimination or the loss of employment-related rights. The Committee invites the Government to indicate how it intends to ensure adequate and effective protection for pregnant workers employed under replacement contracts.

Sexual orientation. The Committee notes that seven complaints were submitted on the grounds of sexual orientation, of which one was found to be unfounded, while the remaining six are either under investigation, lack sufficient information, or have an undetermined outcome. It observes, however, that no information has been provided on specific measures to prevent and combat discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons throughout the employment cycle, including initiatives to address societal prejudice and promote tolerance in the workplace. The Committee further notes the observation of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity that, while only three to six employment discrimination complaints based on sexual orientation are recorded annually by the labour inspectorate, academic research indicates that around 25 per cent of LGBTI employees feel compelled to conceal their identity at work due to fear of discrimination (A/HRC/59/43/Add.2, 22 April 2025, para. 92). The Committee requests the Government to provide information on the outcome of the aforementioned complaints, any other relevant cases, and measures undertaken to ensure the effective protection of LGBTI persons against discrimination in employment and occupation.

Articles 1 to 3. Equality of opportunity and treatment irrespective of sex. Occupational segregation and access to employment and occupation. The Committee observes that the Government has not provided information, including statistical data, on the implementation and impact of the National Action Programme for Equal Treatment for 2021–30 (NAPET 2021–30), as well as on other relevant measures aimed at addressing occupational segregation and promoting equality in employment and occupation. It notes that, in its concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) recommended that the Government address factors discouraging women from pursuing full-time careers and enhance their participation in senior public and private positions, including through possible introduction of quotas (E/C.12/POL/CO/7, 24 October 2024, para. 25). The Committee therefore reiterates its request for information on the measures taken to reduce horizontal and vertical segregation in the labour market, including concrete actions under NAPET 2021–30 and their measurable outcomes. It also requests the Government to provide updated sex-disaggregated data by occupational category to assess progress.

Disability. The Committee notes with interest that the unemployment rate for persons with disabilities aged 16–89 decreased by 1.3 percentage points between 2021 and 2024, reaching 4.3 per cent. While the employment rate of persons with moderate disabilities showed a slight improvement, reaching 20.3 per cent in 2023, persons with severe disabilities continue to face very low labour market participation (4.8 per cent in 2023). The Committee takes note of legislative and policy measures, including the 2023 amendment to the Act on Vocational and Social Rehabilitation and the Employment of Persons with Disabilities, which increased wage subsidies, and the POWER project (2021–23), which developed draft legal and policy instruments to promote employment of persons with disabilities. The Government indicates that the POWER project’s proposals, while not yet incorporated into law, will inform future reforms. The Committee also notes that in 2022, persons with disabilities submitted 284 complaints to the State Labour Inspectorate (SLI). These complaints concerned 674 issues, of which 277 were justified and 311 unfounded; the remainder fell outside the SLI’s competence or lacked substantiation. Most complaints concerned remuneration, working time, and leave entitlements in medium- and large-sized enterprises in the administrative services sector. In response, 182 inspections were conducted across 149 entities. The findings of the SLI work underscore the need to continue monitoring working conditions for persons with disabilities in both sheltered and open labour markets, raise awareness among employers, persons with disabilities, their careers and students, and share inspection results with relevant authorities to support social and professional integration. The Committee requests the Government to report on: (i) measures taken to promote employment and vocational training of persons with disabilities, including updated sex-disaggregated statistics; (ii) the impact of the Strategy for Persons with Disabilities 2021–30 (mentioned in its previous report) and the POWER projects, particularly regarding recruitment in the open labour market and any obstacles encountered; and (iii) cases of disability-based discrimination addressed by the labour inspectorate and the courts.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes that the gender pay gap decreased from 8.5 per cent in 2021 to 7.8 per cent in 2023 (Eurostat). However, it observes, based on information from “Solidarność” that in the most feminized sectors, particularly in the public sector (education and health), the wage gap remains about twice the average difference across the economy. It takes note of measures to address the gender pay gap, including training on workplace discrimination provided by the National School of Judiciary and Public Prosecution (2021–24), covered equal remuneration, and the ongoing transposition of Directive (EU) 2022/2381 to improve gender balance on company boards. The Government also recalls that the Pay Transparency Directive (EU) 2023/970 must be transposed by June 2026 and that efforts to increase women’s representation in decision-making positions are expected to reduce both employment and pay gaps. The Committee further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) recommended that the Government intensify efforts to close the gender pay gap, including by addressing gender-based labour market segregation, reviewing social and tax policies and tackling factors discouraging women from pursuing full-time careers or senior positions (E/C.12/POL/CO/7, 24 October 2024, para. 25). The Committee requests the Government to provide information on: (i) the impact of the various initiatives taken to reduce the gender pay gap, particularly in the most feminized sectors; and (ii) the effective transposition of the above-mentioned EU Directives.

Articles 1 to 3. Objective job evaluation methods. The Committee again asks the Government to provide information on any job evaluation exercises conducted in the public sector, including progress on the 2022 gender pay survey in all the ministries, or other initiatives, with details on the methods and criteria used to determine equal value. It also requests information on the objective job evaluation methods used in the private sector, including the Ministry of Family, Labour and Social Policy application and the criteria applied.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising. The Committee notes that between 2021 and 2024, the National School of Judiciary and Public Prosecution provided training on “Discrimination and mobbing in labour relations”, covering direct and indirect discrimination in employment relations and evidence procedures. It also notes that: (1) Polish judges and prosecutors participated in international training on gender equality and EU anti-discrimination law through the Academy of European Law; (2) the Border Guard Headquarters is developing a “Gender Equality Plan” including training on sexual harassment and gender-based violence; and (3) the State Labour Inspection’s programme “Counteracting the negative effects of stress in the workplace” offered on-site and online training on discrimination, mobbing, harassment, and workplace violence, promoting internal policies and codes of ethics. Over 500 sessions reached more than 23,000 participants, including over 20,000 employees and 650 employers. The Committee requests that the Government continue to provide information on training and awareness-raising activities on the prohibition of discrimination and on equal remuneration, targeting workers, employers and their organizations, labour inspectors, judges, and other public officials involved in enforcement.

Enforcement. The Committee notes that in 2023, anonymous complaints were filed against the City Hall concerning unequal pay, unclear award criteria, and selective salary increases. Inspections revealed that female employees on pregnancy-related sick leave or maternity leave were systematically excluded from pay increases. The SLI requested the employer to refrain from actions suggesting unequal treatment of female employees exercising parental rights, particularly regarding salary increases. In addition, between 2021 and 2024, the SLI received 122 complaints of gender discrimination in remuneration or other employment conditions, of which 3 were found justified, 45 unfounded, and 74 remained under investigation or without sufficient information. The Committee requests that the Government continue to provide information on violations of the prohibition of discrimination and the principle of equal pay, including sanctions imposed, remedies granted, and the outcomes of any new relevant cases.