What was the subject of the joint meeting of the Labor Law Team and the Social Dialogue Development Team in March 2023?
On March 17, 2023, a joint meeting of the Problem Team for labor law and the Problem Team for the development of social dialogue was held. The meeting was attended by social partners and Mr. Stanisław Szwed, Secretary of State in the Ministry of Family and Social Policy and representatives of the Ministry of Family and Social Policy.
In the first part of the meeting, the discussion on practical conclusions and recommendations resulting from the expert opinion on the current situation and prospects for the development of collective labor agreements in Poland was continued. The chairman of the Team for the Development of Social Dialogue reminded that at the previous joint meeting of the Teams, a presentation on „Expert opinions on the current situation and prospects for the development of collective labor agreements in Poland” was presented. It was then agreed that by January 15, 2023, the parties would respond to the conclusions presented therein. Mrs. Agata Oklińska, Deputy Director of the Department of Dialogue and Social Partnership at the Ministry of Labor and Social Policy presented the reference of the Ministry of Family and Social Policy to the conclusions of the expert opinion on collective labor agreements. Among the proposals were: a complex legal framework; broadening the subject of negotiations indicated in the law and introducing the obligation of collective bargaining. She informed about the commencement of work on amending the provisions on collective labor agreements based on the conclusions contained in the expert opinion. First of all, the provisions on the registration of agreements will be simplified, an open list of exemplary matters that may be regulated in collective agreements will be developed, and, most importantly, an attempt will be made to prepare provisions extending the catalog of categories of agreements to include agreements other than agreements concluded by trade unions and employers.
Proposing a catalog of incentives for employers to participate more widely in arrangement negotiations requires consideration (for this purpose, the Ministry of Labor and Social Policy turned to the Public Procurement Office, among others) and mechanisms supporting the negotiation process – e.g. the participation of a mediator helping to reach an agreement.
Then, the representative of the trade unions presented information from the meeting of representatives of representative trade union centers. During the meeting, initial directional proposals were developed, which should be the subject of further discussions. The proposals were divided into two categories. Category I – strengthening the role of collective labor agreements through, among others: extending the catalog of types of collective labor agreements; abolition of subjective restrictions and the possibility of conducting a collective dispute regarding the implementation or observance of a collective labor agreement. Category II – supporting collective bargaining through, among others: introducing facilitations for trade unions in conducting collective bargaining and establishing the Center for Collective Bargaining. The employers’ side did not present its position.
It was agreed that a proposal of statutory solutions would be prepared in the near future.
In the further part of the meeting, the draft act of the Ministry of Family and Social Policy on collective labor disputes of February 9, 2023 was discussed. Minister S. Szwed reminded that last year there was a discussion on the draft act, during which it was agreed that after analyzing all submitted comments, a modified draft of the act will be prepared. On February 14, 2023, this draft was resubmitted for consultation. The consultation process will last 2 months. Then, the most important objectives of the draft law are presented. These include: abandoning the enumerative definition of the subject of the collective dispute; determination of the duration of the dispute and changes in the scope of keeping the list of mediators at the Minister of Family and Social Policy. Then, the modifications introduced to the draft act after the analysis of comments submitted in the consultation process were discussed. These include, among others: introducing the definition of a dominant employer; extension of the subjective scope of the project; the reintroduction of the provisions on solidarity strikes and the provisions on liability for breaching the provisions of the act were clarified.
It was agreed that there would be autonomous consultations between the parties of trade unions and employers on the positions on the above-mentioned issues. draft law.
Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.
