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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).

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Granting paid educational leave. The Committee notes the Government’s reports received in August and October 2013 including replies to the remarks made by the Independent and Self-Governing Trade Union (NSZZ) “Solidarność”. The Committee takes note of the concerns raised by the NSZZ “Solidarność” in relation to the amendments introduced in 2010 to the Labour Code with regard to paid educational leave for employees upgrading their vocational qualifications. The concerns of NSZZ “Solidarność” include the fact that Polish law does not contain specific regulations concerning paid educational leave for trade union training and education, that access to paid educational leave or paid time off depends on the employer’s initiative or agreement, that the number of training funds established by employers is scarce and that social partners have no impact on the development of training policy and disbursements of the labour fund resources. The Government highlights that the Labour Code cannot be regarded as the only legal act implementing the Convention and the Paid Educational Leave Recommendation, 1974 (No. 148). The question of paid educational leave for employees upgrading their vocational qualifications is regulated in the Labour Code. In relation to other aspects relating to education, special acts regulate the right to paid educational leave. The Government does not disagree that general, social and civic education as well as trade union education exist outside of the substantive scope of regulations of the Labour Code. Due to its substantive scope, the Labour Code cannot regulate these issues in detail. The Government emphasizes that there are other mechanisms in the Polish labour law which indicate that the Convention is implemented by Poland. The Government makes reference to the creation of a national training fund and indicates that to increase the role of the social partners in the management of the labour fund resources and programming and monitoring of labour market policy, it is planned to establish labour market boards that will be created in place of employment boards. The Committee invites the Government to describe, in its next report, how the right to paid educational leave for trade union education is ensured in practice (Article 2(c) of the Convention). Please also include documentation such as reports, studies and statistics that would allow an appreciation of the application of the Convention in practice (Part V of the report form) and describe 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, including information on the establishment of the labour market boards (Article 6).

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Granting paid educational leave. The Committee notes the information, including statistical data, contained in the Government’s report received in August 2008, indicating the continuation of the initiatives taken by the Government to strengthen the system of vocational guidance and to improve the system of vocational education in the rural areas. It further notes the amendment to the Act on Employment Promotion and Labour Market Institutions, enabling the employment of unemployed persons as replacements for employees benefiting from paid training leave for a period not shorter than 22 days and containing incentives to encourage participation in training, which were currently used insufficiently. The Committee asks the Government to provide information on measures taken to raise awareness of the availability of paid educational leave as part of the lifelong learning possibilities and would be grateful if the Government would continue providing general information on the manner in which the Convention is applied in practice, including statistics on the number of workers granted paid educational leave (Part V of the report form).

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The Committee notes the information contained in the Government’s report, indicating that efforts are currently being made to improve the collection of statistical information on vocational training and that the conclusions of several surveys will be given effect by the end of 2003. It also notes that one of the components of the PHARE 2000 Project covers issues relating to cooperation among the social partners. The Committee would therefore be grateful if the Government would continue providing in future reports information on developments relating to the manner in which the public authorities and social partners are involved in the formulation and application of the policy for the promotion of paid educational leave for men and women workers (Article 6 of the Convention). Please also provide general information on the manner on which the Convention is applied in practice, including statistics on the number of workers granted paid educational leave (Part V of the report form).

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The Committee notes the information supplied by the Government in answer to its previous direct request. It also notes the information on the implementation of the "National Strategy for Employment and Human Resources Development for 2000-2006" in cooperation with the social partners. It notes the information that there are no special measures concerning the conditions applicable to the worker and training which must be fulfilled for a worker to be referred for educational training and to be entitled to paid educational leave. The conditions for the granting of such leave are negotiated between the employer and the worker.

The Committee hopes that in future reports the Government will provide detailed information on how the Convention is applied in practice, including extracts of relevant studies, inquiries or reports and available statistics of the number of workers receiving paid educational leave (Part V of the report form).

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The Committee notes the provisions of the Order of 12 October 1993 of the Ministry of Education and Ministry of Labour and Social Policy (text No. 472) concerning the principles and conditions of skill development and general education of adults. It notes that under these provisions workers referred by the enterprise for education or training are entitled to paid educational leave, whereas workers undertaking educational training on their own initiative may be granted unpaid leave. The Committee would be grateful if, in its next report, the Government would give details of the conditions applicable to the worker and to training that must be fulfilled for a worker to be referred by his enterprise for education or training and to be entitled to paid educational leave (see, in this connection, Articles 3 and 10 of the Convention).

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