Dziękuję za uwagę Employment model and freedom of association the case of Poland Joanna Unterschütz

Departure point – 1990s Overemployment reaching 20-30% Priviatization Collective redundancies Growing number of unemployed - more than 10-fold reaching 1,2 million people

Labour law Liberalisation of labour law Measures to activate dismissed workers and the unemployed New forms of work devrlop agency workers in 2014-double in comparison with Yet, only 46% of temporary workers are employed on the basis of employment contract.

Trade union membership

Trade unions Strongest shipyards mines, public institutions state-owned enterprises, privatised companies Weakest private companies SMEs Before the transformation 100% of workers in traditional state enterprises were unionised. After transformation: privatised state enterprises - 63,6% new companies with foreign capital – 30% newly established companies with Polish capital - 5,4%

CBOS polls Why workers do not join or leave trde unions? Do not join: 46,2% - no t.u at their workplace, which is often a small enterprise 28,3% - no need to become a trade union member, 16,5% - critical about trade union activity do not protect workers. Leave t.u.: 25,2% -etirement 17,6% - unemployment 5,6% - lost trust in them, because they were not provided support they had been counting on. 2% because they were once obliged to the membership and now they are free to choose

Flexible forms of work Fixed term contracts 28% in 2015 Until 2016 easy to renew fixed term contract short notice periods Civil law contracts 7% to 13% of the workforce In controlled enterprises the labour inspectors found irregularities in concluding employment contract % - in %. No protection during dismisslas No working time limits No holidays No minimum wage Limited protection for parents

Flexible forms of work Fixed term contracts Proceeding before EC Judgment of the CJEU of 13 March 2014 in Case C ‑ 38/13 Małgorzata Nierodzik v. Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej im. dr. Stanisława Deresza w Choroszczy Civil law contracts Proceeding before ILO Committee on Freedom of 2012 Polish Constitutional Court judgement on 2 nd June 2015 in case K 1/13

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