Implementation of Flexicurity Measures at Regional and Local Level

Examples of legal documents Social securities Act on the social insurance system from 13 October 1998 Act on the employment promotion and Labour market institutions from 20 April 2004 Act on family benefits from 28 November 2003 Act on pre-retirement benefits from 30 April 2004 Act on retirement pensions and disability pensions from the Fund of the social insurance from 17 December 1998 Act on employee pension schemes from 20 April 2004 Lifelong learning Regulation of the Minister of National Education on public institutions of the lifelong education, public institutions of practical educating and public centres of training and the in-service training from 15 June 2009 Act on the educational system from 7 September 1999

Examples of legal documents Active labour market policy Act on the employment promotion and Labour market institutions from 20 April 2004 Flexible forms of employment Civil code act from 23 May 1964 Labour Code act from 26 June 1974 Regulation of the council of ministers on entitlements of employee persons performing the outwork from 31 December 1975 Act on relieving effects of an economic crisis for employees and entrepreneurs from 1 July 2009 Employment Act of temporary workers from 9 July 2003  

Legislation refering to employment in Poland 1. Labour Code from 26th of June 1974 (fixed term employment, part-time employment, development of vocational qualifications, choice of workplace - relocation, parental leave, collective agreements) 2. Civil Code from 23rd of April 1964 (casual work contract, contract for specified work) 3. Act on employment of temporary workers from 9th of July 2003 (work outsourcing , hiring workers by recruitment agencies) And others, for example: 4. The Teacher’s charter (fixed term employment, part-time employment, development of the vocational qualifications, choice of workplace - relocation, right to the accomodation in comune where school is situated, parental leave)

Elements of flexicurity in mentioned acts. Flexibility Basis of employment (civil law agreements, fixed term agreements, outsourcing of work) Work time (systems of work time, amount of working time, shift work, individual schedule of working time) Security Entitlements related to a parenthood (additional maternity leave with a possibility of taking up a job, parental leave with a possibility of taking up a job) Protection from a redundancy (restriction of possibility of being dismissed, amount of severance pay, notice period , rules of collective redundancies) Warranty of receiving wages Collective agreements (corporate and above-corporate)

Basis of employment In Polish law it is assumed that typical employment is based on the agreement for an indefinite period of time, with full amount of working time, specified workplace and hours of work. Other types of the contracts of employment: Contract of employment for a trial period Contract of employment for a specific period (so called fixed term contracts) Replacement contract Contract for a time of performing specified work Part-time work

Basis of employment Particular forms of employment: Temporary work Telework On-call work Work on projects Outsourcing Job – sharing (when a post is shared by two or more people) Work – sharing (work is shared by two or more people) Civil law agreements Recruitment agency contracts Casual work contracts Self employment

Worktime System of equivalent working time System of interrupted working time System of task-oriented work schedule Individual schedule of working time System of shortened working week Weekend work

Protection from a redundancy Notice period Obligation to explain reason of dismissal (justification) Obligation to carry out collective redundancies consultations and discuss dismissal of members of trade unions with representation of the corporate trade union structures. Possibility to be reinstated to work if it is proved in court that dismissal was unjustified.

Entitlements related to parenthood. Protection from being dismissed from work in the course of maternal and parental leave. Entitlement to additional maternal leave with a possiblity to take up a job and retain full protection. Parental leave with a possibility to take up a paid job and retain rights for people who are on leave for a period up to 12 months. Maternal leave granted to a father of a child, on his request and after mother had used 14 weeks of her maternal leave.

Company collective labour agreements Agreements can define employee’s entitlements in a broader and more beneficial way than it is in general regulations such as Labour Code. They cannot however consist of regulations less beneficial for employee than regulations of Labour Code. For a 20th of February 2012 minister of labour and social policy had registered total of: 170 above-corporate collective agreements 310 additional protocols to above agreements 46 arrangements on utilizing other confirmed above-corporate collective agreements as a whole or in a part . 9 additional protocols to these arrangements. An entry has been made to the registry about renouncing or closing 68 above- corporate collective work agreements. In the case of 11 agreements and 46 arrangements, although they are in the registry, they can be described as „dead”, because no changes can be made to them since the institution which signed it has lost their previous competences.

Supra-company collective labour agreements Around 390thousands of workers are included in such agreements, i.e. Self-government workers of educational sector who are not teachers and self government workers of municipal services. Employees of state administrative entities, employed in: National Parks, water management entities, auxiliary enterprises of prison organizational units, military organizational units belonging to state administrative entities 3.    Employees of: power industry, power infrastructure, brown coal mines, defensive and aviation industry hired by employers associated with Federation of Rail Employers hired by employers associated with Section of Building Industry Development in Chamber of Polish Employers and in National Holiday Fund, Telekomunikacja Polska S.A (telecom operator) „ORBIS” S.A., (tourist operator) State Forest Farm „LASY PAŃSTWOWE”, 

Active labour market policy Performing active labour market policy is a domain of public authorities. Active labour market policy is defined mainly by : System of retraining and professional traning for unemployed and those in danger of redundancy Vocational development of graduates. Public works, intervention works Subsidizing jobs or supporting business activity Employment agencies, work clubs, work counselling Types: Influencing supply side of labour market (professional training for unemployed) Influencing demand side of labour market (subsidizing jobs, public works) Support for Labour market institutions

Passive labour market policy Unemployment benefits Earlier retirement Pre-retirement benefits and allowances Temporary and task-oriented benefits Benefits in kind Severance pay as an effect of dismissal from work.

Thank you for your attention www.wup.gdansk.pl Marzena Piekarek m_piekarek@wup.gdansk.pl Maciej Baraniecki m_baraniecki@wup.gdansk.pl