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Dziękuję za uwagę Employment model and freedom of association the case of Poland Joanna Unterschütz
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Departure point – 1990s Overemployment reaching 20-30% Priviatization Collective redundancies Growing number of unemployed - more than 10-fold reaching 1,2 million people
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Labour law Liberalisation of labour law Measures to activate dismissed workers and the unemployed New forms of work devrlop 56 000 agency workers in 2014-double in comparison with 2009. Yet, only 46% of temporary workers are employed on the basis of employment contract.
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Trade union membership
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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%
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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
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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 2007 - 4% - in 2013 -18%. No protection during dismisslas No working time limits No holidays No minimum wage Limited protection for parents
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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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Dziękuję za uwagę Thank you! Stockholm 19.05.2016
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