1. Can government regulation help extend worker voice to the self-employed?
CASE STUDY: POLAND

2. To begin with… The main forms of employment in Poland
TYPICAL (EMPLOYEE) FORMS OF EMPLOYMENT
ATYPICAL (NON-EMPLOYEE) FORMS OF EMPLOYMENT
employment contract
civil law contract
contract of mandate
contract for specific work
other civil-law contracts
self-employment*
*definition of “self-employment” in Poland

3. Upcoming changes to LEGISLATION
Amendment of the Trade Unions Act
On 5 July 2018 the Polish Parliament adopted amendments to the Act of 23 May on Trade Unions.
The changes will come into force on 1 January 2019.
The new provisions are a consequence of a ruling of the Constitutional Tribunal dated 2 June 2015 (K 1/13) on the freedom to create and join trade unions.
What does the ruling say?
the right to found and join trade unions shall be given to all workers (regardless of the legal basis on which work is performed),
a worker is a person who:
performs paid work;
performs work on the basis of a legal relationship; and
has work-related interests that can be protected by trade unions.

4. Upcoming changes to LEGISLATION
Amendment of the Trade Unions Act
What does the new law provide?
Persons who work for money shall have the right to establish and join trade unions.
Who is “a person who works for money”?
an employee or
a person providing work for remuneration on a different basis that the employment relationship as long as he or she:
does not employ any other persons to perform this type of work, irrespective of the legal basis of employment, and
has such rights and interests related to performing the work which may be represented and defended by a trade union.

5. Upcoming changes to LEGISLATION
Amendment of the Trade Unions Act
THE RIGHT TO FOUND AND JOIN TRADE UNIONS
CURRENTLY
employees
members of agricultural production cooperatives
persons who perform work on the basis of an agency contract if they are not employers
FROM 1 JANUARY 2019
employees,
members of agricultural production cooperatives
persons who perform work on the basis of an agency contract if they are not employers
persons employed under civil law contracts,
self-employed,
individuals who perform home based work

6. consequences of the new law
Collective bargaining for non-employees
CURRENTLY
Article 239 of the Labour Code
An agreement [concluded on behalf of all employees] may cover people working on a basis other than that of an employment relationship.
FROM 1 JANUARY 2019
Persons who work for money will be entitled to bargain collectively on their own behalf.

7. THANK YOU JOANNA ŻEBER +48 22 661 16 38
Ministry of Family, Labour and Social Policy
ul. Nowogrodzka 1/3/5
Warsaw