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

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

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 1991 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.

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.

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

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.

THANK YOU JOANNA ŻEBER +48 22 661 16 38 Ministry of Family, Labour and Social Policy ul. Nowogrodzka 1/3/5 00-513 Warsaw +48 22 661 16 38 joanna.zeber@mrpips.gov.pl