Professor Jacek P. Męcina (prof. UW dr hab.), is a lawyer and a political scientist, as well as a social policy expert on labour law, employment relations, employment policy, and social dialogue. His research interests JACEK M are focused on employment and labour market policy, labour law, and collective labour relations, the conditions of functioning of social dialogue JACEKJACEK MMĘĘCINACINA in Poland and in the European countries. Professor at the Institute of Social Policy, the Faculty of Political Science and International Studies at the University of Warsaw, since 2016 Director of the Institute of Social Policy. Scholar of the European Programme TEMPUS and the Alexander von Hum- Social Dialogue boldt Foundation. A member of the Scientifi c Council of the academic journals — Human Resource Management and Social Dialogue and Social Ę in Face of Changes Policy. The Author of more than 100 books, articles, and papers on labour law, labour relations, social CINA in Face of Changes dialogue, employment and labour market issues. He cooperates with the European institutions, the ILO, and many academic and research centres in Poland, Germany and other European countries. on the Labour Market Poland has been building its market economy for slightly more than a quarter of a century and has been a member of the European Union for thirteen years. Currently, Poland can feel the results of the in Poland. international crisis, but with some delay compared to the other European countries. Despite its stable Crisis to Breakthrough From of Changes on the Labour Social Dialogue in Face Market in Poland. economic development and relatively low unemployment, a deterioration in the quality of labour From Crisis relations is noticeable, and what is more Poland recorded a rapid increase in such forms of atypical employment and fi xed-term employment, reaching the highest levels among the EU countries. The result of the crisis in Poland was accompanied by the crisis of social dialogue institutions. In effect to Breakthrough of this crisis the new Social Dialogue Council was created with the aim to enable tripartite dialogue in view of new challenges. The International Labour Organization came as an inspiration for many countries and the ILO Decent Work Agenda became a point of reference for the crisis. New challenges of social and economic development require sound public management with participation of social partners, trade unions and employers’ organisations. Jacek P. Męcina The reviewed book addresses a very wide range of problems related to labour relations and the labour market in Poland, presenting the experience of social dialogue in these areas as methods of solving such problems in everyday and crisis conditions. The publication is a comprehensive elaboration of labour law and labour market issues, taking into account the role of social dialogue, which should comply with the legal regulations of the ILO and the EU, and fi nally Polish legislation to be an im- portant element of public policy management. In addition to interesting theoretical considerations, professor J. Męcina undertakes a number of practical issues, easily moving from institutional issues to public management. An advantage of this work is the presentation of statistical summaries and re- view of legislation in a broader international and the European context. This allows us to understand the distance that Poland has travelled since 1989, with opportunities, but also threats, which social dialogue allows to mitigate. Prof. dr hab. Marek Pliszkiewicz ISBN 978-92-2-131457-8 ISBN 978-83-7545-797-1 Social Dialogue in Face of Changes on the Labour Market in Poland. From Crisis to Breakthrough JACEK MĘCINA Social Dialogue in Face of Changes on the Labour Market in Poland. From Crisis to Breakthrough Social Dialogue in Face of Changes on the Labour Market in Poland. From Crisis to Breakthrough Published by: International Labor Organization Decent Work Technical Support Team Country Offi ce for Central and Eastern Europe – Budapest Mozsár utca 14 Budapest 1066, Hungary www.ilo.org University of Warsaw Faculty of Political Science and International Studies Institute of Social Policy 00-927 Warsaw, Krakowskie Przedmieście 26/28, Poland www.wnpism.uw.edu.pl Author Jacek P. Męcina Peer review Prof. dr hab. Marek Pliszkiewicz Editor Katarzyna Skiert-Andrzejuk Translation Marlena Drozdowska-Zadura © Copyright by Jacek P. Męcina Edited by Ofi cyna Wydawnicza ASPRA-JR Budapest–Warsaw 2017 The responsibility for opinions expressed in signed articles, studies, and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Offi ce of the opinions expressed in them. Reference to names of fi rms and commercial products and processes does not imply their endorsement by the International Labour Offi ce, and any failure to mention a particular fi rm, commercial product or process is not a sign of disapproval. ISBN 978-92-2-131457-8 (print) ISBN 978-92-2-131458-5 (web pdf) ISBN 978-83-7545-797-1 Table of contents Autor’s Introduction, Jacek Męcina . 9 ILO Introduction, Antonio Graziosi . 17 Chapter I Social Dialogue and Challenges in the Area of Labour Market and Labour Relations – Experience and Challenges for Poland . 21 1.1. Social Dialogue and Labour Relations in Poland – Introduction . 21 1.2. The Shaping of the Idea of Social Dialogue in Poland . 29 1.3. Institutionalisation of Social Dialogue in Poland – from Liberal Solutions to Characteristics of Neo-Corporationalism . 36 1.4. Legal Frames for the Functioning of Social Dialogue . 41 1.5. Social Dialogue and Social Agreements and Pacts . 62 1.6. Social Dialogue Partners in Poland . 67 Chapter II Social Dialogue at the EU Level and the Development Priorities of Poland . 81 2.1. Evolution and Development of Social Dialogue in the EU. 81 5 2.2. The European Social Model – an Attempted Defi nition of the Term and an Analysis of its Evolution in the EU . 94 2.3. EU Development Strategies and the Perspective for Employment Growth . 103 2.4 Flexicurity as a European Model of Security and Flexibility in the Labour Market . 114 2.5. The Youth Guarantees as an EU Joint Initiative and Response to the Effects of the Labour Market Crisis. 137 Chapter III Labour Market and Labour Relations in Poland – Socio-Economic Transformation and Ten Years of European Integration . 143 3.1. Labour Market and Unemployment . 146 3.2. Structural Changes of Economy in Relation to Labour Relations . 172 3.3. Infl uence of Post-Accession Emigration on Polish Labour Market. 179 3.4. Costs of Labour and Wages and Labour Relations . 185 3.5. Flexible Forms of Employment and Labour Relations . 195 3.6. Development of Law and Labour Relations . 203 3.7. Infl uence of Social Dialogue on Regulating Labour Relations . 211 Chapter IV Non-standard Forms of Employment in Poland in Light of Labour Law and the Labour Market . 221 4.1. Non-Standard Forms of Employment and the Labour Law System . 221 6 4.2. The Scope of Labour Market Flexibility and Non-Standard Forms of Employment . 228 4.3. Directions and Scope of Labour Market Deregulation . 234 4.4. Deregulation, Flexibility, Atypical Employment Arrangements and Non-Standard Forms of Employment . 238 4.5. Work with an Employment Contract – Atypical Employment Arrangements . 242 4.6. Non-Standard Forms of Employment . 253 4.7. Non-Standard Forms of Employment in the Polish Labour Market. 260 4.8. Instances of Non-Standard Forms of Employment on the Labour Market and the Labour Law System – Conclusions de lege lata and de lege ferenda . 282 Chapter V The New Labour Market Policy – the Reform of the Public Employment Services and the Youth Guarantee Plan . 291 5.1. The Staff and Organizational Potential of Public Employment Services and the Problems of Vocational Activation of the Unemployed . 296 5.2. Collaboration with Employment Agencies. 202 5.3. Limiting Long-Term Unemployment . 306 5.4. Increasing Employment Rate in Priority Groups. 313 5.5. The Role of Employment Offi ces as Employment Agents. 319 5.6. Improving the Effectiveness of the Public Employment Services. 322 5.7. The National Training Fund . 325 5.8. The Situation of Young People on the European Labour Markets and the Youth Guarantee. 329 7 5.9. New Instruments Available for Young People . 342 5.10. The Use of Available Instruments in the First Year of Youth Guarantee Plan Implementation . 346 CHAPTER VI The Most Pressing Problems in Employment and the Polish Labour Market, and the Possibility of a New Framework for Social Dialogue in Poland . 355 6.1. Employment Law and the Issue of Work Without an Employment Contract (Non-Standard Forms of Employment) . 358 6.2. The Increase in Minimum Wage . 373 6.3. Controversy Surrounding the Raise in the Retirement Age . 380 6.4. Demands for Improving the Labour Market . 388 6.5. Raising of Social Benefi ts and a Fight Against Poverty Programme . 391 6.6. Initiatives for Reconstruction of Effective Mechanisms of Social Dialogue. 396 6.7. Return to the Tripartite Dialogue and Initial Experiences of the New Formula of the Social Dialogue Council . 400 Summary. 409 List of Abbreviations, Acronyms, Initials, and Symbols . 413 List of Figures, Tables, Maps . 416 8 Autor’s Introduction The international fi nancial crisis was a main source of a signifi - cant deterioration of the situation on the labour market both in Poland and in other countries, not only in Europe. The level of unemployment increased, especially among young people, house- hold incomes decreased, while the poverty scale grew. Also, labour relationships and work standards suffered unfavourable changes. On one hand, this situation resulted in a quest for new solutions on the labour market, such as working time fl exibility, protection of jobs, and new forms of support for the unemployed and job- seekers, on the other hand, employers more frequently resorted to fl exibility of employment or forms of work without an employment contract, which in turn led to aggravation of structural problems on the labour market in many countries.