The second meeting of employers' organizations and trade unions’ leaders on the draft law regulating functioning of the new institution of tripartite dialogue – the Council for Social Dialogue – has been held. The previous meeting was held on 26th January. Then the social partners handed a joint project, they had worked on for over a year, to the Minister Kosiniak-Kamysz.
Now the Ministry of Labour presented their own project. We welcome the fact that the vast majority of proposals take account of the social partners. It is good that the Ministry listened to the voice of stakeholders most interested in the proposed amendments. All arrangements for the tripartite dialogue require the approval of its participants and should be implemented in a spirit of consensus.
In the draft prepared by the Ministry of Labour and Social Policy there are solutions postulated by the social partners. The most important of these is the right of the Council for Social Dialogue to submit their draft legislation, along with the commitment of the Council of Ministers to consider those projects, and the right to apply to the Supreme Court with a request for interpretation of provisions. The project also contains other proposals of the social partners on the organization and functioning of the Council for Social Dialogue. The key is that rotary chairmanship, which ensures greater independence of the dialogue. Employers of Poland highlighted the importance of thise issue.
Changes posted by the Ministry of Labour are mainly of a technical nature, and their goal is to improve functioning of the new body. However, we have some reservations about the continuous participation of representatives of certain public institutions in the work of the Council as they should participate in meetings of the Council only if they are directly involved in the subject matter. In addition, the timeframes proposed by the Ministry in relation to individual consultation procedures may be too short. Therefore, in order to ensure proper implementation of the Council's tasks, extending them should be considered.
The project, however, does not provide for the obligation to consult annual plans and budgets of the Labour Fund and the Guaranteed Employee Benefits Fund with the Council for Social Dialogue. Therefore, in this respect, the project needs to be modified.
A joint expert team of trade unions, employers' organizations and the Ministry of Labour will take up work on the draft law on the Council for Social Dialogue.
The team will start work early next week and within two to three weeks present a jointly prepared bill to the heads of trade unions, employers’ organisation and the Minister of Labour. It is possible that it is signed by the President and enters into force even before the summer.
Employers of Poland