Freedom of Association
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Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Poland

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Poland’s overall score is 91 out of 100. The overall score for Poland is greater than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

Norway ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1949 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1955.

Labour Rights Index 2024

91/100

LRI Country Score

75/100

Freedom of Association Indicator

12.71 %

Trade union density rate (%)

17.2 %

Collective bargaining coverage rate (%)

0.91

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§59 of the Polish Constitution, 1997; §181 of the Labour Code, 1974; §2 of the Trade Union Act of 1991

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§4 & 59(2) of the Polish Constitution, 1997; §18-20 of the Collective Labour Disputes Settlement Act, 1991

Does the law provide for the right to strike?

No

0

§2 & 78(3) of the Act on Civil Service 2008 ; §17-20 & 26 of the Collective Labour Disputes Settlement Act, 1991; ITUC Global Rights Index 2024 (Poland profile)

A,C

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§59 of the Polish Constitution, 1997; §18-20 & 26 of the Collective Labour Disputes Settlement Act, 1991

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §59 of the Polish Constitution, 1997; §181 of the Labour Code, 1974; §2 of the Trade Union Act of 1991

Information

Source: §4 & 59(2) of the Polish Constitution, 1997; §18-20 of the Collective Labour Disputes Settlement Act, 1991

Information

Source: §2 & 78(3) of the Act on Civil Service 2008 ; §17-20 & 26 of the Collective Labour Disputes Settlement Act, 1991; ITUC Global Rights Index 2024 (Poland profile)

A : National Law

National Labour Legislation

"Article 2 1. The Civil Service Corps shall consist of employees employed in officials` positions in: 1) the Chancellery of the Prime Minister, 2) offices of Ministers and Chairpersons of Committees which form part of the Council of Ministers and offices of central agencies of the Government administration, 3) voivodships offices and other offices which are part of the apparatus supporting local agencies of Government administration subordinate to Ministers or central Government administration, 4) headquarters, inspectorate offices and other organisational units which are part of the apparatus supporting heads of unified voivodships services, inspections and guards, as well as heads of poviat services, inspections and guards, unless otherwise provided by relevant statutory provisions of law; 5) The Office for Registration of Medicinal Products, Medical Devices and Biocidal Products; 6) Forest Seed Production Bureau; - hereinafter referred to as the “offices"". 2. The Civil Service Corps shall also comprise poviat and border veterinary officers and their deputies. 3. Officials’ positions in the offices may also be held by individuals delegated pursuant to separate provisions of law in order to perform tasks outside the organisational unit in which they are employed. 4. Rights and duties of members of the Foreign Service Corps and the principles of organisation and functioning thereof shall be determined by provisions of law concerning foreign service. Article 78 1. Civil Service Corps members cannot be guided in executing their duties neither by their particular nor any group interests. 2. Civil Service Corps members shall not be allowed to publicly manifest their political beliefs. 3. Civil Service Corps members shall not be allowed to participate in strikes or actions of protest, which would interfere with regular functioning of an Office. 4. Civil Service Corps members shall not be allowed to combine employment in the Civil Service with a councillor’s mandate. 5. Civil Servants are not allowed to establish or participate in political parties. 6. A Civil Service Corps member holding a senior position in the Civil Service is not allowed to hold position within trade unions. 7. Section 5 shall apply to a Civil Service employee holding a senior position in the Civil Service ."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Persons employed in state and local government, in courts and the prosecution service, as well as in the Internal Security Agency, the Intelligence Agency, police units, the armed forces, the penitentiary services, border authorities, the customs service and the fire brigade are not permitted to strike. These groups of workers must resort to alternative forms of protest."

Information

Source: §59 of the Polish Constitution, 1997; §18-20 & 26 of the Collective Labour Disputes Settlement Act, 1991