Instead of the existing employment contracts, temporary or agency employment contracts, as well as orders, there would be only one form of employment: a uniform employment contract. The exception to this would be contracts for specific work, which would remain unchanged in its current form.
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Young people (ie up to 24 years of age) would benefit most from this change. As much as 60 percent among them, they are employed under civil law contracts. They also lost their livelihood in the first place during the COVID-19 crisis.
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– Only 42 percent people who started their professional career working under a civil law contract, after 3 years from the end of employment, find work under a fixed-term (22%) or indefinite (20%) employment contract. 28 percent still working under a civil law contract, and 23 percent. falls into unemployment – says Jakub Sawulski, head of the PIE macroeconomics team.
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This trend is also shown by the statistics of the Social Insurance Institution. At the end of the second quarter of 2020, employment under a civil law contract decreased by 7%. and was clearly greater than in the case of employment contracts.
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– We recommend uniform contracts to the government as one of the necessary and fundamental changes that should be made on the labor market – comments the deputy director and labor market expert at PIE, Andrzej Kubisiak.
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Emphasizes that this will lead to the elimination of dualism in the labor market, understood as the coexistence of two types of contracts: permanent contracts for an indefinite period with a wide range of social contributions and benefits, and temporary short-term contracts, which are often devoid of contributions and benefits, but offer much simpler rules for terminating cooperation with an employee.
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Kubisiak reminds that Poland ranks second in the European Union in terms of the share of temporary employment. Every third person employed in the country has no guaranteed life stabilization.
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The expert also reminds that the concepts of limiting the use of civil law contracts are not a revolution, they have appeared many times, incl. during the discussion on the new Labor Code in the Labor Law Codification Committee.
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Prof. Marcin Zieleniecki, a specialist in labor law and former chairman of the Codification Committee, admits that the Committee also had flexible employment contracts (for seasonal, part-time or part-time work), but they were to be addressed only to a limited group of recipients (e.g. . freelance work for students or people over 60).
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The increase in the number of types of employment contracts proposed by the Commission, even if it served to make employment more flexible, did not fit in with the concept of a single employment contract.
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– It was about extraordinary situations and for people working on the basis of flexible employment contracts to be covered, to some extent, by protective standards of labor law – explains prof. Zieleniecki.
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In turn, prof. Monika Gładuch, who was the Vice-President of the Commission, remembers that there was also the idea that civil law contracts should apply only to self-employed persons.
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The solution recommended by PIE consists in making all employees equal in terms of both rights and obligations. Persons performing the same work in a given establishment would receive the same security under the Labor Code.
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– Persons employed under civil law contracts are not currently subject to compulsory health insurance. If they are not insured, when they switch to compulsory quarantine, or if they fall ill and cannot perform their duties, they often lose their only source of income. They are left without any benefits. However, employers have no obligations towards them – Kubisiak gives an example.
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Kubisiak also notes that the crisis may have exacerbated the phenomenon of optimizing employment costs. Employers “push” salaried workers into self-employment. This phenomenon is also indicated by ZUS data.
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In order for employers to want to employ full-time jobs, it is necessary, however, to significantly reduce labor costs and enable employers to easily reduce employment in times of crisis.
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– Today there are much more important topics than a uniform employment contract. We need to think about what to do to make employers and employees survive this difficult time. Do everything possible to maintain and protect as many jobs as possible – believes prof. Jacek Męcina, former Deputy Minister of Labor and advisor to the board of the Confederation Lewiatan.
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On the other hand, Marek Lewandowski, the press spokesman of NSZZ “Solidarność”, emphasizes that trade unions have never fought with the civil law contracts themselves, as they are needed on the market, but with their application where code contracts were at stake.
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– Legal contracts are used illegally in Poland and this is a problem. In order to discourage employers from abusing this form of employment, the cheapness of such contracts must be removed. If the wages are the same and the social security contributions are also the same, companies will stop using them eventually – Lewandowski believes.
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He adds that full-time contracts are a beautiful utopia for everyone. – At a time when we have a capital pension system, everyone works for their own future – says the unionist.
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The press office of the new Ministry of Economy, Labor and Technology did not directly address our questions about whether the deputy prime minister is considering PIE’s proposals. It only wrote to money.pl that all new legal solutions would be developed through dialogue, with the participation of employers and trade unions.
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yesterday (15:12)
PMother of God, communists … God save man. After all, this is communism and we are moving towards totalitarianism
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yesterday (15:49)
LidI wonder what’s behind it. We know what the young people up to 24 years of age are supposed to gain. The basic question is what will employees over 24 lose? … Read the whole thing
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yesterday (15:23)
jackA legally working person should be entitled to a retirement pension, sick leave and leave
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