Rules on regional social dialogue amended

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Amended legislation governing the operation of Poland's regional social dialogue commissions came into force at the beginning of 2005. The 16 consultative commissions bring together representatives of regional trade union and employers' organisations, regional government and the national government.

There are 16 regional social dialogue commissions (Wojewódzkich Komisji Dialogu Społecznego, WKDSs) in Poland, one for each voivodship, or administrative region, into which the country is divided (PL0307105F). The law on which they are based was enacted in 2001, and it has now been amended by legislation that came into force at the start of 2005.

Statutory regulations

As with other institutionalised consultative forums, regional social dialogue in Poland derives its ultimate legitimacy from the country’s Constitution. On a general level, the basis for social dialogue is outlined in Articles 12 and 20 of the Constitution, as adopted in 1997. These constitutional provisions guarantee freedom of association (Article 12) and expressly identify a 'social market economy', based on freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, as the basis of Poland's economic system (Article 20). References to social dialogue and to the principle of subsidiarity can also be found in the preamble to the Constitution.

The make-up and the responsibilities of WKDSs are defined in the Act of 6 July 2001 regarding the Tripartite Commission for Social and Economic Affairs (Komisja Trójstronna do Spraw Społeczno-Gospodarczych) (PL0210106F) and regional social dialogue commissions. This Act regulates the establishment (and disbandment) of WKDSs. They are composed of representatives of: the national government, in the person of the regional governor (voivod), who also chairs the commission; the regional government, in the person of its senior official, the marshal; representative trade unions (PL0401107F); and representative employers' organisations. The Act lays down requirements that must be met by social partner organisations seeking affiliation in the national-level Tripartite Commission for Social and Economic Affairs. It is the regional structures or members of the organisations represented on the national Tripartite Commission that sit on the WKDSs. At present, there are three representative trade union organisations(PL0208105F) with nationwide scope: the Independent and Self-Governing Trade Union Solidarity (Niezależny Samorządny Związek Zawodowy Solidarność, NSZZ Solidarność); the All-Poland Alliance of Trade Unions (Ogólnopolskie Porozumienie Związków Zawodowych, OPZZ); and the Trade Union Forum (Forum Związków Zawodowych, FZZ) (PL0210106F). There are four nationally representative organisations for employers and businesses: the Confederation of Polish Employers (Konfederacja Pracodawców Polskich, KPP); the Polish Confederation of Private Employers (Polska Konfederacja Pracodawców Prywatnych, PKPP); the Employers' Union of the Business Centre Club (BCC ZP); and the Association of Polish Crafts (Związek Rzemiosła Polskiego, ZRP).

The Act also provides for the involvement in WKDS meetings in an advisory capacity of representatives of lower-level local government units - municipalities (gminas) and districts (powiats).

The statutory powers of WKDSs are defined first and foremost to express opinions with respect to matters falling within the ambit of trade unions, employers' organisations or the regional authorities (both the governor, who represents the national government, and regional government bodies). The WKDSs do not constitute decentralised structures of the national Tripartite Commission, but are rather autonomous institutions operating at the regional level. Until the 2001 Act was amended in late 2004, there was a lack of clear procedures by which matters could be referred by the Tripartite Commission to the WKDSs. However, the new legislation makes provision for referral by the Tripartite Commission (by way of a resolution) to the WKDSs of matters pertaining to remuneration, social benefits and other social or economic questions at regional level, including those whose resolution may be of consequence as regards maintaining social peace. Following such a referral, the WKDS is to formulate its position with respect to the issue in question and advises the Tripartite Commission accordingly. In order for a WKDS to adopt a position, the representatives of all the parties must be in agreement; in the absence of such unanimity, each party may formulate its own position.

The 2001 Act specifies that WKDSs may decide on their own initiative to consider any conflict-provoking social or economic issues that they consider relevant to social peace in their region. Such issues may be brought to the commission’s attention in writing by any party, whether represented on the WKDS or petitioning it as an outside entity. With respect to conflictual issues, the WKDS may formulate an opinion or adopt a resolution to dispatch a representative on a 'goodwill' mission. Before this happens, however, the parties to the dispute may designate a mediator, in accordance with the Act of 23 May 1991 regarding the resolution of collective disputes. In exceptional cases, the decision to launch a goodwill mission may be taken by the chair of the WKDS; under this scenario, the chair then applies to the minister charged with labour affairs for the appointment of a duly qualified individual.

Another important change in the legal framework for regional dialogue made by the legislative amendments adopted in October 2004, is that the regional marshal - acting pursuant to a motion submitted jointly by the employee and employer sides - must present the draft strategy for the region’s development to the WKDS for review. The amendments also provide that all parties engaged in the WKDS may conclude regional agreements in which they lay down their mutual obligations in relation to their respective duties on the commission; this provision may be taken as a legal basis for the execution of regional 'social pacts'.

Implementing instruments

An ordinance promulgated by the cabinet on 22 February 2002 regulates additional participants at plenary sessions of WKDSs. The commission proper may invite to attend representatives of municipalities and districts within the region concerned (administrative officials and members of social and professional organisations, trade unions and labour organisations, and employers' organisations that do not meet the criteria for representativeness. The ordinance provides that each of the four regional dialogue parties shall be represented by three members. Members of the commission may draw on the assistance of two advisors at meetings. The ordinance also provides that WKDS sessions should be held at least once per quarter. The sessions are presided over by the commission’s chair, ie the regional governor, or the governor may defer the duties of chair to one of the deputy chairs who represent the three other parties. The work of commissions is led by a collegiate body - the WKDS presidium, composed of the chair and the deputy chairs who, together, comprise a caucus representative of the entire commission. The presidium is charged, among other tasks, with:

• formulating the operating programmes and schedules of the commission;

• drawing up session agendas and proposing organisational solutions;

• defining principles on informing the national and regional governments, the national Tripartite Commission and the general public about the commission’s work, and attending to the arrangements for this;

• monitoring of the follow-up of resolutions, opinions, and positions;

• presenting motions concerning operation of the WKDS office; and

• discharging tasks assigned by the WKDS’s plenary session.

Plenary and presidium sessions are convened by the WKDS’s chair although, in specially justified circumstances, the chair may delegate this authority to one of the deputy chairs. The legislation also regulates the duties of the WKDS’s secretary, who is charged with ensuring organisational efficiency in the operations of the commission and of its presidium. The role of the secretary is a purely administrative one, and the secretary does not have a vote in the plenary session or in the presidium.

The ordinance elaborates on the general legislative provision to the effect that the WKDS can adopt opinions when at least one representative of each party is present; the same rule applies for WKDS resolutions dealing with organisational issues.

A WKDS may also resolve to convene permanent or ad hoc working teams. A working team is led by a commission member nominated by the representatives of one party, whose nomination has been subsequently endorsed by the remaining WKDS members. Apart from the chair, a working team is composed of two representatives of each party. Working teams issue opinions subject to the same principles as apply to opinions of the WKDS proper.

Relevant government documents

Apart from the regulations discussed above, important documents pertaining to operation of the WKDSs include a government paper dated 22 October 2002, entitled 'principles of social dialogue'. This document discusses the role of the regional commissions and places considerable emphasis on the WKDSs’ potential to take up some of the workload of the social dialogue institutions at the national level, most notably the Tripartite Commission and the Joint Commission of the Government and of Local Government. The governor, ie the representative of the central government at regional level, has the role of cultivating a climate conducive to authentic social dialogue, and is also charged with: explaining the objectives of government policy; providing for effective implementation of ministerial policy in the region; and encouraging the social dialogue parties to follow a consensus-oriented approach in their interactions.

The Ministry of the Economy, Labour, and Social Policy issued a 'Code of good practices for regional social dialogue commission members' in spring 2004. The Code includes model organisational by-laws for WKDSs, although by the time it was published most commissions has already adopted their own by-laws. Some commentators argue that some of these by-laws tend to incorporate verbatim the pertinent legislation, interpreting this as indicative of a certain circumspection on the part of the commission members, who were reluctant to employ any bolder or more original formulations. The organisational by-laws are a significant source of internal regulations and may address matters such as:

• the position of the WKDS within the regional government's office structures;

• salaried positions for WKDS office staff;

• earmarking of the necessary funds from the regional budget;

• detailed principles concerning the drafting and retention of commission documents; and

• equipping the regional government's offices with the appropriate technical infrastructure so that they may assemble information needed for WKDS business.

Organisational by-laws might also provide for assessment of the working teams or provide some guidelines concerning the WKDSs’ contacts with the media. Such issues may also be addressed by the commission presidium, or in resolutions of the voivodship social dialogue commission.

Commentary

Generally, the regional social dialogue commissions operate in accordance with the procedures stipulated by law, with only occasional slip-ups - for example, on several occasions, WKDSs have not met at least once per quarter, as required.

The institution of the WKDS presidium has proved itself to be effective. These bodies have demonstrated considerable potential for increasing the procedural and operating efficiency of the commissions. Those WKDSs where the presidium meets with greater frequency tend to be able to point to more concrete effects of their work, more thorough documentation, and a higher activity levels of their working teams.

Not all WKDSs have chosen to convene any working teams. Those that have been established are often very different in terms of their size, scope of responsibility, effectiveness, number of meetings and permanence. Overall, it appears that better results have been achieved by those working teams that focus on narrowly defined problems, such as hospital facilities, the local job market or workplace safety. As regards their actual achievements, the working teams have prepared materials for consideration by the WKDS presidiums and plenary sessions, and they have contributed to defusing conflict situations, including by way of the 'goodwill mission' method.

Reviewing the record of the WKDSs over the past three years, there appears to be no need for further definition of the commissions’ shape or activities at the formal level. More attention is, however, warranted to their day-to-day work, as opposed to constitutional framing. For example, the commissions could certainly benefit from the propagation of good practices on a top-down basis from the appropriate ministries, and another area where more work is called for is that of training for the WKDS office staff. Some thought might also be given to asking those commissions that have the best achievements to their credit to present the ideas and initiatives behind their success to others. The body of experience of regional dialogue built up in other European Union countries also presents a very valuable tool for informative and training purposes.

The regional social dialogue commissions in Poland and their operation is presently being studied under a project coordinated by the Public Affairs Institute. (Jacek Sroka, Institute of Public Affairs [Instytut Spraw Publicznych, ISP] and Wroclaw University [Uniwersytet Wrocławski, UWr])