Article 241/18 of the Labour Code stipulates that collective agreements with several employers may be extended, by a decree of the Ministry of Family, Labour and Social Policy (Minister of Two Rodziny), to employers who are not affiliated with the signatory employers` organisations when they cooperate with several employers at the joint request of an employer organisation and a union. However, this legal possibility is not used in practice, as collective agreements with several employers are very rare in Poland. Overtime worked beyond the legal limits of the weekly working hours (40 hours) and work that goes beyond the 24-hour working time of 8 hours, corresponding to the existing scheme and work plan, are covered by the labour code (Article 151). It can be put in place in the case of a rescue operation necessary to protect people`s lives or health, to protect property or the environment, to repair a breakdown or to meet certain requirements of employers. The number of overtime hours worked in relation to specific employer requirements must not exceed 150 hours for an individual worker in a given calendar year, unless another (smaller) limit is set in a collective agreement, employment contract or individual contract. As a general rule, overtime pay can be paid by additional pay or a break instead of one. The worker is entitled to an additional allowance for daily overtime, 100% of his normal earnings for night overtime, Sundays and public holidays that are not his normal working days, as well as holidays paid to a worker in exchange for work on Sundays and public holidays and, in case of overtime, beyond the legal weekly duration (40 hours). In other cases, 50% of normal earnings are paid. The process of decentralization and the abandonment of business-to-business and sectoral collective agreements have become a permanent trend in the industrial relations system. Collective agreements are legally binding. The party entitled to enter into a collective agreement cannot refuse to enter into collective agreements if it wishes to enter into a new collective agreement or if the modification of an existing collective agreement is necessary because of a substantial change in an employer`s economic situation or the deterioration of the workers` situation.
Some collective agreements provide for lump sum payments to workers instead of retroactive wage increases or as compensatory supplements. Unless otherwise made by the CFO, these lump sum payments must also be made to workers excluded from the collective agreement as exclusions from business or confidentiality, although they are classified as a category or professional level under the collective agreement. In general, there is no information on the content of collective agreements, other than the brief reports of the National Labour Inspectorate (PIP). If persons in management or confidentiality positions are employed in a professional category and at the professional level under a collective agreement and their rates of pay have not been set by the tax office, they are paid at the rates of pay set in the collective agreement. Note: there is no data on the number of disputes and disagreements resolved by arbitration and goodwill missions, but the department notes that the appearance of the former is very rare and that no information on the latter is available.