BackThe Human Rights Defender addressed the Prime Minister with a request to adjust the Polish labour law to the requirements of the European Social Charter. The request refers concerns of the employees’ right to receive a financial compensation for their work in overtime hours. Simultaneously the Human Rights Defender recalled having acted formerly in this case and consequently being concerned about the lack of appropriate government action.
Pursuant to Article 4 (2) of the European Social Charter an employee should have a right to remuneration for work in overtime hours in an increased dimension. It can be either a higher salary or free time. Some groups of employees might be excluded from the scope of this law, id est management staff and public officers. The Committee of Independent Experts in the field of the European Social Charter has however underlined that the above-mentioned exception relates only to high-ranking public officers and the law does not apply to all of the employees of budgetary institutions. In this respect the Polish law is inconsistent with the European Social Charter. It does not provide the officials with remuneration in an increased dimension for overtime hours. Adjusting the legal system would require many legal acts to be changed e.g. Labour Code, Civil Servants Law, Act on the employees of the state authorities, the Public Service Act and Law on the State Audit Office. In 2011 the Governmental Committee of the European Social Charter has urged Poland to introduce the amendments in Polish labour law. These actions proved ineffective therefore the Human Rights Defender decided to intervene in order to accelerate the legislation works.
Source: Human Rights Defender, POLAND
