Uphill struggle: collective bargaining for the self-employed in Poland

Abstract

Poland, which has one of the highest shares of self-employment and civil law contracts in total employment in the European Union, provides an instructive example of a labour law reform that extended the personal scope of collective bargaining. Since 1 January 2019, the right to collective bargaining has been extended to all workers in paid employment. The first effects of the reform have however been disappointing. Collective agreements concluded since the new law came into force hardly ever cover non-employees. These results are rooted both in social partners’ attitudes and strategies and in the existing legal framework. Employers keen on reducing labour costs are reluctant to enter into collective bargaining with self-employed workers, while trade unions have not adopted a comprehensive strategy for representing non-employees. At the same time, the law scarcely fosters and encourages social dialogue; in some areas it can even be an obstacle to developing collective bargaining for workers.