THE LABOUR MARKET IN POLAND DURING RECESSION

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1 THE LABOUR MARKET IN POLAND DURING RECESSION RYSZARD JURKOWSKI Warsaw University of Life Sciences SGGW Summary The aim of this article is to present a study s results of the politics pursued by the Polish authorities for the labour market in connection with the recession (economic crisis). Researches were carried out using method of analysing publications connected with the topic and the analysis of the legal principles included in the adoptive acts that were referring to the topic. Analyses were waged between April and June 2009 in Poland, in a special acknowledgement of the decision to support entrepreneurs and employees. Consequently, it has been stated that introduced alterations in connection with the recession may have a positive influence on a development of the occupational cognisance of payees on the labour market. It has been conceded that alterations lead also to the labour s costs increase, and that their efficiency requires the rise of awareness and the increase of entrepreneurs responsibility for an employee and his family s kismet. Keywords: an economic crisis, entrepreneurs support, employees support, professional competence, the labour market, small and medium-sized enterprises, labour s cost, business trading, working hours, social dialogue, self-employment 1. Introduction This paper presents the results of a study conducted between April and June 2009 in Poland, related to decisions of entrepreneurs' and employees support that is taken by the Polish authorities in relation to the recession. The aim of studies was to state tendencies in the scope of the labour market s system, both employment and unemployment rate and the legal system in the part connected to the labour market, hiring and firing employees. Researches were carried out using the method of analysing documents, adoptive acts and their projects in the adopted topic. As a result of analyses it has been stated that quality of Polish citizens lives depends on the way of earning a livelihood, and on the societal-economic level of the region's and country s advancement, and also of a European economy; demand-supply decisions on the labour market are qualified by the economical potential of entrepreneurs, including their level of advancement and competitive advantage they possess; activity of the institutions on the labour market (including public employment services) does not influence creating the working areas. It has been conceded that introduced legal alterations are supposed to influence the labour market in a positive way, inter alia by: preserving the working areas by entrepreneurs being in a temporary financial difficulties because of recession, decreasing a potential menace of unemployment rate rise, or by acquiring or developing abilities and cognisance by employees hired by entrepreneurs being in a temporary financial difficulties. Nonetheless, the legal alterations lead implicitly to labour s

2 58 The labour market in Poland during recession costs increase and require a rise of the awareness of in-service companies in Poland in relation to an entrepreneurs social responsibility for an employee and his family s kismet. 2. Macro-economic predispositions A technological progress heavily affects a productivity of individual production s factors, including the workforce but unequally. [Bukowski, Zawistowski 2008] Because of this progress, some of the working areas arise while others vanish. Imperfection of the labour market causes a part of the workforce to be unemployed. A technological progress s influence on the labour market is a resultant force of new technologies adaptation s costs and the increase of the work s productivity, what results in a relocation of the workforce in economy. Increasing level of the technology in economy leads to a skilled workforce being favoured (those individuals earn more money than those unskilled) and the increase of the unemployment rate of unskilled workers. The source of this economic growth may be acquiring knowledge by practice, accumulation of the human assets, studies and development (innovations, improvements) and changes of the organisational structure. A technological progress that awards greater qualifications along with simultaneously advanced employee s laws preservation and higher unemployment allowance (European standard) result in a persistence of unemployment rate, yet employment s and salaries subsidising decrease the unemployment rate. Employer may hire employees in such a scale, time, qualifying and primeval structure that is the most optimal in relation to the interest of his company, basing on the criteria of efficiency, including labour s costs related [Jurkowski 2002]. Demand on work is determined by its cost as a production factor and its productivity (scale of a production attained from disbursement of work s unit). Work s supply is a result of a time devoted for work and chosen by the individual who belongs to the workforce assets (and before that for gaining occupational cognisance) in proportion to the time left for rest. A change of the labour s market model towards that favouring greater skills results in salaries delimitation increase, especially intensely increasing inequalities in salaries occur between persons from the last decay in comparison to the first decay of the decay [Marcinkowska and others 2008]. Sustained in a few past years economic rise stimulated the increase of demand for work and the decrease of unemployment and the salaries increase [ ołnierski 2009]. The amount of the companies counted among the SMEs that especially in category onto 50 employees increased between 1999 and 2007 for over 30%. The meaning of SMEs derives from their number in 2007 micro-companies enclosed 94,85% of companies, small (excluding micro) about 4,2%, medium (average) about 0,8% and big (hiring more or equal than 251 employees) about 0,15%. SMEs brought in ,4% of GDP, where about 43% of GDP were produced by micro-companies. In 2007 SMEs employed about 70% of people of all companies over 6,2 million. Case was different with salaries the bigger company is, the bigger salary is, however profitability was greater in SMEs. Increasing a productivity of SMEs may be pursued by cooperation between the companies and business institutions [Górzy ski 2006]. Nonetheless, a cooperation of SMEs in the innovations area and their transfer was not satisfying inter alia because of the weaknesses of the cadres. Lack of entrepreneurs knowledge of the development by innovations possibilities results also from KPMG s studies [KPMG 2009]. The aim of investing in research and development in companies in Poland is primarily product innovation, not the melioration of a competing company.

3 POLISH ASSOCIATION FOR KNOWLEDGE MANAGEMENT Series: Studies & Proceedings No. 42, Nearly 80% of all companies holding research-developmental activity did not so far benefit from the support of public resources for that purpose. Over 40% of examined companies cannot appraise the Polish fiscal solutions in the scope of innovations or mechanisms and support tools the rest of companies describe them in a negative way. SMEs condition in 2008 aggravated. [Starczewska-Krzysztoszek 2008a] From the beginning of the 2008, costs dynamics was higher than incomes dynamics, especially because of the salaries increase. A number of the companies acquiring positive financial results were diminishing. The worth of the loss net of companies was mounting up. However, the spirits of SMEs were positive. A group of three of the most important factors that build competitive position of SMEs includes a cost of a product/service, their quality and quality of the customer service along with bonding with customers. Innovative character of products/services matters only for 4,9% of SMEs [Starczewska-Krzysztoszek 2008b]. In the innovative companies a matter of the new technologies of production usage, methods of management, distribution channels, being environment-friendly is much more important. Efficiency of creating suitable terms for entrepreneurship results in a competitiveness, stability of the labour markets for entrepreneurship and developmental dynamics of the economy [Matusiak, Ma ewska 2004]. Self-employment gains support also in the organisational forms of the labour market, by refunding system from the Fund of work and other public funds of starting and leading the economic activity at one s own, and a developing the occupational cognisance in the technological systems and management systems usage. An entrepreneur who belongs to SMEs may receive a support in case of creating a working area for unemployed. 3. Predispositions consequential to the recession Worldwide recession bounces negatively at companies, especially at SMEs. A decrease of a world s demand sunk an export measured in zlotys for 17% and in Euro for almost 30% (data from January 2009). Import has fallen, especially in the scope of investment assets. The accessibility of the external financial resources has also decreased. Credits were not a significant source of financing the SMEs activities, especially innovatory. An inconvenience in its accessibility does not become a problem of the financial liquidity s loss of companies; it let the polish economy attained positive development factors during recession. Nonetheless, it can be assumed that financing an activity from individual s resources results in the minor innovatory of SMEs as they operate in a short period and invest only when the production increase using their assets is possible. High labour s costs are perceived as one of the barriers that aggravates business activity in Poland [PCPE 2008]. Tax barriers also belong to that category, including arduous filling and reporting duties and unclear deeds. Labour relations, barriers are excessive rigidity of the labour law s regulations, arduous duties (informational, filling and reporting), low flexibility of the worktime and advanced employees legal protection. The meaning of SMEs is being accredited in the European Union. Members of the EU approved ( ) a package of help and facilitations for SMEs (Small Business Act), promising them during recession financial and facilitations support. European Investment Bank is supposed to allocate 15 billion Euros for simplified and flexible loan credits through the commercial banks. The whole package of the European Union s support for SMEs is supposed to sum up to 30

4 60 The labour market in Poland during recession billion Euros until EU members were obliged to annihilate redundant deeds, which inhibit entrepreneurs activity. Facilitates are said to include establishment of companies in the European Union and flexible forms of the business activity in the whole EU. 4. Legal alterations Analyses focused on the legal alterations supporting employment s preservation, changes increasing labour s costs and supporting both unemployed and self-employment. a. Legal alterations supporting the employment s preservation Legal alterations supporting employment may be divided into two parts. The first one contains deeds created for the development purpose in the current situation of the labour s market, resulting from the financial crisis (recession), affecting the economy in Poland in The second one contains amendments of the existing deeds by introducing legal norms that are not direct support targeted but may be used for that purpose. Newly created legal norms purposely addressed to the labour market s operators during the recession have to by subsidising the employment cause the decrease of the labour s costs while maintaining the employment what is supposed to lead to preservation and adaptation on the constantly changing labour market and business competitiveness. The primary related deed is a law of mitigating the effects of the recession for employees and entrepreneurs (anti-crisis law). Public help provided in this law is granted from the day of its introduction until the end of the 2010 and bases on the principles indicated in the message of the Commission of the European Union. The message says that temporary community s legal boundaries of country s help facilitating an access to the Fund during the financial crisis and recession, and during 2011 basing on the principles of the de minimis help indicated in the regulations of the Commission (WE): number 1998/2006, number 1860/2004 (changes number 875/2007) and number 1535/2007. The anti-crisis law applies to entrepreneurs (law 2004a): 1) all, regardless their financial status; 2) being in a temporary financial difficulties. Ad1). A primary proposition for this group of entrepreneurs is a possibility to use flexible work-time schedule for employees, although without violating their resting rights. The first of them is a possibility to extend in a compulsory work-time system billing period to 12 months, because of the objective, technological or work-time organisation related reasons while maintaining the general principles of safety and health of the employees. Longer periods of work will be offset by shorter periods of work or periods of not performing work in the adopted billing period. Employer will not be able to reduce the salary below the minimum level, regardless the executed work-time in the employee schedule. Such system is supposed to be carried under the social dialogue with notifying a proper regional labour inspector. The second solution is a possibility to use individual defined by the entrepreneur worktime schedule for employee. Repeating a work by employee in the same natural day will not constitute a work in the overtime hours. Such system s introduction will be possible under the social dialogue, although without notifying a labour inspector. The third solution is a possibility to use individual work-time schedule for employee who looks after the child under the age of 14 or a family member who requires personal care.

5 POLISH ASSOCIATION FOR KNOWLEDGE MANAGEMENT Series: Studies & Proceedings No. 42, The fourth solution is an abridgement of the total time for which an entrepreneur can hire an employee on the contract of employment for a specified period, to 24 months. A contract signed within 3 months before termination or expiration an earlier contract signed for a specified time will be determined ad a subsequent contract for that period. From the end of the 2011 a support for those entrepreneurs will be applied. Ad2). As is in temporary financial difficulties is considered an entrepreneur: 1) who is experiencing the decrease of economic turnover considered as a disposal, not less than 25% calculated in terms of quantity or value in 3 consecutive months after 1 st July 2008 in comparison to the same 3 months from between 1 st July 2007 and 30 th June 2008, 2) who does not arrear in regulations of the public commitments; 3) against whom does not befall any premises of declaring the bankruptcy (law 2003a); 4) who prepared a recovery program, causing probable the improvement of the financial condition and being drawn up for a year, counted from the first day of the month following after the day of application for the benefit from: a) Guaranteed Employee Benefits Fund (law 2006a) to finance benefits of partial satisfying the employees payments in course of the economic tie and benefits to compensate for reduction of the work-time; b) Labour Fund (law 2004b) to subsidise costs of trainings and postgraduate studies and the scholarships for employees; c) training fund (law 2004b), 5) who did not receive any public help to equip or upgrade the working area for unemployed from the Labour Fund, under a reimbursement signed after 1 st February 2009, or did receive that help but from the day of the decision about obtaining a public help to equip or upgrade the working area for unemployed from the Labour Fund passed at least 12 months; 6) who received an attestation of fulfilling the conditions stated in previous points (1 5). An entrepreneur can temporarily reduce (for 6 months) the work-time (not more than to the half of the full work-time) with a proportionally reduced salary. Such solution may be introduced under the social dialogue. Work-time reduction in that case will require neither a contract nor the (termination by amending person). An employee can obtain at the request of an entrepreneur reported to an officer of the Guaranteed Employee Benefits Fund a benefit for a partial offset of the work-time reduction for the period not exceeding 6 months, with maximum value of 70% of the unemployed allowance in dependence on the scale of the employee s work-time reduction. An entrepreneur can introduce in his own company an economic tie, consisting of notperforming work by an employee remaining ready to work for economic reasons that are not related to him. In such case, at the request of an entrepreneur reported to an officer of the Guaranteed Employee Benefits Fund an employee may obtain for the period of 6 months: 1) financial benefit or scholarship with maximum amount of 100% of the unemployed allowance; 2) salary in total of minimal salary with executed work-time included. An entrepreneur will be obliged to announce the agency providing a benefit of the employees that not benefit thus far from the forms of benefits mentioned in the law. Benefits granted in such situation will not be entitled in relation to the allowance of the sickness insurance (including sick-salary), nor of the accident insurance. Total time of using such benefits cannot exceed 6 months per single employee. An entrepreneur

6 62 The labour market in Poland during recession will not be able to terminate a contract of employment with causes not related to the employee during the period of collecting and up to 6 months after collecting the benefits of the economic tie. An entrepreneur who reduced work-time or introduced an economic tie will be able to apply for benefits to pay social insurances contributions for employees [law 1998]. If an entrepreneur creates a training fund, a governor may finance it from Labour Fund on terms specified in the contract signed with an entrepreneur: 1) costs of trainings for employees for the period not longer than 6 months; 2) costs of postgraduate studies of employees for the period not longer than 12 months, on a condition that training of postgraduate studies are justified by his current or future needs. The amount of funds per one person is up to 80% of training or postgraduate studies cost, but not higher than 300% of an average salary in a previous quarter of the year that is announced by the President of CSO and valid in the day of signing the contract. Sending employees for trainings or studies is said to be based on the contract specifying rights and duties of both sides, including the settlement rules in case employee did not finish training or postgraduate studies at his own fault or was fired according to the article 52 of the Labour Code. If the employee benefiting from trainings or postgraduate studies has reduced work-time or is in the economic tie in the same time, he will have the right to scholarship in the value of 100% of unemployed allowance. A help for those entrepreneurs applies until 31 st December In the scope of expense-income situation of an entrepreneur, payments to the training fund is considered as chargeable for expenses of the business activity [law 2004b]; incomes of the training fund are considered as unused incomes in the tax year [laws 1991a, 1992]. In relation to subsidies from those funds foreseen to bridge the results of the recession, the wider catalogue of the expenses from special funds of the labour market was introduced [laws 2004b, 2006a]. Furthermore, allowance aids paid from institutional benefit fund [law 1994a] and from the funds of trade unions were released from the income taxes. An important element of the employment support programme is a package increasing employability of persons over 50 years old. Legislator foreseen subsidizing those persons in the scope of contributions for Guaranteed Employee Benefits Fund and the Labour Fund. It is also predicted to facilitate organizing free of charge transport to work for employees. The employee who is 50 years old retains the right to 80% of salary for the period of incapacity to work due to illness or detention in relation to an infectious disease that have not lasted in longer than 14 days in a calendar year (and not 33 days). Sick salary inculpates employer s expenses while the sick pay Social Insurance Fund. Programmes of professional development (professional competences) co-financed by the Labour Fund may also provide support for persons who are 45 years old. Legal alterations included a support of women s employability, especially by allowing to creating and funding from the social fund on-site nurseries and kindergartens [law 1994a]. b. Legal alterations causing the increase of the labour costs Legal alterations increasing labour costs are related to the two areas: employee s rights under individual employment right and collective interests resulting from the extension of social dialogue. Extension of the employee s rights causing the increase of labour costs mainly results from the changes in maternity leaves and alike. They result in the increase of employee s absence with

7 POLISH ASSOCIATION FOR KNOWLEDGE MANAGEMENT Series: Studies & Proceedings No. 42, retained rights to social benefits, including employment protection and the right to re-employment with salary not lower than he would be given if had not benefited from leave. Implemented legal protection of employment status that uses lowered labour time instead of maternity leave. Employer has been charged the costs of choice and actions of workers counsel [law 2006b]. He also organises elections. A social dialogue has been extended for cross-border companies what is the implementation of the directive of European Parliament and the Counsel 2005/56/WE of 26 October 2005 by Poland. Directive relates to the cross-border merging of capital associations. Introduced alterations will complement the existing rights of employees to participate in the management of a transnational company [law 2002]. The extension of social dialogue also results from the laws of various law journals to consult with the representative of the employees labour, employment, firing issues, etc. Indirectly, as a change resulting in the increase of labour costs (by lack of their decrease) are considered changes in the employment of temporary workers [law 2003b]. Legal alteration prohibits to employ temporary employees by such employer (no matter how many employees he hires) that in the 6 months before planned start of work by the temporary employee has terminated employment relationships or ended those relationships by both-sided agreement not for personal reasons, if total amount of fired employees in that period is not less than for mass firing [law 2003c]. With restriction that such amounts will be taken into account in general with all out of the city branches. Employer that hires a temporary worker for over 6 months will have to include such worker in the total amount of hired employees that is a basis for creating workplace safety and workplace safety s commissions. The increase of labour costs may be a result of implementation proposed by Codification Commission of Labour s new Labour Code (MPiPS). It provides, next to the current or implemented scope of legal protection of employees and benefits, legal protection of outside-worker forms of employment (civil contract) of individuals. Newly designed Labour Code provides flexible forms of employment that are said to be labour relationships alike because of what employee will be under legal protection and benefit system. c. Legal alterations supporting unemployed The essential elements are legislations made to improve actions of labour s market institutions, including provide of various forms of vocational elicitation. A person who can gain unemployed status and benefits from labour market benefit system since 1 st September 2009 is, also a person in electronic surveillance system instead of being in prison. Labour Fund is said to support projects developing the professional qualifications and job seekers with restriction that more support may be directed to entrepreneurs that will create a training fund. Protection of employees demands is reinforced by abridgment of time necessary to wait to be paid (the employee benefits) from an insolvent employer and by equalization of rights of debtors in Guaranteed Employee Benefits Fund who are individuals, in both commercial and noncommercial activities. Paying a performance bond from Guaranteed Employee Benefits Fund is said to serve this purpose with restriction that the amount is not higher than the minimal salary. More flexibility in financing various benefits from this Fund is also vaticinated.

8 64 The labour market in Poland during recession Besides the regulation of labour market, the important meaning for supporting search of employment may have a law on state aid in the repayment of some housing loans granted to persons who have lost their jobs adopted by the Parliament on 19 th June The law provides the funding from Labour Fund a periodical, returnable help of the country for individuals obliged to repay a housing loan that has lost job after 1 st July Such help relies on a transfer (monthly instalments) by National Economy Bank s credit institution amount of money defined in decision of proper mayor, intended to repay the obligation of the holder of housing loan for period not longer than 12 months. The amount of aid is specified in Polish zlotys as an equivalent for 12 monthly instalments and interests housing loan with restriction that if amount of such instalment is higher than zlotys (does not matter what currency the loan is in), to define amount of help is taken zlotys. The holder may apply for grant in the country employment office, where he had been registered as unemployed before 31 st December Repayment of aid under a law begins in the month after two years have passed since cessation of assistance and is made by 8 next years in equal monthly interest-free instalments paid before 15 th day of each month, for bank account of Labour Fund revenant for district labour office. Special system of supporting abilities to work is legal arrangements in scope of education and other educational projects aimed on development of qualifications and competences. In such a scope the important things are legislations of laws on educational system [law 1991b] that concretes the purpose of learning to develop capacity for gainful employment and developing educational system by obligatory education from6 th birthday, developing a system of external evaluation the results of teaching and allowing to manage educational business activity such as educational institutions in which teaching and its quality are controlled (curator of education, minister of education). Towards improvement of teaching s quality and more usefulness of gained education for labour market purposes are made changes in law of academic education [law 2005]. Those changes allow gaining academic education on three difference levels with restriction that its quality may be similar to the one gained in other European Union countries. Changes in scope of postgraduate studies should be evaluated in this way. This form is considered beyond-school form of education [regulation 1993]. However, laws of academic education law empowered to realize that form only by colleges (however, they can realize postgraduate studies with other institutions, including employers). Thus the postgraduate teaching is said to fulfil quality conditions for academic education what makes postgraduate studies a basis to honour professional qualifications and licence [for example law 1997]. Postgraduate studies have been advisable in legislation as important form enabling and retaining employment. Increasing the efficiency and effectiveness of the labour market may also serve a revised law of public-private partnership that has been adopted by Parliament on 19 December 2008 [Parliament]. Adopted to improve co-operation start of a public entity and private partner that aim is mutual implementation based on division of work that is necessary to do and risk between public and private partners. If only such partnerships will come into existence on a labour market.

9 POLISH ASSOCIATION FOR KNOWLEDGE MANAGEMENT Series: Studies & Proceedings No. 42, d. Legal alterations supporting self-employment Such alterations have been included in the laws settling heading up a business activity. They apply especially to facilitate with accounting this activity in central register of business activity [law 2004a] from where they can be hand over to the national official register of national economy entities (REGON), to correct tax office s chief officer that was designated by entrepreneur (NIP) and to the Department of Social Insurance or the Central Agricultural Social Insurance Fund. Entrepreneur being individual can also hang-up the activity. A legislator reduced the scope and duration of a single control conducted for entrepreneur s activity. A required share capital of companies was lowered [law 2000]. For limited liability companies it is now 5000 zlotys and for joint-stock companies zlotys. A company especially limited liability is available for person being fired for reasons not related to the company (with practiced protective packages that provide clearance usually higher than statutory ones, and legal and business advices). The establishment of social cooperatives has been simplified [law 2006c]. The amount of founders of social cooperatives cannot be less than 5, if founders are individuals and 2, if artificial persons. A social cooperative can be founded inter alia by unemployed persons, handicapped persons, including those with limited legal capacity. Social cooperative does not settle court fee for application of registering a cooperative in the National Court Register nor for modifications of those entries in NCR, and for publishing those entries in the Court and Economic Monitors. For against payment statutory activity is exert rules of law of public benefit activity and volunteerism [law 2003d]. Activity of social cooperative may be supported by public funds. Simplifications of the business accounting without a need to use full accounting from individuals, civil companies of individuals, companies and associations of individuals. Also, the cooperatives were introduced and take effect if their net revenues from the sale of goods, products and financial operations for previous year was at least at level of their equivalent in Polish currency that is Euro [law 1994b]. 5. Conclusions A quality of Polish citizens life depends on having a possibility to earn a livelihood and on the socio-economic development of the region, country and European economy. Demand-supply decisions in the labour market are contingent upon an economic potential of entrepreneurs including their development level and competitive advantages. Competitive advantage depends heavily on a saturation of innovations in companies the basic economic area that generates work places is a SMEs sector. The activities of labour market institutions including public employment services does not have much influence on generating working places. However, active politics of labour market implemented by those institutions serves general development of social and human capital (for region and companies). The important determinant of quality of human and social capitals are professional competences including practical skills that evolves both in school educational system and beyond-school forms of learning organised by training institutions on a labour market.

10 66 The labour market in Poland during recession Implemented changes should, as planned, have a positive effect on labour market by: keeping work places in companies being in temporary financial difficulties due to the recession, decreasing potential threat of increase the unemployment, retaining the current demand for goods and services, acquisition of new or increased skills and qualifications by employees hired by entrepreneurs being in temporary financial difficulties, allowing the reconciliations of professional and family responsibilities, decreasing the risk of social repudiation because of job loss. However, the analysis of those changes shows such goals may not be achieved because of following circumstances: 1) changes predicted to be permanent bring greater legal protection of employees (i.e. in scope of making and stopping labour relationships and other forms of employment of individuals) and a wider scope of their rights (i.e. maternity leaves and alike, dismissals from work, availability of trainings and other forms of increasing professional qualifications) what causes the increase of labour costs, 2) changes aimed on the increase of employees participation in management by activity in labour unions or by employees counsels made in every entrepreneur company that hires at least 50 employees (middle entrepreneur) and transnational entrepreneur by the noninstitutionalised representation of employees (obligatory in every entrepreneur s company in scope of work safety, and obligatory when entrepreneur hires at least 20 employees, if labour unions does not operate in scope of social issues and mass firing), what causes the increase of labour costs, 3) changes predicted to be temporary, especially benefits during the economic downtime may decrease labour costs of entrepreneur being in temporary financial difficulties, however: a) those changes take effect since 2 nd half of 2009; that is almost a year after global recession and over half a year after its results in Poland; entrepreneurs that have not been affected by first effects of recession, especially connected with change of banks strategies, may now feel lack of capital for current operations and may not pay their own obligations, including public budget or public funds, and because of that will not be able to benefit from social support, b) the amount of support while economic downtime will not be higher than minimal salary what can be less lucrative solution than downtime salary defined in article 81 of Labour Code; it may result in displeasure and labour limitations of both individual and mass; it may be set up that employee, choosing between discharge from work or economic downtime at less lucrative conditions that stated in Labour Code, will choose economic downtime however such apparition may not be common, 4) changes aimed to increase the professional activity in scope of development of professional competences and mobility will lead to the increase of the value of human capital on labour market; by that to expected increase of salaries (increasing labour costs), however the result of fitting the labour offices in growing competences (rights) in scope of education causes dualism of educational system in Poland, next to schools and educational institutions, provided quality control of learning conducted by the superintendent of education, shows up providers offering trainings and beyond-school forms of education not taking part of such control, espe-

11 POLISH ASSOCIATION FOR KNOWLEDGE MANAGEMENT Series: Studies & Proceedings No. 42, cially control of accordance to the scientific content; dualism of educational system will increase costs of the system and that is already observed because of not-decreasing amount of registered unemployed graduated persons (what means that schools teaches professions and specializations unnecessary in the labour market), 5) changes in scope of labour market servicing that rely on making easier taking and managing the activity of employment agency, preserving a public control over their activity serves reformations of service people actively searching for job or possibilities of retraining and that s what should serve, however indirectly, planned changes in scope of access to free of charge legal aid. These observations do not mean that predicted changes should be considered ineffective. They seem to be reasonable, however real limitation of negative effects of recession will require a conscious responsibility of entrepreneurs in Poland for employee and employee s family kismet. They require acknowledge that the social and economic development serves profitability of business and not opposite. A socio-economic development is not possible without development of professional competences of persons and without honourable defrayment of those competences. Quality of employees work in Poland and their preparations does not differ from the European Union standards and legitimates to expect payment at similar level. Bibliography [1] Bukowski, Zawistowski 2008: Bukowski M., Zawistowski J. (red), Zmiana technologiczna na polskim rynku pracy [A technological change of Polish labour market], MPiPS Warszawa 2008 [in Polish]. [2] Górzy ski 2006: Górzy ski M., Pander W., Ko P., Tworzenie zwi zków kooperacyjnych mi dzy MSP oraz MSP i instytucjami otoczenia biznesu [Creating relationships between the SMEs and the SMEs and institutions of business environment], PARP Warszawa 2006 [in Polish]. [3] Jurkowski 2002: Jurkowski R., Prawne i ekonomiczne aspekty zarz dzania lud mi w firmie [Legal and economical aspects of personnel management in the company], Dom Wydawniczy ABC, Warszawa 2002 [in Polish]. [4] Komunikat Komisji Unii Europejskiej Tymczasowe wspólnotowe ramy prawne w zakresie pomocy pa stwa ułatwiaj ce dost p do finansowania w dobie kryzysu finansowego i gospodarczego [Temporary community framework of government help to support access to finance in the financial and economical crisis], Dz. Urz. UE C 16 z , s. 5. [5] KPMG 2009: Czy warto inwestowa w innowacje [Is it worth to invest in innovations?], Raport KPMG, Warszawa 2009 [in Polish]. [6] Marcinkowska i inni 2008: Marcinkowska I., Ruzik A., Strawi ski P., Walewski M., Badanie struktury i zmian rozkładu wynagrodze w Polsce w latach [Researching the structure and changes of distribution payment in Poland in years ], MPiPS Warszawa 2008 [in Polish].

12 68 The labour market in Poland during recession [7] Matusiak, Ma ewska 2004: Matusiak K.B., Ma ewska M., Wspieranie małej i redniej przedsi biorczo ci w wietle ustawy o promocji zatrudnienia i instytucjach rynku pracy [Supporting small and medium enterprises in the context of the act of employment promotion and institutions of labour market], MGiP Warszawa 2004 [in Polish]. [8] MPiPS: [9] PKPP 2008: Czarna lista barier [Dark list of barriers], PKPP Lewiatan Warszawa stycze 2008 [in Polish]. [10] Regulation 1993: Rozporz dzenie Ministra Edukacji Narodowej oraz Ministra Pracy i Polityki Socjalnej z dnia 12 pa dziernika 1993 r. w sprawie zasad i warunków podnoszenia kwalifikacji zawodowych i wykształcenia ogólnego dorosłych [regulation about rules and conditions of improving professional qualifications and general education of adults] (Dz. U. Nr 103, poz. 472) [in Polish]. [11] Regulations of the Commission: Rozporz dzenie Komisji (WE) nr 1535/2007, Dz. Urz. UE L 337 z , s. 35. [12] Regulations of the Commission: Rozporz dzenie Komisji (WE) nr 1998/2006, Dz. Urz. UE L 379 z , s. 5. [13] Regulations of the Commission: Rozporz dzenie Komisji (WE) nr 875/2007, Dz. Urz. UE L 193 z , s. 6. [14] Parliament: r. [15] Starczewska-Krzysztoszek 2008a: Starczewska-Krzysztoszek M., Konkurencyjno sektora MSP Wyniki badania [Competitiveness sector SMEs Result of research], PKPP Lewiatan Warszawa grudzie 2008 [in Polish]. [16] Starczewska-Krzysztoszek 2008b: Starczewska-Krzysztoszek M., Ranking najbardziej innowacyjnych firm w Polsce. Wyniki badania [Rating of the most innovative businesses in Poland. Results of the research], PKPP Lewiatan Warszawa grudzie 2008 [in Polish]. [17] Szewc 2006: Szewc A., Zioło K., Grzesiczak M., Umowy jako prawne narz dzie transferu technologii [Agreements as a legitimate tool of technology transfer], PARP Warszawa 2006 [in Polish]. [18] ołnierski 2009: ołnierski A. (red), Raport o stanie sektora małych i rednich przedsi biorstw w Polsce w latach [Report about the condition of the sector of small and medium enterprises in Poland in the years ], PARP Warszawa 2009 [in Polish]. [19] Law 1991a: Ustawa z dnia 26 lipca 1991 r. o podatku dochodowym od osób fizycznych [Act about the income tax from physical persons ](tj. Dz. U. z 2000 r. Nr 14, poz. 176, z pó n. zm.) [in Polish]. [20] Law 1991b: Ustawa z dnia 7 wrze nia 1991 r. o systemie o wiaty [Act about educational system](tj. Dz. U. z 2004 r. Nr 256, poz. 2572, z pó n. zm.) [in Polish].

13 POLISH ASSOCIATION FOR KNOWLEDGE MANAGEMENT Series: Studies & Proceedings No. 42, [21] Law 1992: Ustawa z dnia 15 lutego 1992 r. o podatku dochodowym od osób prawnych [Act about the income tax from business ] (tj. Dz. U. z 2000 r. Nr 54, poz. 654, z pó n. zm.) [in Polish]. [22] Law 1994a: Ustawa z dnia 4 marca 1994 r. o zakładowym funduszu wiadcze socjalnych [Act about social benefits fund of the company] (tj. Dz. U. z 1996 r. Nr 70, poz. 335, z pó n. zm.) [in Polish]. [23] Law 1994b: Ustawa z dnia 29 wrze nia 1994 r. o rachunkowo ci [Act about accountancy] (tj. Dz. U. z 2002 nr 76 poz. 694, z pó n. zm.) [in Polish]. [24] Law 1997: Ustawa z dnia 21 sierpnia 1997 r. o gospodarce nieruchomo ciami [Act about economy property](tj. Dz. U. z 2004 r. nr 261 poz. 2603, z pó n. zm.) [in Polish]. [25] Law 1998: Ustawa z dnia 13 pa dziernika 1998 r. o systemie ubezpiecze społecznych [Act about insurance social system](tj. Dz. U. z 2007 r. nr 11, poz. 74, z pó n. zm.) [in Polish]. [26] Law 2000: Ustawa z dnia 15 wrze nia 2000 r. Kodeks spółek handlowych [Codex of trade companies](dz. U. nr 94 poz. 1037, z pó n. zm.) [in Polish]. [27] Law 2002: Ustawa z dnia 5 kwietnia 2002 r. o europejskich radach zakładowych, [Act about european factory council] (Dz. U. nr 62, poz. 556, z pó n. zm.) [in Polish]. [28] Law 2003a: Ustawa z dnia 28 lutego 2003 r. Prawo upadło ciowe i naprawcze [Act about bankruptcy and corrective](dz. U. Nr 60, poz. 535, z pó n. zm. [in Polish]. [29] Law 2003b: Ustawa z 9 lipca 2003 r. o zatrudnianiu pracowników tymczasowych [Act about employing temporary employees] (Dz. U. nr 166, poz. 1608, z pó n. zm.) [in Polish]. [30] Law 2003c: Ustawa z dnia 13 marca 2003 r. o szczególnych zasadach rozwi zywania z pracownikami stosunków pracy z przyczyn niedotycz cych pracowników [Act about specific rules of solving labour relations with employees for reasons not attributable to employees] (Dz. U. Nr 90, poz. 844, z pó n. zm.) [in Polish]. [31] Law 2003d: Ustawa z dnia 24 kwietnia 2003 r. o działalno ci po ytku publicznego i o wolontariacie [Act about the activities of public interest and voluntary service] (Dz. U. nr 96, poz. 873, z pó n. zm.) [in Polish]. [32] Law 2004a: Ustawa z dnia 2 lipca 2004 r. o swobodzie działalno ci gospodarczej [Act about the freedom of business] (tj. Dz. U. z 2007 r. nr 155, poz. 1095, z pó n. zm), [in Polish] [33] Law 2004b: Ustawa z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy [Act about the promotion of employment and institutions of labour market] (Dz. U. z 2008 r. Nr 69, poz. 415, z pó n. zm [in Polish]. [34] Law 2005: Ustawa z dnia 27 lipca 2005 r. Prawo o szkolnictwie wy szym [Act about higher education] (Dz. U. nr 164 poz. 1365, z pó n. zm.) [in Polish]. [35] Law 2006a: Ustawia z dnia 13 lipca 2006 r. o ochronie roszcze pracowniczych w razie niewypłacalno ci pracodawcy [Act about the protection of workers' claims in case of the insolvency of their employer] (Dz. U. Nr 158, poz. 1121, z pó n. zm.) [in Polish].

14 70 The labour market in Poland during recession [36] Law 2006b: Ustawa z dnia 7 kwietnia 2006 r. o informowaniu pracowników i przeprowadzaniu z nimi konsultacji [Act about informing employees and carrying out consultation with them] (Dz. U. nr 79 poz. 550, z pó n. zm.) [in Polish]. [37] Law 2006c: Ustawa z dnia 27 kwietnia 2006 r. o spółdzielniach socjalnych [Act about social cooperatives] (Dz. U. nr 94 poz. 651, z pó n. zm.) [in Polish]. [38] Anti-crisis law: Ustawa z dnia 1 lipca 2009 r. o łagodzeniu skutków kryzysu ekonomicznego dla pracowników i przedsi biorców [Act about mitigating the effects of the economic crisis for employees and businessmens], Dz. U. nr 126 poz [in Polish]. RYNEK PRACY W POLSCE W DOBIE KRYZYSU EKONOMICZNEGO Streszczenie Celem artykułu jest przedstawienie wyników bada polityki prowadzonej przez władze polskie wobec rynku pracy w zwi zku z kryzysem ekonomicznym (gospodarczym). Badania prowadzono metoda analizy tekstu publikacji dotycz cych tematu oraz analizy tre ci norm prawnych zawartych w aktach prawnych odnosz cych si do podj tego tematu. Analizy prowadzono w okresie kwiecie czerwiec 2009 roku w Polce, ze szczególnym uwzgl dnieniem decyzji o wspieraniu przedsi biorców i pracowników. W wyniku analiz ustalono, e wprowadzane w zwi zku z kryzysem ekonomicznym zmiany prawne mog wywrze pozytywny wpływ na rozwój kompetencji zawodowych beneficjentów rynku pracy. Uznano, ze zmiany te prowadz tak e do wzrostu kosztów pracy. Uznano, e ich skuteczno wymaga wzrostu wiadomo- ci i zwi kszenia odpowiedzialno ci przedsi biorców za pracownika oraz losy jego i jego rodziny. Słowa kluczowe: kryzys ekonomiczny, wspieranie przedsi biorców, wspieranie pracowników, kompetencje zawodowe, rynek pracy, małe i rednie przedsi biorstwa, koszty pracy, obroty gospodarcze, czas pracy, dialog społeczny, samozatrudnienie Department of European Politics, Public Finance and Marketing Faculty of Economic Sciences Warsaw University of Life Sciences ul. Nowoursynowska 166, Warsaw, Poland [email protected]