Training-leave and Payback Clauses: Policies and Practices in Europe

1. Training-leave and Payback Clauses: Policies and Practices in Europe The Rights to Training-Leave in Poland Izabella Panuś

2. According to PolishLabour Codethe employee has the right to improve his/her professional qualifications or to acquire or supplement his/her knowledge and skills Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 2

3. Trainingleave before 15th July 2010 When the employee is referred for the training by the employer; employee is entitled for: • Exemption from part of the work. • Training leave. • Training-leave with wages or without pay. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 3

4. Training leave Entitlement • 28 working days – to attend compulsory classes during the entire duration of study in absentia. • Up to 6 working days – for preparations and accession to the final examinations (for employees aimed at evening and weekend postgraduate courses, studies and seminars, target self-study, internships or specialized training). Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 4

5. Training leave Entitlement • 2 working days per month – for participation in the mandatory consultation (the employee directed for extramural courses). • The exemption from part of the work (classes begin during the work) makes 5 hours per week. • The employee who is referred and sponsored for a training by the employer may receive additional benefits to cover fees for education, travel, books and accommodation. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 5

6. Entitlement for training leave New conditions for the training leave 16th July 2010 • Raising the professional competence is understood as the acquisition of or addition to the knowledge and skills by an employee as per the employer's initiative or after his/her own quest. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 6

7. Entitlement for training-leave • According to the provisions of law(labour code), the employee is entitled to paid training-leave and time-off from work to attend compulsory classes. • This is conditional to employer referring the worker for training or agree to increase his/her professional qualifications. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 7

8. Entitlement of training leave • A contract is signed between employer and employee with regard to the training; setting out the obligations and rights of both parties. • The employer’s consent must be obtained before the start of the training. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 8

9. 2011 entitlement of training leave Employees who improve/want to improve their qualifications are entitled to: • Training leave. • Exemption from part of the work(partial exemption). Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 9

10. Training-Leave A training-leave is granted for: • 6 days - for an employee joining the external examinations, • 6 days - for an employee joining the matriculation examination, • 6 days - for an employee joining the professional qualification examination, • 21 days in the last year of studies – to prepare a thesis and accession to the final exam. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 10

11. Exemption from part of the work • Exemption from all or part of the working days of the time required to promptly attend the mandatory classes and their durations. The employee retains the right to remuneration against partial or full-time time-off from work for the training. • The exemption is awarded to the employee in the regular working days as per his/her right for the training-leave, mentioned earlier. Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 11

12. According to The All Poland Alliance of Trade Unions this solution is implemented in Poland and is acceptable by us.

13. Thank you  for your attention Izabella Panuś panus@opzz.org.pl www.opzz.org.pl Ogólnopolskie Porozumienie Związków Zawodowych The All-Poland Alliance of Trade Unions 13