Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University

Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University

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consequences (just as was the case in Germany every time the retirement age after ATZ had been raised). A positive reaction to the law on pre-retirement benefits is the renunciation of their use after their level was lowered in 2004. That was the case in several firms due to refusal of workers to accept low benefits. The equalisation of retirement ages was discussed several times but has never come into effect, therefore it has so far had no impact upon the firms. Most of my interviewees assessed it negatively, again arguing with the “double burden” of women. In the opinion of interviewees, also female workers would negatively react to such a change as they were geared towards retirement at 55. More strict rules for the granting of disability pensions imposed in 1997 have so far had an effect only on workers. My interviewees reported that workers encountered problems with access to disability pensions despite work incapacity or were confronted with the subsequent withdrawal of entitlements. In cases when the worker had been deemed as incapable of work by the company physician, the firm could not re-employ him. An adaptation to that reform has not happened, as sheltered workplaces have decreased in number. As was the case in Germany, the employer does not feel responsible for such cases, and the exit on disability pensions is regarded as one among many exit pathways. In many firms, former workers who have recovered are again hired. The anti-discrimination legislation was not only passed much earlier in Poland than in Germany in preparation for EU access but has also provoked more discussion at firm level, although not always to the benefit of older workers. Job ads in some of the Polish firms in my sample are formulated without the age criterion, although that has not raised the job prospects of older candidates in the opinion of experts. In contrast to Germany – where no firm has dropped the regulation that the work contract is cancelled upon reaching retirement age – the anti-discrimination legislation is seen as barrier to such practice in Poland. However, the legislation may invite evasive strategies, e.g. dismissing a worker for operational reasons due to the prohibition of dismissal on grounds of age. There is also uncertainty among employers about the proper interpretation of ´equal opportunity´, e.g. whether shorter working hours for older, impaired workers are lawful. 199

That analysis evidently demonstrates that Polish firms have not yet realised the changes entailed by the expiry of early retirement pensions and the possible equalisation of retirement ages. Poland is a country with a “top down approach to the issue of an active ageing policy” (Rogut et al. 2007: 28), the state being the main player on that arena. Moreover, “[m]ost activities which encourage the employment of older workers result from the concrete needs of firms (business driven activities) and not from the effects of public initiatives (public policy driven activities)” (ibid). Polish firms have no concepts on how to deal with excess labour force and aged workers in future. They are supported in that ´no reaction´ pattern and incremental policy by the ambiguity in political decisions. Moreover, the employers have the power to dictate the conditions of employment, in contrast to the pre-transition situation, when employee representatives and trade unions had more power (Schroeder 2004). The 4-year protection period from dismissals is circumvented by firing older workers earlier, or by offering them a cancellation agreement. The prevention of work incapacity of older workers is not seen as the purview of the firms, and disability pensions are used as solution. In times of high unemployment and the presence of many young, well-educated candidates, the firms perceive no need to reorganise their personnel policy. The statement of the personnel manager of a vehicle manufacturer is exemplary in that respect who said that under such conditions, the investment of the employer in the recruitment and retention of older, experienced workers is not needed (Firm PL-14). My impression is that firms will continue their policy of ´no reaction´ until bridging pensions, which were legislated as a replacement for early retirement pensions for some birth cohorts in December 2008, will have also expired 55 , as around that date, the decrease of the working-age population will begin to show (MPiPS 2008: 34). Another conclusion from this section is that positive and negative reactions to a certain reform element can coincide in one and the same firm. The findings in this section support hypothesis 6 (see section 2.1.) – the personnel policy of Polish firms is not prepared for the prolongation of working life and will rather thwart such a development. Personnel policy of Polish firms is deficient in many respects 55 That would be 2023 for women and 2028 for men, as bridging pensions are granted to persons who remained in the old pension system (i.e. born before 1969) and fulfil the regular conditions for the former ´old-age pensions for work under special conditions´ or ´of special character´. 200

That analysis evidently demonstrates that Polish firms have not yet realised the changes<br />

entailed by the expiry of early retirement pensions and the possible equalisation of<br />

retirement ages. Poland is a country with a “top down approach to the issue of an active<br />

ageing policy” (Rogut et al. 2007: 28), the state being the main player on that arena.<br />

Moreover, “[m]ost activities which encourage the employment of older workers result from<br />

the concrete needs of firms (business driven activities) and not from the effects of public<br />

initiatives (public policy driven activities)” (ibid).<br />

Polish firms have no concepts on how to deal with excess labour force and aged<br />

workers in future. They are supported in that ´no reaction´ pattern and incremental policy<br />

by the ambiguity in political decisions. Moreover, the employers have the power to dictate<br />

the conditions of employment, in contrast to the pre-transition situation, when employee<br />

representatives and trade unions had more power (Schroeder 2004). The 4-year protection<br />

period from dismissals is circumvented by firing older workers earlier, or by offering them<br />

a cancellation agreement. The prevention of work incapacity of older workers is not seen as<br />

the purview of the firms, and disability pensions are used as solution. In times of high<br />

unemployment and the presence of many young, well-educated candidates, the firms<br />

perceive no need to reorganise their personnel policy. The statement of the personnel<br />

manager of a vehicle manufacturer is exemplary in that respect who said that under such<br />

conditions, the investment of the employer in the recruitment and retention of older,<br />

experienced workers is not needed (Firm PL-14).<br />

My impression is that firms will continue their policy of ´no reaction´ until bridging<br />

pensions, which were legislated as a replacement for early retirement pensions for some<br />

birth cohorts in December 2008, will have also expired 55 , as around that date, the decrease<br />

of the working-age population will begin to show (MPiPS 2008: 34).<br />

Another conclusion from this section is that positive and negative reactions to a certain<br />

reform element can coincide in one and the same firm.<br />

The findings in this section support hypothesis 6 (see section 2.1.) – the personnel<br />

policy of Polish firms is not prepared for the prolongation of working life and will rather<br />

thwart such a development. Personnel policy of Polish firms is deficient in many respects<br />

55 That would be 2023 for women and 2028 for men, as bridging pensions are granted to persons who<br />

remained in the old pension system (i.e. born before 1969) and fulfil the regular conditions for the former<br />

´old-age pensions for work under special conditions´ or ´of special character´.<br />

200

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