Discontent growing among fire fighters with government plans

At the end of 2010 the Polish government introduced changes in the law that were expected to resolve problems regarding overtime and working hours of fire fighters. The problem arose after Polish accession to the EU in 2004 when working time standards were introduced. But trade unions are not satisfied and have been considering a class action lawsuit against the government, as the changes cover only a fraction of unpaid overtime hours and threaten to increase working hours.

Background

Before the Polish accession to the European Union in 2004, fire fighters did not have working time standards. Since 2005 they have had a 40-hour working week, with a possible extension to 48 hours or more in emergency situations, such as floods, forest fires and hurricanes.

According to calculations from the Ministry of the Interior and Administration (MSWiA), there are about 4,000 fewer fire fighters than needed in Poland. Every day around 4,600 professional fire-fighters are on duty, but the national headquarters of the State Fire Service (PSP) wants to increase this number to about 5,100. To achieve this, MSWiA would have to create about 3,500 additional full-time fire-fighters’ jobs if it does not want to pay for overtime.

The unions’ calculations show that 30,000 Polish fire-fighters have worked 10,000,000 hours of overtime since 2005. In compensation they should receive about 45,000 months’ time off.

Amendments to the State Fire Service Act and introduction of compensation for overtime

At the end of November 2010, amendments (in Polish, 106Kb PDF) to the State Fire Service Act were passed. They created a legal basis for extra payments for overtime. However, the amendments apply only to fire fighters employed by PSP whose working time was extended to 48 hours per week, from 1 July–31 December 2010, and who were not granted time off in lieu of extra hours worked. They will be paid compensation by the end of March 2011 or they can choose time-off instead. In 2011 fire-fighters can receive PLN 13.76 (€3.5 as of 18 May 2011) per hour of overtime. The government has planned to allocate additional funds for compensation in its 2011 Budget, worth PLN 100 million (€25 million).

The new principle of overtime pay assumes that fire fighters will be paid for working no longer than 48 hours a week. All overtime above that level will be compensated by time off.

The amendments to the Fire Service Act implied other changes in the related issue of working hours. Paid leave of 18 days, given due to the onerous conditions of service and extended working hours, was shortened to 13 days.

Changes in the law are coupled with simultaneous plans to increase the working hours of fire fighters. MSWiA has prepared a draft of changes that proposes overtime:

• whenever it is necessary for fire fighters to complete tasks they have already started;

• in case there are not enough fire fighters on duty and more are needed

• extending so-called household duty (a fire fighter is obliged to stay at home and be ready to go to the station without delay, if called) from 48 hours to 72 hours a month.

The trade union reaction

At the beginning of 2011, one could observe growing discontent among fire fighters’ unions, especially the Fire Fighters Trade Union (ZZS Florian) and the National Fire Service Section of NSZZ Solidarność. The unions point out that the amendments to the State Fire Service Act do not solve the problems of the previous five years and they are demanding time off or monetary compensation for overtime carried out in the period from 2005 to 2010. Unions are considering a class action lawsuit against the government.

The discontent of union members and fire fighters is mainly caused by the unpaid overtime over previous years, but trade unions also criticise the plans for changes in working hours. In their opinion, fire fighters will not be able to take days off for worked overtime and as a result, the amount of overtime worked will keep accumulating.

Commentary

The new law is consistent with the objectives of the government, however the proposed changes have not satisfied trade unions or halted the growing discontent among fire fighters. For them the next step will be bringing a class action against the government and only compensation for all overtime hours worked since 2005 will fully please them.

Marta Trawinska, Institute of Public Affairs