The government is preparing new benefits for miners. They will be eligible for leave and severance pay, even from private mines.

The Polish government has prepared a draft amendment to the mining law that could significantly change the situation of thousands of employees working in private mines. If a mine owner declares bankruptcy, workers would gain access to state‑funded protective benefits — including mining leave and substantial severance payments.

This is a response to the growing risk of financial difficulties in parts of the private mining sector and concerns about a sudden surge in unemployment in Silesia and other mining regions.

An end to the divide between “state” and “private” miners?

Until now, the special support system applied only to companies controlled by the State Treasury. Employees of private mines could not benefit from instruments such as:

• mining leave
• leave for coal‑processing workers
• one‑time severance payments financed by the state budget

The amendment aims to change this — but only in the event of a private mine’s bankruptcy.

The government stresses that public money will not be directed to private companies themselves. Support will be provided exclusively to workers.

How will the new mechanism work?

The draft assumes that after the bankruptcy of a private mine, employees could be transferred to a state‑owned mining enterprise covered by the support system.

This state‑owned company would:

• take over employer obligations
• grant access to mining leave
• pay state‑funded protective benefits

According to the authors of the proposal, the solution is intended to mitigate the social impact of mine closures and prevent mass layoffs.

Even unpaid “Barbórka” bonuses will be included

One of the most important changes concerns how benefits will be calculated.

The government wants the wage base to include:

• due but unpaid Barbórka bonuses,
• annual awards,
• jubilee bonuses.

This is particularly important for insolvent private employers who often cannot pay all benefits before bankruptcy.

Union representatives will also benefit

The draft also provides that time spent performing union duties in private mines will count toward the service period required for mining leave and mining retirement.

This means union activists will not lose entitlements simply because they worked in a private company.

The government seeks to avoid conflict with the European Union

The proposal has been prepared very carefully with regard to EU state‑aid rules.

Poland will need to obtain approval from the European Commission for the new measures. The government argues, however, that the support does not constitute aid for private companies because:

• funds will go directly to workers,
• the bankrupt company will still be required to pay its own statutory severance,
• the state will not finance the operations of private mines.