Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University

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.
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