Effect given to the recommendations of the committee and the Governing Body - REPORT_NO308, November 1997

CASE_NUMBER 1785 (Poland) - COMPLAINT_DATE: 15-JUN-94 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 68. In its 305th Report approved by the Governing Body in November 1996, the Committee once again requested the Government to keep it informed of any progress concerning the restitution of trade union properties confiscated during the period of martial law on an equal footing between the two trade union confederations (see paras. 57-59).
2. 69. In a communication dated 28 May 1997, the Government states that after the adoption of the Act of 10 May 1996 amending the Act concerning restitution of assets, the Social Commission for Revindication took decisions, imposing upon the State Treasury an obligation of cash payment or compensation in other (non-cash) forms determined by the law, in favour of various organizational units of NSZZ "Solidarno c". The trade union organizations filed motions concerning the revision of previous decisions of the Commission. The full realization of compensation in non-cash forms would only be possible after the Council of Ministers had issued an appropriate executory regulation but the finalization of the works on the Council of Ministers' regulation would occur after the Sejm had amended article 3.2, paragraph 1, of the Revindication Act as amended by the Act of 10 May 1996 in order to determine non-cash forms of compensation which would be governed by the mentioned regulation. Such an amendment was necessary, becau
   • se the forms of compensation, laid down by the Act, did not prove feasible.
3. 70. Article 45 of the Trade Union Act, in its wording formulated by article 6 of the above-mentioned Act of 10 May 1996, imposed upon the Minister of Labour and Social Policy an obligation of issuing (after consultation with NSZZ "Solidarno c" and OPZZ), a regulation drawing up lists of real assets (with equipment) of the former trade union association which would become the sole property of NSZZ "Solidarno c" or OPZZ. On 7 March 1997, the Labour Minister created the Inventory Commission composed of two representatives of each: NSZZ "Solidarno c", OPZZ, the Labour Minister, plus a secretary of the Commission. The Inventory Commission was to complete its work by the end of May 1997. At the same time, parliamentary work was in its final stage (the adopted Act had been submitted to the Senate) on the amendment of the Trade Union Act (of 23 May 1991) and some other Acts necessary for effective distribution by the Labour Minister of assets of the former trade union association and transfer of ownership to beneficiaries of such distribution.
4. 71. The Committee takes note of this information. It once again requests the Government to comply with its previous recommendation at an early date concerning the final and equitable redistribution of trade union assets between the two trade union confederations and to keep it informed in this regard.