Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

The Committee has taken note with interest of the information supplied by the Government in its reports, as well as the indications provided to the Conference Committee in 1989 regarding the application of Convention No. 87.

The Committee notes with satisfaction that an Act of 24 May 1989, as amended by Act of 7 December 1989, provides for reinstatement of persons dismissed since August 1980 on account of their political opinions, religion, trade union membership or trade union or self-management activities, and that an Amnesty Act of 29 May 1989 not merely granted amnesty, but expunged all convictions, inter alia, on account of protest actions committed after 31 August 1980.

The Committee has also noted the adoption on 7 April 1989 of the Act on Associations, which guarantees to all citizens, irrespective of their opinions or their religion, equal rights to participation in public life and to expression of their opinions.

The Committee has noted the setting up of a national committee for the revision of labour legislation and of a group of experts to examine the conformity of legislation with international labour standards relating to the protection of human rights. It has also noted indications furnished by the Government to the Committee on the Elimination of Racial Discrimination (document CERD/C/SR.836 of 18 August 1989) regarding the revision of the Constitution, due to be completed by 1991.

The Committee recalls that, in previous comments, it had referred to certain provisions which mentioned ideological and moral attitude or socio-political commitment among the qualifications required for certain employments and permitted the exclusion of a worker or student from his job or studies for offences the determination of which fell outside the normal rules of labour law and disciplinary law.

The Committee expresses the hope that the work now in progress with a view to the revision of the Constitution and legislation will make it possible to give full effect to the Convention, with due regard to a number of questions raised in a direct request which the Committee is addressing to the Government.