Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

1. With reference to its previous direct request, and further to its observation, the Committee notes the work in progress on the elaboration of the new Constitution and labour legislation. It also notes the adoption of numerous legislative texts mentioned in the reports of the Government. It again requests the Government to continue to provide information on the national policy pursued, in the framework of the institutional and political changes taking place in Poland, to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.

2. Further to its previous direct request, the Committee again requests the Government to indicate the legislative texts which have repealed or amended the previously referred to provisions contained in Acts Nos. 273 of 18 December 1982, 176 of 21 July 1983 and 167 of 25 July 1985 and in regulations of 1982 concerning appraisal of personnel of state institutions, relating to the dismissal of workers from employment, restrictions on access to new employment and on the suspension and exclusion of students, the suspension and dismissal of teachers and the termination of duties of persons exercising responsibilities in establishments of higher education.

3. The Committee notes that work is under way to revise Act No. 214 of 16 September 1982 on workers of state administrative organs. It hopes its previous comments will be taken into consideration in the revision and asks the Government to supply a copy of the text upon its adoption. The Committee recalls that it had previously asked the Government to indicate measures taken to ensure that the political opinions of workers are not taken into account in connection with employment and the appraisal of skills in the public service under section 13 of the Order of the Council of Ministers of 8 November 1982 on the administrative application and skills appraisal of public employees. The Committee again requests the Government to provide the above information.

4. The Committee notes the information supplied in reply to its request concerning the criteria and procedures for the selection of personnel for supervisory and management functions in public administration and requests the Government to continue to supply information on any relevant changes concerning these matters.

5. The Committee notes that Part 3, section 8, of the Act on Employment, dated 29 December 1989, imposes the duty upon employment services to provide assistance to all jobseekers regardless of nationality, membership of political or social organisations, sex, religion, or any other such considerations. It requests the Government to provide information on the measures taken to ensure that discrimination does not exist on any of the grounds set out in Article 1, paragraph 1(a), of the Convention, including national extraction, race and colour, in the placing of persons in employment and vocational training and to indicate the measures taken in the placement services to promote equality on all of these grounds in accordance with the provisions of the Convention.

6. The Committee notes with interest the adoption of the Act of 9 May 1991 on Employment and Vocational Rehabilitation of the Disabled as well as Part 5 of the Act on employment, dated 29 December 1989, concerning the promotion of occupational activities for the disabled. It requests the Government to supply information on the progress made in the application of these provisions and the results achieved in terms of implementing programmes for training and placing of disabled persons.

7. The Committee notes that no information was received in reply to its previous requests asking for comprehensive information on the measures taken to promote equality of opportunity and treatment in the fields covered by the Convention. It once again asks the Government to supply full particulars on the action taken and results achieved with regard to:

(a) access to training;

(b) access to employment and to different occupations;

(c) conditions of employment.

The Committee would appreciate such information more particularly with regard to the relative position of men and women and with regard to the various groups of Polish citizens of non-Polish origin (to which the Government referred in its statements to the Committee on the Elimination of Racial Discrimination).

In this context, please indicate the steps taken to promote equality of opportunity and treatment:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and educational programmes;

(c) through collaboration with employers' and workers' organisations and other non-governmental bodies.