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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Poland (Ratification: 1957)

The Committee notes the Government's report, the coming into force of the Acts of 23 May 1991 concerning trade unions, employers' organisations and the settlement of collective labour disputes, as well as the comments of NSZZ "Solidarity" on the effect given in practice to the Convention.

1. In particular, the Committee notes with satisfaction that section 30(6) of the new Act concerning trade unions no longer empowers the employer, to make a unilateral decision concerning the conclusion or modification of a works collective agreement in the event that the trade union organisations have not reached an agreed position.

2. Article 1 of the Convention. The Committee notes the comments of NSZZ "Solidarity" to the effect that the only sanction for acts of anti-union discrimination and interference in trade union activities set out in the Act of 23 May 1991, consisting of a fine of up to 50,000 zlotys (section 35), is not of a sufficiently effective and dissuasive nature to guarantee the adequate protection provided for in the Convention. It requests the Government to respond to these comments.

In view of the fact that the Government has not yet had the time to respond to the comments of the NSZZ "Solidarity", the Committee will deal with these specific questions at its next Session, when it has received the Government's comments.

3. The Committee is also making a direct request concerning the Acts of 23 May 1991 concerning trade unions and the settlement of collective labour disputes.