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

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

The Committee notes the information supplied in the Government's report in reply to its previous comments.

1. The Committee notes with satisfaction the elimination of political criteria as a basis for the appointment or removal of judges, pursuant to the amendement of the Act of 20 June 1985 respecting the system of courts by Act No. 138 of 14 March 1990; the amendment of the Act of 20 September 1984 respecting the Supreme Court by Act No. 153 of 2 May 1990; and the adoption of Act No. 435 of 20 December 1989 respecting the National Judiciary Council. The Committee also notes with satisfaction that section 13 of Act No. 435 sets out a period of time for the nomination of judges who had previously been deprived of their positions on account of political opinion or activity and who met the necessary qualifications.

2. The Committee also notes with satisfaction the adoption of the Act of 9 March 1990 to amend the Act on State Enterprises (No. 122) which establishes fundamental changes in the principles governing selection of candidates for director's posts including the elimination of the political character of competition committees.

3. The Committee notes that work continues on the elaboration of new labour legislation. The Committee recalls that, in previous reports, the Government had referred to the setting up of a national committee for the revision of labour legislation and of a group of experts to examine the conformity of the legislation with international labour standards relating to the protection of human rights. It also recalls the indications given by the Government regarding the revision of the Constitution, due to be completed in 1991.

The Committee would be grateful if the Government would continue to provide information on the work of the above-mentioned Committees and on the progress concerning the elaboration of the new Constitution and new labour legislation. It continues to hope that the Constitution and labour legislation, when adopted, will give full effect to the provisions of the Convention.

4. The Committee notes the activities undertaken by the Office of the Commissioner for Civil Rights Protection, established in 1987, particularly in its protection of the principle of equality in terms and conditions of work and its protection of women's right to employment and equality. It notes that in the area of labour law and social services the Commission assists workers by instituting individual and collective proceedings and lodging, when necessary, motions to the Constitutional Tribunal and the Supreme Court. The Committee requests the Government to continue to provide information on these activities including copies of the detailed annual reports prepared by the Commissioner for Civil Rights Protection.

5. The Committee notes with interest the adoption of Resolution No. 53/90 of the Council of Ministers dated 2 April 1991 respecting appointment of the Government Plenipotentiary for Women and Family Affairs whose main tasks, among many, are to initiate and coordinate activities aimed at women's equality in all spheres of life. It would be grateful if the Government would supply information on the scope and nature of activities carried out by the Plenipotentiary and the results achieved.

6. The Committee is also addressing a request directly to the Government on other points.