Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Poland (Ratification: 1957)

The Committee notes the Government's report and its reply to the comments of the NSZZ "Solidarnosc" on the application of the Convention, which referred in particular to the restitution of the assets of the former Central Council of Trade Unions (CRZZ).

The Committee notes that the NSZZ "Solidarnosc" referred to the inadequacy of the provisions of the Act of 25 October 1990 on the restitution of property and assets expropriated from trade unions and social organizations as a result of the introduction of martial law on 13 December 1981, and of section 45 of the Trade Union Act of 23 May 1991 which provides that the inter-union organization and the national trade union representative for workers of the majority of enterprises shall determine before 30 September 1991, by agreement, the principles of utilization and distribution of the assets of the Central Council of Trade Unions and that, in the absence of an inter-union agreement, these principles are to be established by Order of the Council of Ministers. The NSZZ "Solidarnosc" considered that the implementation of these provisions was ineffective and that the All-Poland Trade Union Alliance (OPZZ) had engaged in obstructive conduct to prevent the return of the assets it had acquired following the re-establishment of trade union monopoly in 1982 and which belonged to the NSZZ "Solidarnosc", constituted in 1980, and to the CRZZ.

With regard to the implementation of the Act of 25 October 1990, the Government explains that, under this Act, a Social Revindication Committee supervised by the Administrative High Court was set up to institute legal proceedings concerning the restitution of the trade union assets. It adds that, owing to material difficulties (a lack of documentation and information, the number of applications for restitution) and legal difficulties (the Constitutional Tribunal found that certain provisions of the Act of 25 October 1990 were incompatible with the Constitution) the aforementioned Committee has fallen behind with its work.

With regard to the redistribution of the assets of the former Central Council of Trade Unions, which were transferred to the OPZZ in 1982, the Government indicates that the national inter-union organization and the national trade union representative for workers of the majority of enterprises did not reach an agreement as to the principles of utilization and distribution of the assets of the CRZZ in accordance with section 45 of the Trade Union Act of 23 May 1991. Although, as a result, the Council of Ministers became authorized under section 45 to issue an Order establishing such principles, the Government preferred such decisions to be based on an agreement between the unions concerned. Accordingly, since February 1992 meetings of representatives of national trade unions have taken place at the Ministry of Labour. However, joint activities have been interrupted due to difficulties in determining membership of various trade unions, which is necessary for deciding on the proportions of the assets to be distributed. The Government adds that, in any event, the Ministry will endeavour to ensure that a draft of the Order provided for in section 45 of the Trade Union Act of 23 May 1991 is prepared within a reasonable period. The Government indicates in conclusion that the legal regulations were prepared with the participation of the NSZZ "Solidarnosc" and that excessive demands by one organization could lead to justified criticism on the part of the other trade unions concerned.

The Committee takes note of this information. It considers that it would be desirable for the Government and all the trade union organizations concerned to pursue efforts to find a solution, at the earliest possible date, to settle the distribution of the assets referred to in the Act of 25 October 1990 and section 45 of the Trade Union Act of 23 May 1990 in such a way as to ensure that all the trade unions, on an equal footing, are able effectively to exercise their activities in full freedom. It therefore asks the Government to provide information on any progress made in this respect in its future reports.

The question of sanctions against violations of trade union rights will be dealt with in the context of the application of Convention No. 98.