Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the Government's report and the reply, including the statistical data in the annual reports (1994 and 1995) of the Commissioner for Civil Rights Protection, to its previous comments concerning the functions of the Ministry for Family and Women's Affairs, and vocational training and the placement of handicapped workers.

1. With reference to its previous comments, the Committee notes that the draft amendments to the Constitution have not yet been finalized and could undergo substantial changes. It asks the Government to keep it informed of any developments in this respect but wishes already to note that the draft of new section 22 determining the grounds for proscribed discrimination is in keeping with Article 1, paragraph 1(a), of the Convention. The Committee therefore hopes that this text will be adopted.

2. The Committee notes that the amendments to the Labour Code, referred to in previous comments, were adopted on 23 November 1995 and were due to enter into force in the second half of 1996. Noting that the Government had indicated that the amendments were to extend the two days' parental leave per year already granted to women taking care of a child under 14, to men, it being understood that the entitlement is granted to only one of the parents when both are workers, the Committee asks the Government to provide a copy of the relevant provision on parental leave in the Code, as amended.

3. Further to its previous comments on dismissals of pregnant women and women on parental leave, as a result of the reorganization of the labour market, referred to in the 1994 annual report of the Commissioner for Civil Rights Protection, the Committee notes the statistical information from the 1993 inspection report. Noting, as does the Government, that the number of cases involving breach of the law on the protection of the employment relationship of such women is insignificant (1 per cent of the complaints, according to the inspection report), the Committee would nevertheless encourage the Government to be more vigilant in preventing the spread of such a phenomenon on pretext of economic grounds. It would suggest, in particular, the creation of rapid procedures for recording cases and for resolving them, and asks the Government to provide information on the results of any measures adopted to this end.

4. The Committee notes with interest, in connection with Article 3(a) and (e), that in order to counteract discriminatory practices observed in recruitment arising from the fact that establishments have full freedom in recruitment, labour offices now have certain obligations including appropriate efforts in the presentation of job offers. The Committee also notes that labour offices have been called on to apply the principle of non-discrimination to jobseekers with respect to access to vacant posts and training. It asks the Government to give, in its next report, more precise details on the guidance given to this end and to supply a copy of any relevant texts.

5. In its earlier comments on cases of direct and indirect discrimination in employment in the public sector on the basis of political opinion, which had given rise to decisions by the High Administrative Court, the Committee recalled that under Article 3(d) of the Convention, the Government must pursue the national policy of promoting equality in respect of "employment under the direct control of a national authority", and asked the Government to indicate how it applied this policy in respect of employment under its control particularly in the light of the decisions of the High Administrative Court. The Committee notes with interest the information supplied by the Government on the adoption of the Act of 2 December 1994 amending Act No. 136 on Civil Servants, which eliminates "civic behaviour" from the criteria for recruitment into the civil service. Moreover, the Government indicates that it is preparing texts to implement this Act, as well as a draft amendment to the Order of the Council of Ministers of 8 December 1982 concerning induction training and job evaluation for civil servants. The Committee would be grateful if the Government would provide a copy of these texts with its next report.

6. The Committee again asks the Government to provide the information it requested previously concerning the practical consequences of the requirement in section 18(2) of the Act of 29 December 1992 on radio and television that the media must respect the public's religious sensitivities and, in particular, the system of "Christian values", under penalty of sanctions the maximum of which is withdrawal of their licence. It asks the Government to specify the sanctions that would apply individually to journalists employed by the media if they violated the above obligation of the law and to indicate how it ensures that journalists with other religious beliefs have the same access to jobs in the media as journalists with Christian beliefs.

7. The Committee notes that, according to the 1995 report of the Commissioner for Civil Rights Protection, representatives of ethnic, religious or linguistic minorities have reported discriminatory treatment. The Government is asked to indicate in its next report whether such unequal treatment affects employment and occupation, within the meaning of the Convention, and to keep the Committee informed of any measures that have been taken or are envisaged to avoid such situations.