Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information supplied by the Government in its report.

1. Articles 2 and 3 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. With reference to its previous comments and the comments of the "Solidarnosc" trade union, the Committee noted that the Government had given assurances that a Bill was being examined to amend the Trade Union Act of 23 May 1991 which imposed restrictions on the right to organize of officials holding senior posts (sections 40 and 42), so as to ensure that this category of public servants had the right to form and join organizations for the defence of their interests. In this regard, the Committee notes with satisfaction the Act of 21 May 1997 on the amendment of the Act concerning the Supreme Chamber of Control and on the change of the Trade Union Act which provides, in its article 1, that article 86 of the Act of 23 December 1994 on the Supreme Chamber of Control now reads as follows: "1. Employees of the Supreme Chamber of Control, with the exception of the president, deputy presidents, director-general, directors and deputy directors of organizational units and advisers to the President, have the right to associate in trade unions;" and that "2. Employees who supervise or perform control functions may become members of a trade union associating exclusively with employees of the Supreme Chamber of Control. In the Supreme Chamber of Control only trade unions may function with associates employees, referred to in the previous sentence."

In addition, the Committee notes the Government's statement according to which legislative work is being carried out in order to draft a new Act concerning the civil service, which would not provide for the prohibition of the trade union membership of civil servants (even at higher levels). The Committee requests the Government to send it a copy of the new Act as soon as it is adopted.

2. Trade unions' assets. Referring to the need to amend the Act of 25 October 1990, entered into force in August 1996, concerning the restitution of trade union assets, the Committee notes the Government's statement that the Minister of Labour and Social Policy prepared and submitted on 29 June 1998, for interministerial consultations, the necessary draft amendments of the Act and that this draft text should be examined by the Council of Ministers in autumn 1998. The Committee expresses the hope that these issues will be resolved in the near future so that the trade unions may exercise their activities effectively, in full independence and on an equal footing. In addition, the Committee requests the Government to send it a copy of the relevant text when it is adopted.

3. Articles 3, 5 and 6 of the Convention. Representativeness of trade union organizations. Referring to its previous comments with regard to the need to amend the provisions of trade union legislation on the representative nature of trade union organizations, the Committee notes the Government's information that the criteria of representativeness will be predetermined and impartial. The Committee asks the Government to keep it informed in its next reports of any developments in this field.