Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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. Article 3 of the Convention. The Committee recalls that its previous comments concerned various prohibitions imposed upon civil service employees and civil servants by the Civil Service Act, namely: article 69(2), prohibition on manifesting publicly political beliefs; article 69(3), prohibition on participating in strikes or actions of protest; article 69(4), prohibitions on performing functions within trade unions.

(a)  The Committee notes with interest that the Government states that it will take measures to repeal article 69(4); it requests the Government to keep it informed of developments in this respect and to provide it with the amended text as soon as it is adopted.

(b)  The Committee notes the Government’s explanations regarding the restrictions on the right to strike (article 69(3)). The Committee recalls that, when the legislation deprives public servants who exercise authority in the name of the State or workers in essential services of the right to strike, such workers lose an essential means of defending their interests and thus should be afforded appropriate guarantees to compensate for this restriction. The Committee requests the Government to provide in its next report information on the compensatory procedures available to those employees whose right to strike, under the Convention, may be restricted or prohibited.

(c)  While noting the Government’s explanations regarding the prohibition on expression of political opinions, the Committee recalls that trade union activities cannot be restricted solely to occupational matters, since a government’s choice of a general policy may have an impact on workers in both the private and public sectors, and that public servants in the exercise of their trade union activities should be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy. The Committee requests the Government to amend article 69(2) with a view to bringing the legislation into conformity with the Convention, and to provide information in its next report on progress in this respect.

2. Trade union assets. The Committee notes that, on 12 January 1999, the Council of Ministers issued an ordinance laying down the principles for discharging the state liabilities, resulting from the decisions of the Social Revendication Commission. Provisions were made in this respect in the 1999 and 2000 budgets, but due to budgetary difficulties, non-cash liabilities resulting from decisions of the Commission up to 31 December 2001 have been discharged with treasury bonds, and liabilities in respect of decisions made after 31 December 2001 are currently discharged in cash by the Voivods. According to the Government, there are only nine proceedings pending before the Supreme Administrative Court against decisions of the Commission. The Committee, once again, expresses the hope that these issues will be resolved in the very near future and requests the Government to keep it informed of further developments in this matter, including judicial decisions that may be issued thereon.

3. Articles 3, 5 and 6. Representativeness of trade unions. The Committee notes the adoption, on 9 November 2000, of the Act amending the Labour Code; it notes the disjunctive nature of the representativeness criteria at both national and enterprise level, as well as the subsidiary criterion whereby organizations regrouping the largest number of workers are recognized as representative for collective bargaining purposes. The Committee also notes the adoption, on 6 July 2001, of the Act on the Tripartite Commission for socio-economic issues and Voivodship social dialogue commissions, which establishes representativeness criteria for social dialogue at the national level. The Committee requests the Government to inform it in its next report of the operation of these Acts in practice.

4. The Committee takes notes of article 48 of the Act of 24 July 1999, which provides that customs officers may associate in trade unions.

5. The Committee notes the Government’s statement, in reply to earlier comments of the Trade Union of Medical Analysts and Technicians and the National Trade Union of Nurses and Midwives, that no legal provisions impose upon employees of the public health-care system the obligation to change conditions of employment from full-time employment into a civil law relationship.