Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Poland (Ratification: 1982)

The Committee takes note of the Government’s report as well as the text of the Law on Civil Service of 18 December 1998.

1. The Committee notes from the Government’s report that according to section 69(4) of the Law on Civil Service, civil servants are not allowed to perform functions within trade unions. The Committee requests the Government to clarify in its next report the manner in which public employees in the civil service corps who do not have policy-making, managerial or confidential functions (Article 1(2) of the Convention) are guaranteed the right to establish and join organizations for the purpose of furthering and defending their interests and, in particular, to indicate whether section 69(4) of the Law on Civil Service prevents public employees from running for office in their organizations and in this case, to specify which category of public employees may perform functions in the organizations in question.

2. The Committee requests the Government to indicate in its next report: (a) the provisions which would afford to public employees and their organizations protection against acts of discrimination or interference in accordance with Articles 4 and 5 of the Convention; (b) the facilities granted to representatives of recognized public employees’ organizations in accordance with Article 6; (c) the measures taken or contemplated to encourage the development of machinery for negotiation of terms and conditions of employment between the public authorities and public employees’ organizations or of such other methods as will allow representatives of public employees to participate in the determination of these matters in accordance with Article 7; (d) whether impartial machinery such as mediation, conciliation and arbitration has been established for the settlement of disputes arising in connection with the determination of terms and conditions of employment of public employees (Article 8).

The Committee trusts that the Government will provide full information on the above questions.