Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee takes note of the information provided by the Government in its report.

The Committee further notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2005 and 10 August 2006 alleging, among other issues, the denial of trade union rights to civil servants and limitations to the right to strike. The Committee notes the recent communication of the Government which replies to the ICFTU’s comments. The Committee will examine the ICFTU’s comments and the Government’s reply at its next session.

Article 3 of the Convention. The Committee recalls that its previous comments concerned the following prohibitions imposed upon civil service employees and civil servants by the Law on Civil Service (1998): section 69(3), prohibition on participating in strikes or protest actions and section 69(4), prohibition on performing functions within trade unions.

The Committee notes the Government’s statement that, on 22 July 2006, a new Law on Civil Service was adopted and that section 49(3) and (6) prohibits members of the civil service to participate in a strike or protest disrupting normal functioning of the office, as well as to fulfil trade union functions. These provisions are equivalent to the previous provisions contained in section 69(3) and (4) of the Law of 1998. Moreover, the Government indicates that, on 3 August 2006, the Senate of the Republic of Poland passed a resolution concerning the Law on Civil Service of 2006. This resolution seeks to amend new section 49(6) so as to provide that civil service officials may not fulfil trade union functions at the level higher than enterprise or inter-enterprise. The lower chamber of the Parliament will now decide whether to introduce the above amendment. The Committee recalls that the guarantees contained in the Convention apply to workers in the public services, including the right to perform trade union functions at all levels. The Committee therefore requests the Government to take the necessary measures so as to amend new section 49(3) of the Law on Civil Service so as to ensure that public servants may exercise their trade union functions at all levels and to keep it informed in this respect.

As concerns the right to strike, the Committee considers that any prohibition of the right to strike in the public services should be limited to public servants exercising authority in the name of the State. The Committee recalls, however, that such workers lose an essential means of defending their interests and thus should be afforded appropriate guarantees to compensate for this restriction, for example, conciliation and mediation procedures, leading, in the event of deadlock, to arbitration machinery acceptable to the parties concerned. It is essential that the workers be able to participate in determining and implementing the procedure, which should furthermore provide sufficient guarantees of impartiality and rapidity; arbitration awards should be binding on both parties and, once issued, should be implemented rapidly and completely (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 164). Therefore, the Committee requests the Government to take the necessary measures to amend the Law on Civil Service so as to ensure that prohibition of the right to strike is limited only to public servants exercising authority in the name of the State and to keep it informed in this respect. It furthermore requests the Government to provide in its next report information on the compensatory guarantees available to the civil service corps employees whose right to strike under the Convention may be restricted.

Trade union assets. The Committee regrets that the Government provided no information as to the proceedings before the Social Revendication Commission and the administrative courts concerning trade union assets. The Committee once again requests the Government to keep it informed of further developments in this regard.