Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) and of the Independent and Self-Governing Trade Union (NSZZ) “Solidarność”, received on 1 September 2022, as well as the observations of the All-Poland Alliance of Trade Unions (OPZZ), transmitted with the Government’s report, referring to the issues examined by the Committee below. The Committee takes note of the Government’s reply to the observations received and requests it to provide its comments in relation to the ITUC’s alleged violations of unions’ rights in organizing strike referendums and social elections.

Articles 2 and 9 of the Convention. Right of workers, without distinction whatsoever, to establish and join trade unions. In its previous comments, the Committee had noted the allegations made by the NSZZ “Solidarność” that the Act on Universal Defense prohibited soldiers of the territorial defense forces, who were at the same time private sector employees, to establish and join trade unions in the private sector. In this respect, the Committee notes the information provided by the Government that the Act in question was repealed and replaced by the Act of 11 March 2022 on the Defense of the Homeland. In particular, the Committee takes due note that pursuant to section 328(5) of the Act, soldiers who are not professional soldiers are prohibited to establish and join trade unions, or take part in the activities of trade unions of which they were members at the time of their appointment to service, and that pursuant to section 328(6), this prohibition does not apply to soldiers of territorial defense serving on a rotational basis, except where trade union activities are related to the performance of their military service.

Article 3.Right of organizations to elect their representatives in full freedom, to organize their activities, and to formulate their programmes.Civil service. The Committee had previously referred to the need to amend section 78(6) of the Act on Civil Service, which prohibits members of the civil service occupying senior positions to exercise trade union functions. In this respect, the Committee notes the Government’s expressed intention to address this issue in consultation with the social partners on the occasion of the amendment of the Act. The Committee had also requested the Government to amend section 78(3) of the same Act, which forbids civil servants to participate in strikes or actions of protest interfering with the normal functioning of the office, and trusted that the Government would consider establishing a procedure for determining which public servants enumerated in section 19(3) of the Law on Collective Labour Disputes and in section 2 of the Act on the Civil Service were exercising authority in the name of the State and for whom the right to strike could therefore be restricted. Recalling that it had previously welcomed the Government’s indication that a draft law dealing with the right of public employees to strike was submitted to the Council of Ministers, the Committee notes with regret the Government’s indication that at present, there are no legislative initiatives to amend section 78(3) of the Act on Civil Service. Recalling that for a number of years it has been commenting on the discrepancies between section 78(3) and (6) of the Act on Civil Service Act and the Convention, the Committee urges the Government to take all necessary steps to expedite the process of amendment of this Act, so as to ensure that civil servants may exercise their trade union functions at all levels and that the right to strike is granted to all public servants, with the possible exception of public servants exercising authority in the name of the State. It requests the Government to provide information on all progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.