Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

Case No 1785 (Poland) - Complaint date: 15-JUN-94 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 143. The Committee last examined this case, which concerns the issues of cash compensations to trade union organizations and assignment of real estate property to NSZZ “Solidarnosc” and the Polish Trade Union Alliance (OPZZ), at its March 2001 meeting. Whilst mindful of the complexity of the case, the Committee recalled that this representation dated back to 1995, expressed the hope that all remaining issues could be settled by October 2001 as the Government had announced, and requested to be kept informed of developments [see 324th Report, paras. 73-77].
2. 144. In a communication of 31 May 2001, the Government states that, as a result of interministerial consultations in September 2000, it turned out that the issuance of treasury bonds in connection with restitution of trade union property had to be dealt with through an act of Parliament rather than in a regulation of the Minister of Finance. The Government introduced a bill on a priority basis, which was adopted on 29 March 2001 and entered into force on 26 May 2001. This Act provides that outstanding and new state treasury liabilities will be paid with zero-coupon treasury bonds, freely tradable on the secondary market. The payments will be made in two stages: within three months of the entry into force of the Act as regards liabilities resulting from the Vindication Commission’s rulings which become final before 31 December 2001; by 30 April 2002 for the others. As of 31 December 2000, the outstanding liabilities amounted to PLN158 million (including accrued interests), which means that most of the treasury liabilities would be satisfied during the first stage, i.e. no later than 26 August 2001. It is estimated that a maximum amount of PLN30 million (including interest) will have to be paid at the second stage, i.e. by 30 April 2002. As of 30 April 2001, 282 claims of restitution of trade union property seized under martial law were under review by the Vindication Commission, which believes that it will be able to close all cases by November 2001.
3. 145. The Government indicates that drafting work is still in progress on the future regulation concerning the legal status of property of the former Trade Unions’ Association and other trade union organizations dissolved under martial law (the sector and so-called “autonomous” trade unions). However, legal, social and political potential complications prevented that work to progress to the extent that consultations with the national commission of Solidarnosc would have been warranted. The Government will do so as soon as the drafting process brings about satisfactory results.
4. 146. The Government adds, as regards two related issues (although not raised by Solidarnosc), that legal proceedings filed by OPZZ in respect of financial compensation allegedly owed by the State, and Solidarnosc’s counter pleadings on the same issue, have now reached the stage of the Constitutional Court. In addition, the Sejm is currently examining a Senate bill on the Employees’ Recreation Fund, which would determine the legal status of that property and set out the rules for its division.
5. 147. The Committee notes this information with interest, and requests the Government and the complainant to confirm that all claims pending before the Vindication Commission have actually been settled. The Committee further requests the Government to keep it informed on developments concerning the status of the Employees’ Recreation Fund, and the future regulation of the legal status of property of the former Trade Unions’ Association and other trade union organizations dissolved under martial law.