Effect given to the recommendations of the committee and the Governing Body - Report No 321, June 2000

Case No 1972 (Poland) - Complaint date: 19-MAY-98 - Closed

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

1. 71. At its June 1999 meeting, the Committee examined this case which concerned three sets of allegations by three different trade unions [see 316th Report, paras. 681-709].
2. 72. Firstly, as regards the complaint made by the All Poland Trade Union Alliance (OPZZ), the Committee requested the Government to ensure that measures be taken to promote consultation and cooperation between the public authorities and the social partners before legislation affecting their interests is adopted; the Committee also encouraged the Government and OPZZ to negotiate an agreement for the settlement of collective disputes. Secondly, concerning the complaint made by the Warsaw Trade Union of Self-Government Employees (WZZPS), the Committee asked the Government to send it a copy of the judgement concerning the dismissal of Mrs. Sikorka-Mrozek, Chairperson of the Board of WZPPS, and to obtain her reinstatement if that dismissal was found to be related to the exercise of legitimate trade union activities; the Committee further requested the Government to confirm that WZZPS could perform its legitimate activities in appropriate premises. Thirdly, with respect to the complaint made by the trade union "Sprawiedliwosc", the Committee asked to be kept informed of the outcome of the appeal lodged by Mr. Marek Grabowski, Chairman of Sprawiedliwosc, against his dismissal and to ensure that he be reinstated if it was proven to be discriminatory; the Committee further asked the Government to indicate whether Sprawiedliwosc was able to perform its trade union activities normally.
3. 73. The Government provided the information requested in communications of 23 February and 9 May 2000.
4. 74. As regards the issues raised by Sprawiedliwosc, the Government states firstly that, on 7 April 1999, the Labour Division of the Regional Court reversed the verdict of the Court of First Instance (which had ordered the reinstatement of Mr. Grabowski in his functions) and returned the case to the lower court for further examination in accordance with the recommendations of the appellate body. The Government further submits that Sprawiedliwosc was allowed to carry out its normal activities and that the two allegations raised by Mr. Grabowski in this respect are unfounded: the latter had requested his employer (GP KPRM) to use the company mobile phone to communicate with members of the trade union, which the employer refused as going beyond its responsibilities, as defined in article 33 of the Law of 23 May 1991 on Trade Unions; furthermore, there was an ample network of stationary phone lines in the facility, which he could use to communicate with union members. In addition, Mr. Grabowski was never instructed that he could not enter the employer's premises; the trade union management was informed in a letter of 14 July 1998 that they could access the premises, which access was actually given on 1 November 1998, but the union has not used it to date.
5. 75. The Committee takes note of this information. It requests the Government to provide it with the final court decision concerning the dismissal of Mr. Grabowski as soon as it is issued, and concludes that the other aspects of this particular complaint do not call for further examination.
6. 76. Concerning the WZZPS' allegations, the Government provided the text of the final judgement issued by the Regional Court regarding the dismissal of Mrs. Sikorska-Mrozek, confirming the decision of the Court of First Instance that she had been dismissed not because of her trade union activities, but due to her inadequate performance. The Government also confirms that premises have been made available to WZZPS in a building situated in the Zoliborz District (the seat of WZZPS, under their own statutes), so that they may carry out their trade union activities.
7. 77. The Committee takes note of this information. Recalling the importance it attaches to the principle that complaints of anti-union discrimination should be examined in the framework of national procedures which are prompt, impartial and considered as such by the parties concerned [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, para. 738], the Committee concludes that these conditions appear to have been met in the circumstances. The Committee further notes on the basis of the information provided that appropriate premises were put at WZZPS' disposal for their trade union activities.
8. 78. As regards the allegations of OPZZ, the Government welcomes the Committee's recognition that the principle of consultation seems to be respected in the vast majority of cases. It stresses that the practice of consultation on draft legislation is well established and that deviations from this practice are rare and isolated. Nevertheless, all Ministers and Directors of central government agencies have been reminded, through a circular letter, of the requirement to consult with social partners; the Government will spare no effort in this respect. Concerning the alleged failure to agree with OPZZ on a procedure for the settlement of disputes, the Government submits that the fact that such a procedure has been established with Solidarnosc and not with OPZZ should not be interpreted as a case of unequal treatment between trade unions. In fact, the agreement concluded in 1992 with Solidarnosc, while still formally in force, has outlived its purpose with the establishment in 1994 of the Tripartite Social and Economic Commission, which provides a suitable institutional forum for the settlement of disputes, and to forge consensus on reforms of national importance. The Government regrets that OPZZ has suspended its participation in the work of the Commission. With a view to giving the Commission a solid legal foundation, the Government has prepared draft legislation, which is currently in the final stages of consultations between agencies and with social partners. Since that draft legislation provides that the Commission will be a forum for consultations and negotiation of social issues with social partners, no purpose would be served by negotiating a bilateral agreement with OPZZ.
9. 79. The Committee notes with interest that all Ministries and government agencies have been reminded of the need to consult with social partners on draft legislation, and hopes that this directive will be fully applied in the future. As regards the arrangements for the settlement of collective disputes, the Committee notes that a new legislation, extending the mandate of the National Tripartite Commission, is currently being drafted, hopefully through consultation with all social partners, including OPZZ. The Committee requests the Government to provide it with the text of the Act as soon as it is adopted.