Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

Case No 2395 (Poland) - Complaint date: 09-NOV-04 - Closed

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

1. 236. The Committee last examined this case, which concerns several freedom of association violations at the Hydrobudowa-6 SA company (decision to discontinue the deduction of trade union fees of the NSZZ “Solidarno??” trade union in the enterprise and anti-union dismissals of its chairperson and a member of the executive committee in violation of the relevant legislation) and the serious delays in the proceedings concerning the reinstatement of the abovementioned trade union officials, at its March 2007 meeting [see 344th Report, paras 184–191]. On that occasion, the Committee requested the Government: (1) to provide information on the exact grounds justifying the unilateral decision by the enterprise management to terminate check-off facility and to transmit the text of the decision of the Warsaw District Public Prosecutor’s Office concluding to the absence of justification for resumption of the discontinued proceedings pursuant to the present complaint; (2) to keep it informed of the progress of the proceedings instituted by the dismissed trade union leaders, Sylwester Fastyn and Henryk Kwiatkowski, and to transmit the decision of the Appellate Court in the case of the latter; and (3) to give consideration in full consultation with the social partners concerned to the establishment of prompt and impartial procedures, in order to ensure that trade union officials and members have the right to an effective remedy by the competent national tribunals for acts of anti-union discrimination.
2. 237. In a communication dated 18 September 2007, with regard to the re-establishment of the check-off facility at the Hydrobudowa-6 SA company in favour of the NSZZ “Solidarno??” trade union, the Government reiterates the previously provided information and forwards copies of letters of the Regional Prosecutor’s Office dated 18 and 24 February 2005 addressed to the NSZZ “Solidarno??” Enterprise Commission No. 1771 at Hydrobudowa-6 SA and to the NSZZ “Solidarno??” National Commission, respectively, informing that the Public Prosecutor considered that the complaint did not contain any new information, which would have provided grounds to resume the discontinued proceedings.
3. 238. With regard to the claim filed by Sylwester Fastyn examined by the Warszawa Praga-Pó?noc District Court on 28 June 2007, the Government indicates that the case records, together with the appeal of the defendant against the verdict of 21 December 2006, will be submitted to the Warszawa-Praga District Court in Warsaw for appeal. With regard to the proceedings instituted by Henryk Kwiatkowski, the Government refers to the information it had previously provided: while the Warsaw-Praga District Court ordered reinstatement of Mr Kwiatkowski and adjudicated compensation for time off work, in appeal, the Warsaw–Praga District Court reversed the sentence by means of a judgement dated 26 January 2006 and dismissed the case. The Regional Court for Warszawa-Praga in Warsaw, hearing the appeal of the Hydrobudowa-6 SA (defendant) against the verdict of the District Court, shared the position of the employer that the dismissal of Mr Kwiatkowski did not relate to his trade union activities, but to a breach of section 100(1) of the Labour Code (refusal to perform overtime work on two occasions on 12 and 13 February 2002).
4. 239. The Government further indicates that the recommendations and conclusions of the Committee on Freedom of Association regarding this case were discussed by the Tripartite Commission Team for Cooperation with the International Labour Organization on 25 April 2007. In particular, the team discussed the need to establish, in consultation with the social partners, rapid and impartial procedures providing effective protection to members and leaders of workers’ organizations and decided that the case should be handled by an appropriate Tripartite Commission Focus Team (team for the labour code and collective bargaining). Furthermore, the Government indicates that the Ministry of Justice has prepared a number of amendments to the Code of Civil Procedure of 17 November 1964 aimed at simplification and improvement of civil proceedings and ultimately, increasing its effectiveness and reducing the time of hearings in civil cases. Draft laws and regulations will also apply to separate proceedings relating to the Labour Code.
5. 240. Noting that no new information has been provided with regard to recommendations (1) and (2) above, the Committee once again requests the Government to indicate the exact grounds justifying the unilateral termination of the check-off facility at the Hydrobudowa6 SA. Moreover, noting with regret that the proceedings instituted by the dismissed trade union leaders Henryk Kwiatkowski and Sylwester Fastyn in 2002 have still not been concluded and emphasizing once again that justice delayed is justice denied, the Committee firmly trusts that the proceedings concerning Henryk Kwiatkowski and Sylwester Fastyn will be concluded without further delay. It requests the Government to keep it informed of the progress of the proceedings and to transmit the decision of the Appellate Court in the case of Sylwester Fastyn and the decision of the Supreme Court in the case of Henryk Kwiatkowski, who, according to the information previously provided by the Government, appealed the decision of the District Court.
6. 241. The Committee notes with interest the information provided by the Government with regard to the issues discussed under the auspices of the Tripartite Commission and the draft amendments to the Code of Civil Procedure. The Committee requests the Government to transmit the relevant draft amendments to the Committee of Experts on the Application of Conventions and Recommendations. The Committee further requests the Government to keep it informed of the outcome of the discussions on developing rapid and impartial procedures providing effective protection to trade union members and leaders by the team for the labour code and collective bargaining.