Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the National Commission of the Independent and Self-Governing Trade Union “Solidarność” (NSZZ “Solidarność”) received on 1 September 2025, referring to the issues examined by the Committee below, and the Government’s reply thereto. The Committee also notes the Government’s reply to the 2022 observations of the International Trade Union Confederation (ITUC) alleging violations of unions’ rights in organizing strike referendums. Observing the Government’s acknowledgement of the concerns raised and its indication that proposals to address them will be considered if the legislative review of the Act on Resolving Collective Labour Disputes resumes, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to resolve this issue and to provide information on the steps taken in this regard.

Article 3 of the Convention. Right of organizations to elect their representatives in full freedom, to organize their activities, and to formulate their programmes. Civil service. In its previous comment, the Committee urged the Government to take all necessary steps to expedite the amendment process of the Act on Civil Service, in particular section 78(6), which prohibits members of the civil service occupying senior positions to exercise trade union functions, and section 78(3), which forbids civil servants to participate in strikes or actions of protest interfering with the normal functioning of the office. It also trusted that a procedure would be established to determine which public servants were exercising authority in the name of the State, for whom the right to strike could be restricted (section 19(3) of the Act on Resolving Collective Labour Disputes and section 2 of the Act on the Civil Service). The Committee notes that the Government’s indication that an amendment to section 78(6) is currently being prepared, in line with the Committee’s comments, to repeal the prohibition for senior civil servants to hold trade union office. The Committee notes, however, with regret the Government’s indication that currently, there is no intention to amend section 78(3) as this provision aims to ensure political neutrality and integrity of civil servants and thus should apply to all members of the civil service. The Government indicates that civil servants may, in principle, participate in peaceful assemblies, taking into account the applicable legal restrictions and potential consequences for violating them, including reputational damage and disciplinary penalties. The Committee further notes the lack of information from the Government on any initiative to establish a procedure for determining which public servants are exercising authority in the name of the State and notes that, according to the NSZZ “Solidarność”, this issue remains unresolved. Recalling that it has been commenting on the need to align section 78(3) and (6) of the Act on Civil Service with the Convention for numerous years, the Committee urges the Government to take the necessary measures to expedite the amendment of these provisions, in consultation with the social partners, 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 those exercising authority in the name of the State, and to indicate whether a procedure has been put in place to determine which public servants exercise such authority.