Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Polonia (Ratificación : 1993)

The Committee notes the observations of the Independent and Self-Governing Trade Union “Solidarność”, received on 1 September 2022, as well as the reply of the Government, received on 2 November 2022.

Article 2 of the Convention. Consultation procedures. In its previous comments, the Committee requested the Government to provide an evaluation of the effectiveness and impact of the Social Dialogue Council (SDC) Act with respect to the matters covered by the Convention. In this regard, the Committee notes the Government’s indication that, pursuant to section 87 of the SDC Act, the members of the SDC evaluated the functioning of the provisions of the Act and submitted recommendations for modifications to the President of the Republic of Poland, which were included in the draft amendment to the SDC Act. In its report, the Government indicates the adoption of the SDC Act of 15 June 2018, amending the SDC Act with a view to increasing the organizational autonomy of the SDC. The Committee observes that some of the amendments introduced are related to the composition of the SDC. In this regard, section 26(3) as amended provides that the workers’ and the employers’ sides of the SDC shall have an equal number of representatives, not more than 25 each; and section 26(4)(a) establishes that where it is not possible to establish an equal number of representatives for each of the organizations whose representatives represent the workers’ or employers’ side in the SDC, each side to the SDC may establish a different number of representatives for each of the organizations whose representatives represent the workers’ or employers’ sides in the SDC, the difference being not more than one.

The Committee further notes that the Government indicates that the methods of appointment of members of different teams within the SDC, including the Team for International Affairs, are established in the SDC Regulations. Pursuant to section 18 of the Regulations, permanent and ad hoc teams are appointed by a resolution of the SDC, which specifies the tasks of the team, its composition or the method of determining its composition. According to section 18(3) of the Regulations, the team’s chairperson is alternately a representative of the workers or the employers in the SDC. The term of office of the team’s chairperson is four years. Lastly, the Committee notes that Solidarność indicates that workers’ and employers’ organizations freely choose their representatives in the SDC, including with regard to experts that participate in ad hoc thematic groups within the SDC.

Article 5(1). Effective tripartite consultations. The Committee notes the Government’s indication that tripartite consultations have been held within the tripartite Team for International Affairs of the SDC (SDC-TIA) on matters related to agenda of the International Labour Conference, and the submission of Conventions and Recommendations to the competent authority (Article 5(1)(a) and (b) of the Convention). Regarding the latter, the Government indicates that members of the SDC-TIA are informed about the commencement of the submission procedure and the planned course of action, and subsequently, information is exchanged in writing to enable the participation of other social partners experts in the given topic that might not be members of SDC-TIA. Moreover, copies of the draft reports on ratified and non-ratified Conventions to be sent to the ILO per articles 22 and 19 of the ILO Constitution are sent to the social partners for their observations (Article 5(1)(d) of the Convention). The Committee requests the Government to continue to provide detailed information on the content and the outcome of the tripartite consultations held on each of the international labour standards matters covered by Article 5(1) of the Convention.

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