Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Polonia (Ratificación : 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, which relate to issues examined by the Committee below, and the Government’s reply thereto.

Article 1 of the Convention. Adequate protection against anti-union discrimination. Company restructuring. The Committee notes the concerns raised by the NSZZ “Solidarność” regarding the lack of protection against anti-union dismissals, both in law and in practice, in case of company restructuring outside of bankruptcy: (i) section 300 of the Act on Restructuring, 2015 allows dismissal of workers irrespective of any protective standards and the courts, with a few exceptions, confirm that protective standards are put aside during restructuring of enterprises; and (ii) during restructuring in a rail cargo enterprise in June 2024, collective redundancies were based on long-term absence from work in a given position, leading to indirect discrimination against workers absent from their positions due to the exercise of trade union functions. The Committee notes the Government’s indication in this regard that despite the limitations on workers’ rights during restructuring, there are mechanisms to safeguard the workers’ situation, including the adoption by the concerned enterprise of rules for the dismissal and appointment of a judge-commissioner to oversee the restructuring. Recalling that dismissals for economic reasons, if they are used as indirect means of engaging in acts of anti-union discrimination, may give rise to particular problems in relation to the Convention, the Committee requests the Government to engage in discussions with the social partners to reflect on additional mechanisms that could be put in place during restructuring outside of bankruptcy, to ensure that collective redundancies do not give rise to anti-union actions.

Articles 4 and 6. Collective bargaining in the public sector. Civil servants not engaged in the administration of the State. The Committee notes the concerns raised by the NSZZ “Solidarność” that the Act on Collective Bargaining Agreements and Collective Agreements, 2025 does not distinguish between public servants engaged in the administration of the State and others working in government institutions or enterprises and that it prohibits members of the civil service corps from concluding company collective agreements (section 7). Observing that section 7 of the Act indeed stipulates some restrictions on collective bargaining in the public sector, the Committee recalls that only members of the police, the military and public servants engaged in the administration of the State may be excluded from the scope of the Convention and that collective bargaining should cover organizations representing fire fighters, prison staff and workers of government-owned enterprises. In light of the above, the Committee requests the Government to indicate which categories of public sector workers and public servants can engage in collective bargaining. The Committee also requests the Government to clarify whether sections 23(3) and 27 allow for unilateral termination of a collective bargaining agreement.