Cas individuel (CAS) - Discussion : 1987, Publication : 73ème session CIT (1987)

Convention (n° 29) sur le travail forcé, 1930 - Pologne (Ratification: 1958)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Pologne (Ratification: 2017)

The Government has communicated the following information:

The Act of 26 October 1982 respecting the procedure concerning persons evading work did not introduce an obligation to work in the legal sense of compulsory labour.

The Act aims at persuading persons who do not work to take up socially useful employment voluntarily. These persons have to provide explanations concerning their reasons, sources of income and means of livelihood.

The Act provides for the performance of public works in exceptional situations i.e. in the case of force majeure or a disaster constituting a serious danger for the normal existence of the whole or a part of the population; this almost literally reproduces the provisions contained in Article 2 of the Convention.

The Government confirms that 1 January 1986 marked the expiration of the system called for by section 12 of the Act of 21 July 1983, which established special legal provisions for dealing with the social and economic crisis and amended certain laws, allowing for the performance of works in communal services and other services essential for meeting the basic survival needs of the population.

The Government also points out that in accordance with section 19 of the Act of 26 October 1982 a report on the implementation of the Act is submitted each year to the Seym of the Polish People's Republic (Parliament). In accordance with the last report (as at 31 March 1987), while this Act was in force the state administrative organs all over Poland registered in total over 229,000 men evading work. As at 31 March 1987 90,900 persons remained on this register, 70,000 of whom had been assigned work. Establishments confirmed employing 56,300 persons.

The practice shows that two major groups of men registered on the list of persons evading work can be distinguished:

- persons displaying a slight degree of demoralisation, who in the past had permanent employment but left it or did not take up work due to misfortune or awkwardness. They need some help to take up employment;

- persons displaying a high degree of demoralisation who had often run afoul of the law or who even supported themselves by criminal activities. It is difficult to persuade them to take up employment. Job offers interest them little and even if they start work, most often they soon quit.

Since the Act does not provide any means of repression in relation to such persons, implementation of this Act in respect to them requires systematic educational activity and often medical aid, as well as assistance for them and their families.