Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Poland (Ratification: 1957)

The Committee notes the Government's report and the coming into force of the Acts of 23 May 1991 concerning trade unions, employers' organisations and the settlement of collective labour disputes.

The Committee notes that, in accordance with section 27 of the new Act concerning the settlement of collective labour disputes, which amends section 214(7)(7), of the Labour Code, the procedures governing negotiation, mediation, arbitration and strikes are suspended during the registration procedure of a collective agreement or during the procedure embarked upon under the terms of section 241(7)(3) and (4) where the Minister is of the opinion that the collective agreement is incompatible with the law. It recalls that legislation which permits the refusal of approval of a collective agreement on grounds other than errors of pure form may amount to a requirement that prior approval be obtained before a collective agreement can come into force, which is not in conformity with the principles of voluntary negotiation established in Article 4 of the Convention. It also considers that the suspension of procedures intended to promote the settlement of a collective dispute during the registration of a collective agreement or during a dispute relating to the compatibility of the collective agreement with the law does not appear to promote independent and voluntary collective bargaining. It therefore requests the Government to indicate whether, in the period covered by the report, the above section of the amended Labour Code has been applied in practice.

The Committee notes moreover that section 30(5) of the Act of 23 May 1991 concerning trade unions provides that, if in matters relating to the drawing up of work rules, work schedules or the leave plan, the trade union organisations do not present a joint position within 30 days, the employer or the appropriate workers' self-governing body shall render a decision after examining the positions of the different trade union organisations. The Committee points out that the application of this provision in practice would be likely to result in a cessation of negotiations on the questions of work rules, work schedules or the leave plan either through a unilateral decision by the employer, or because the trade union organisations are not in a position to present a joint position on these matters, and it therefore requests the Government to supply information in its next report on the effect given to this provision in practice.