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

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

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

The Committee notes that the new legislation applies the Convention to a large extent. In particular, it notes with satisfaction that: (1) the possibility of trade union pluralism is set out in the law (the Labour Code, as amended, and the Act of 23 May 1991 concerning trade unions); (2) workers have the right to strike (Act of 1991 concerning the settlement of collective labour disputes); and (3) trade unions no longer exercise functions related to labour discipline (Act of 7 April 1989 to amend the Labour Code, which provided in section 19 that "trade unions shall take part in formulating and carrying out the tasks connected with (...) the exertion of influence on the standards of social awareness and socialist human relationships"). In particular, it notes with interest that the number of persons excluded from the right to establish trade unions has been reduced in comparison with the previous situation.

The Committee also notes the comments of NSZZ "Solidarity" on the application of the Convention and requests the Government to reply to them.

In view of the fact that the Government has not yet had the time to reply to the comments of NSZZ "Solidarity", the Committee will deal with these specific questions at its next meeting once it has examined the Government's observations.