Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee takes note of the Government's report and its reply to the observations made by NSZZ "Solidarnosc".

The Committee recalls that in its previous communications, the NSZZ "Solidarnosc" considered that the sanction for acts of anti-trade union discrimination and acts of interference in trade union activities, provided for in the Trade Union Act of 23 May 1991, was only a fine of up to 50,000 zlotys (section 35), was not sufficiently effective and dissuasive to guarantee adequate protection as laid down in the Convention (Articles 1, 2 and 3 of the Convention).

The Government indicates in its report that the NSZZ's proposal to punish acts of anti-union discrimination and interference in trade union activities by imprisonment of up to three years and deprivation of the right to hold a managerial post was not approved by Parliament when it debated the Trade Union Bill. The Government explains that the introduction of penal sanctions for such acts would mean introducing similar penalties for illegal trade union activities, including participating in illegal strikes, which would considerably impair the legal situation of unionized workers. It points out, however, that the offences mentioned in the Trade Union Act of 23 May 1991 are subject to fines of from 500,000 to 2,500,000 zlotys under the Code. It adds that when the Trade Union Act is amended it plans to examine the possibility of replacing the present system of fixed-amount fines by a system of variable-amount fines to be reckoned on a daily basis taking account of the seriousness of the offence and the offender's income.

The Committee notes this information with interest and asks the Government to keep it informed of any further developments in this respect.