Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

The Committee notes the Government's report and the information it contains in answer to its previous direct request.

1. The Committee recalls that Act No. 214 of 16 September 1982 on the staff of state administrative bodies provides, in section 3(4), that persons may work for a public service only if they demonstrate, by their good citizenship, that they will properly discharge the duties of a worker of a state administrative body of a socialist country, and that section 13 of the Order of the Council of Ministers of 8 November 1982 on the administrative application and appraisal of professional skills of public servants provides that "good citizenship" is to be taken into account in performance appraisals. The Committee notes that, according to the Government, in 1994 inter-ministerial consultations were held on a draft amendment and it was decided that a text would be submitted to Parliament under the emergency procedure provided for in the Constitution. The Committee notes therefore that Act No. 214 is still in force. In this connection, it points out that in judgement No. 759/90 of 20 November 1990 (point 4 of its observation), the High Administrative Court stressed the importance of the principle of equality in access to employment in the public service and its conformity with the national Constitution, and that international Conventions take precedence over national legislation. The Committee asks the Government to indicate how it is ensured that the legislative provisions currently in force governing the employment of state employees, are applied in accordance with the Convention, and to provide a copy of the amendments as soon as they have been adopted.

2. Further to its previous comments concerning Acts Nos. 273, 176 and 167, which have been recently repealed, the Committee would be grateful if the Government would provide information on any compensation which is envisaged for victims of previous acts of discrimination based on political opinion, for loss of employment or other related benefits.

3. With regard to the vocational training and placement of workers with disabilities, pursuant to the Act of 9 May 1991 on employment and vocational rehabilitation of the disabled, the Committee takes due note of the information in the report and asks the Government to provide statistics on this subject in its future reports.

4. With regard to publicising the principles of the Convention, the Committee notes the Act on radio and television of 29 December 1992. It asks the Government to indicate the measures taken to promote equality of opportunity and treatment in employment and occupation, particularly by means of educational programmes, and to ensure the collaboration of employers' and workers' organizations and other non-governmental bodies.

5. With regard to the requirement that the media must "respect the public's religious sensitivities and, in particular, the system of Christian values", laid down in section 18(2) of the above Act, under penalty of a heavy fine and the possible non-renewal or withdrawal of their licence, the Committee would be grateful if the Government would specify the sanctions that would apply individually to journalists employed by the media if they violated the above legislative obligation, and if it would indicate how it ensures that journalists with different religious beliefs have the same access to jobs in the media as journalists with Christian beliefs.