Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s reply to the 2006 comments submitted by the International Confederation of Free Trade Unions (ICFTU). Regarding the Road Traffic Law (1997), which the ICFTU considered made it almost impossible for trade unions to organize legal demonstrations and rallies, the Committee notes the Government’s indication that it no longer applies to assemblies and strikes, following the 2006 decision of the Polish Constitutional Tribunal. Furthermore, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC, previously ICFTU) in a communication dated 29 August 2008 concerning violent dispersion of a sit-in organized by the healthcare workers affiliated to the All-Poland Trade Union Alliance (OPZZ). The Committee requests the Government to submit its observations thereon, as well as on the 2006 ICFTU comments alleging that workers in state-owned enterprises in health sector, water and forestry industries had their employment contracts terminated and replaced by individual contracts so that they could no longer be trade union members.

Article 3 of the Convention. Right of organizations to elect their representatives in full freedom. The Committee recalls that it had previously requested the Government to amend section 49(6) so as to ensure that public servants may exercise their trade union functions at all levels. The Committee notes from the Government’s report that the Council of Ministers directed to the Sejm (the lower chamber of the Parliament) a draft Act on amending the Law on Civil Service. The Committee further notes the Government’s statement that the draft provides an amendment of article 49(6) of the Civil Service Act of 24 August 2006, which shall read as follows: “civil service member occupying a higher civil service post cannot perform any trade union function”. The Committee considers that some categories mentioned by the Government, as included in section 49(6) of the draft (deputies of voivodship veterinary offices, persons in charge and deputies of organizational units in the Central Inspectorate of Trade Inspection, Office for Registration of Medicinal Products, Medical Devices and Biocidal Products, and Office for Forest Seed Production) are covered by the Convention and therefore should be able to exercise trade union functions. The Committee hopes that the draft Act will take into account its comments and requests the Government to provide information in this respect.

Right of organizations freely to organize their activities and to formulate their programmes. The Committee recalls that it had previously requested the Government to amend section 49(3) of the Law on Civil Service (2006) so as to ensure that prohibition of the right to strike is limited to public servants exercising authority in the name of the State. The Committee notes that the Government indicates that the draft Act does not propose to amend section 49(3) of the abovementioned Law. According to the Government, the civil service concerns government administration exclusively, thus it should be assumed that civil service members participate in exercising authority on behalf of the State. Civil service members may, however, undertake protest actions which do not disturb normal functioning of offices. The Committee notes that the Government indicates that all employees employed in the state authorities, government and self-government administrations, courts and prosecutor’s office are not entitled to the right to strike. The Committee requests the Government to specify categories of employees whose right to strike is restricted under section 49(3) of the Law on Civil Service.

Trade union assets. With regard to its previous request to provide information on the proceedings before the Social Revendication Commission and the administrative courts concerning trade union assets, the Committee notes with interest the Government’s indication that the Commission ruled in favour of the NSZZ Solidarnosc and obliged the State Treasury to pay the trade union organization concerned the amount it claimed along with the statutory interest due on the date of the decision.

The Committee notes that the Labour Code of 1974 was amended in 2008. It therefore requests the Government to provide a copy of the amended Code.