Effect given to the recommendations of the committee and the Governing Body - Report No 324, March 2001

Case No 1785 (Poland) - Complaint date: 15-JUN-94 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 73. When it last examined this case at its June 2000 meeting, the Committee had noted with interest the detailed information provided by the Government regarding the issue of cash compensations to trade union organizations and assignment of real estate property to NSZZ "Solidarnosc" and the Polish Trade Union Alliance (OPZZ), and requested the Government to keep it informed of developments [see 321st Report, paras. 66-70].
2. 74. In its communication of 31 January 2001, the Government indicates that as of 30 September 2000, 762 claims were under review by the Social Commission for Vindication (which reviews its earlier decisions and fixes the amounts of state treasury liabilities). According to the Commission, all these proceedings may be finalized by October or November 2001, that is earlier than previously planned. The Minister of Finance, taking into account the fact that the total value of state treasury liabilities claimed by authorized entities for compensation in the form of bonds at different stages was too small, had renounced to issue bonds, as provided for by the Act of 3 December 1998. In this situation, article 3(8) of the Act provides that the liabilities be paid in cash. To satisfy them, the Government had earmarked sufficient funds in the 1999 and 2000 budgets.
3. 75. However, as other more pressing socially important needs arose in both years those funds were diverted to finance those needs rather than pay the liabilities in question. As a result, liabilities arising from the rulings made by the Commission before 30 November 1998, from 1 December 1998 to 31 May 1999 and after 31 May 1999 have not been paid yet. However, statutory interest accrues on all of them. That being so, the Minister of Finance decided to pay the outstanding and newly arising liabilities of this kind with bonds, provided that all payees agreed. On 18 September 2000, the Minister submitted for inter-ministerial consultation a draft regulation concerning the detailed conditions respecting the issue of bonds for payment of state treasury liabilities in connection with the restitution of trade union and voluntary associations' property seized under the martial law. The bonds will have a total nominal value of PLN 300 million with maturity on 21 August 2002, with option for earlier purchase by the Ministry of Finance by tender. The bonds will be freely tradable on the secondary market.
4. 76. Work in the Government continues on a legislation concerning the legal status of property of the former trade union association (CRZZ) and of the trade union organizations outlawed under the martial law (the so-called "branch" and "autonomous" trade unions). As the National Commission of the Independent Self-governing Trade Union "Solidarnosc" refrained from offering their suggestions on future legislation in this regard, which the Government would have welcomed, the Government will submit the draft to the National Commission for formal consultations.
5. 77. The Committee notes that the Commission in charge of settling the various financial issues in question here plans to conclude its work by October 2001. While aware of the complexity of factual and legal issues, the Committee recalls that this representation dates back to 1995 and expresses once again the firm hope that all remaining issues will be finally settled by October 2001. It requests the Government to keep it informed in this regard.