Effect given to the recommendations of the committee and the Governing Body - Report No 321, June 2000

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

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

1. 66. At its March 1999 meeting, the Committee had noted with interest the detailed information provided by the Government on the issue of cash compensations to trade union organizations and assignations of real estate property to NSZZ "Solidarnosc" and the Polish Trade Union Alliance (OPZZ) [see 313th Report, paras. 55-61].
2. 67. In a communication dated 23 February 2000, the Government indicated that, as of June 1999 (the deadline for submitting motions to the Social Commission for Revindication) 1,793 proceedings had been filed with the Commission concerning the restitution of assets forfeited by trade unions and social organizations under martial law. As of 31 January 2000, 1,287 of these proceedings have been completed and the Social Commission plans to finalize all cases by the end of 2001. The total amount of the current state Treasury liabilities is estimated at approximately PLN220 million. As regards non-cash liabilities, authorized organizations have the right to choose between two forms of compensation: state Treasury bonds, or a transfer of right to assets' components belonging to the state Treasury or to municipalities. Other liabilities resulting from decisions of the Commission, and which became final in December 1999, will be discharged in cash.
3. 68. While the Government remains convinced that the legal status, and the possible division of the assets of the former Trade Unions' Association (CRZZ) and of the other trade union organizations liquidated under martial law, should be fully settled, the preliminary work in this respect has been delayed due to the complexity of the legal and factual situation of the assets, and to incomplete documentation. The Government is considering whether some legislative initiative should be taken to address this problem, which was not covered by the Act of 23 May 1991 on trade unions. Before taking such initiative, however, the Government asked in December 1999 the National Commission of NSZZ "Solidarnosc" to submit proposals in this respect.
4. 69. The Government adds updated information on two issues which are related to the complaint. Firstly, the OPZZ had challenged a decision of the Minister of Labour of 9 October 1998 denying it entitlement to some PLN25 million (representing a transfer of assets, back in 1985, from the former Trade Unions' Association to OPZZ); on 10 November 1999, the Supreme Administrative Court dismissed the OPZZ's appeal; the National Commission of NSZZ "Solidarnosc" participated in these proceedings as intervener. Secondly, the draft Act concerning the assets of the liquidated Employees' Recreation Fund has been submitted to the Sejm (Lower House of Parliament) in accordance with a Senate's resolution; in June 1999, the Government presented its comments and proposals concerning that draft, and legislative work is being pursued in Parliament.
5. 70. The Committee notes with interest the detailed information provided by the Government and in particular that the Social Commission plans to finalize all pending proceedings by the end of 2001. While aware of the complexity of factual and legal issues involved, the Committee once again expresses the hope that all remaining issues concerning trade union assets will be finally settled in the near future, and asks the Government to keep it informed in this regard.