Effect given to the recommendations of the committee and the Governing Body - Report No 313, March 1999

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

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

1. 55. At its June 1998 meeting, the Committee had requested the Government to keep it informed of any progress concerning cash compensation to trade union organizations and assignations of immovables to NSZZ "Solidarnosc" and the Polish Trade Union Alliance (OPZZ). On that occasion, the Committee had noted the complexity of the question of divisions of assets of the former Trade Union Association as well as the objections of NSZZ "Solidarnosc" concerning various decisions and regulations of the Minister of Labour and Social Policy and the work of the Stock-Taking Commission (see 310th Report, paras. 53 to 65).
2. 56. In a communication dated 1 October 1998, the Government had stated that the Minister of Labour and Social Policy had prepared and submitted on 29 June 1998, for interministerial consultations, the necessary draft amendment of the Act of 25 October 1990 (the Act of 25 October 1990) concerning the restitution of assets forfeited by trade unions and social organizations following the imposition of the martial law. The mentioned amendment proved necessary in view of the need for possibly urgent regulation of due non-cash liabilities of the state Treasury in result of:
   • -- the pronouncements by the Social Revindication Commission -- the total amounts due had already reached the level of almost PLN82 million (including statutory interests for delays accumulated before 31 July 1998);
   • -- execution of newly arising non-cash liabilities of the state Treasury.
3. 57. The Government had indicated that the above-mentioned draft of the amending Act had also taken account of the expectations for the change of certain provisions of the Revindication Act, which had been expressed by NSZZ "Solidarnosc" during the preliminary consultations.
4. 58. The Government had further indicated that, together with the above-mentioned draft amendment of the Revindication Act, a draft executory regulation of the Council of Ministers had been submitted for interministerial consultation. The regulation had been necessary for governing the practical side of the Treasury's liabilities. Both draft texts had been transmitted, in accordance with article 19 of the Trade Union Act, to NSZZ "Solidarnosc" and to the Polish Trade Union Alliance (OPZZ) seeking trade union opinion.
5. 59. Finally, the Government had stated that the actual state of work on the mentioned draft texts meant that they would be examined by the Council of Ministers in autumn 1998 and that the draft Act would immediately be submitted to the Diet (Parliament). The executory regulation of the Council of Ministers would be issued directly after the provisions of the above-mentioned amending Act would come into force. In a communication dated 18 February 1999 the Government stated that the law amending the law of 25 October 1990 was adopted on 3 December 1998 and entered into force on 30 December 1998.
6. 60. As regards the objections of NSZZ "Solidarnosc" that its vested rights had been violated by section 45 of the Trade Union Act, the matter was brought before the Constitutional Tribunal which rejected it on 3 December 1997. The Government also mentioned that NSZZ "Solidarnosc" had challenged the constitutionality of section 7 of the Act of 9 May 1997 amending the Trade Union Act and concerning Workers' Recreation Fund -- such fund being considered as enterprise assets pursuant to the Civil Code. The application of NSZZ "Solidarnosc" was granted by the Constitutional Tribunal on 3 June 1998 and by the Diet on 28 August 1998. The Parliament should adopt a new text on the assignation of Employees' Recreation Fund assets. In its communication of 18 February 1999, the Government specified that in December 1998 the Senate adopted a bill which was transmitted to the Diet.
7. 61. The Committee takes note with interest of the detailed information provided by the Government and once again expresses the hope that all issues concerning trade union assets will be resolved in the near future and asks the Government to keep it informed in this regard.