Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information supplied by the Government to the Conference Committee on the Application of Standards in June 1989 and the discussion which followed, as well as the Government's reports.

In its previous observation, the Committee noted that the Round Table committee responsible for dealing with questions related to trade union pluralism recognised the need to amend the legislation on trade unions as regards the establishment of unions, the choice of trade union structures, trade union rights in the agricultural sector, the scope of trade union legislation and the settlement of disputes, including the right to strike.

The Committee notes with satisfaction that Act No. 105 of 7 April 1989, amending the Trade Union Act, 1982, introduces the possibility of trade union pluralism by repealing section 60 which imposed the existence of a single trade union for each enterprise, by recognising the right of workers to establish trade unions with structures of their own choosing (enterprise, branch, occupational or national unions) and to join them (sections 1 and 2 of Act No. 105). It also notes that the Act guarantees the equality of all trade unions (sections 6, 8, 10 and 11 of Act No. 105).

In the area of agriculture, the Committee notes with satisfaction that the new Act No. 106 of 7 April 1989 on trade unions of individual farmers also introduces the possibility of trade union pluralism, gives individual farmers and the active members of their families the right to establish organisations of their own choosing, the right to draw up their constitutions and rules and to formulate their programmes without supervision by the State, which must refrain from any interference which would restrict their independence, and guarantees equality of rights of the new trade unions with the socio-occupational organisations of farmers.

In this new context, the Committee notes the registration on 17 and 20 April 1989 of the Independent Self-Governing Trade Union "Solidarity" and the organisation in the agricultural sector, "Rural Solidarity".

The Committee also notes the creation in January 1989 of the Association of Employers of Poland, which covers employers from the state, co-operative and private sectors.

Finally, the Committee notes with satisfaction the adoption of Act No. 104 of 7 April 1989 which grants all citizens, whatever their religion or opinion, the right to establish associations of their own choosing.

With regard to the other matters on which the Round Table committee voiced the need for change and which have been the subject of the comments of the Committee of Experts for several years, namely the denial of trade union rights to officials in prison establishments and restrictions on the right to strike, the Government indicates that amendments to the relevant provisions of the Trade Union Act of 1982 will be introduced, since the principle was recognised during the Round Table. The Government indicates that work has started on bringing the legislation into conformity with the provisions of Convention No. 87 and that the ILO will be kept informed of the outcome.

In this respect, the Committee notes that, according to the Government's most recent report, provisional occupational organisations for prison staff and members of the militia have been created, namely the Initiative Group of the Independent Self-Governing Trade Union of Officials in prison establishments and the Independent Self-Governing Trade Union of Militia Personnel. It adds that steps aimed at the amendment of their legal status will enable these officials to organise in trade unions.

The Committee takes due note of this information and in particular notes with satisfaction that Act No. 179 of 29 May 1989 annuls all convictions imposed in respect of strikes or other protest actions committed after 31 August 1980. It hopes that in the near future it will be possible to amend the legislation along the lines of the recommendations of the Round Table committee and the comments of the Committee of Experts in order to recognise the trade union rights of officials in prison establishments and to make the provisions concerning strikes more flexible. It requests the Government to supply detailed information in this connection.