Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Poland (Ratification: 1957)

Article 4 of the Convention

The Committee takes note of Act No. 105 of 7 April 1989 to amend the Trade Union Act, 1982, and notes that in section 371(1) and (2) it provides that the various trade unions in an enterprise, before any bargaining with the management of the enterprise, should conclude an agreement setting out a common position for their claims. In the absence of such an agreement, the management is authorised, after consulting the trade unions and the workers, to take a decision concerning terms and conditions of work, with the exception of matters relating to remuneration systems, incentives, bonuses and the social and housing funds.

Although it appears that the objective of these provisions is to promote equal treatment between trade unions in the same enterprise as regards collective bargaining, their application is liable to result in negotiations being blocked either by a unilateral decision by the management on certain matters, or because the social partners are unable to set out a common position as regards wages.

In these circumstances, the Committee requests the Government to supply information on the effect given to these provisions in practice.