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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

1. In its observation, the Committee has noted the various steps currently being taken with a view to a revision of the Constitution and national legislation. It requests the Government to provide information on the national policy pursued, in the framework of the major institutional and political changes now taking place in Poland, to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin. Please provide copies of any specific texts defining this policy.

2. In previous comments, the Committee had referred to various provisions contained in Acts Nos. 273 of 18 December 1982, 176 of 21 July 1983 and 167 of 25 July 1985 and in regulations of 1982 concerning appraisal of personnel of State institutions, relating to the dismissal of workers from employment, restrictions on access to new employment and on remuneration of workers who had been summarily dismissed, the suspension and exclusion of students, the suspension and dismissal of teachers, and the termination of duties of persons exercising responsibilities in establishments of higher education. It notes from the Government's report for the period ending 30 June 1988 that the provisions in question had ceased to have effect or had been replaced by other legislation substantially different in content. It requests the Government to indicate the new legislative texts which have brought about these changes and to provide copies thereof.

3. The Committee has noted the indications provided by the Government on texts now in force with respect to persons employed in public organs and institutions. It notes:

(a)that, under section 3(4) of Act No. 214 of 16 September 1982 on workers of State administration organs, a person may become a public employee only if, by his attitude of good citizen, he guarantees the proper performance of the tasks of a worker of the State administration organ of the socialist State;

(b)that, under section 13 of the Order of the Council of Ministers of 8 November 1982 on the administrative application and skills appraisal of public employees, "the attitude of good citizen" is also to be taken into account during the appraisal of skills;

(c)that, under section 35 of Act No. 122 of 25 September 1981 on State enterprises, in the selection of managers of such enterprises account is to be taken of the moral and social attitude of candidates; moreover, the selection committees are to comprise (inter alia) representatives of political parties.

The Committee requests the Government to indicate the measures taken in regard to the above-mentioned provisions to ensure that the political opinions of workers are not taken into account in connection with employment and the appraisal of skills in the public service.

4. The Committee notes the statement in the Government's report that Resolution No. 247 of 5 November 1973 of the Council of Ministers concerning the staff reserve for managerial posts in the State administration and the national economy lost its force in 1983 by virtue of Resolution No. 108 of 25 August 1983 of the Council of Ministers, and that the creation of a staff reserve aims at the selection of the most able workers and their preparation for advancement through adequate skills development.

The Committee requests the Government to indicate any further developments regarding the criteria and procedures for the selection of personnel for supervisory and management functions in public administration, institutions and enterprises, and to provide copies of any new legislative provisions regarding these matters.

5. The Committee notes the information provided by the Government to the Committee on the Elimination of Racial Discrimination (document CERD/C/SR.836 of 18 August 1989) regarding the establishment in 1986 of a Constitutional Court to rule on the conformity with the Constitution of laws and other legislative texts adopted by State agencies (including questions of discrimination), the widening of the competence of the Supreme Administrative Court and of ordinary courts, and the creation in 1987 of the office of Spokesman for Civic Rights.

The Committee requests the Government to provide information, in future reports, on the activities of the above-mentioned organs as regards matters having a bearing on the implementation of Convention No. 111.

6. For a number of years, the Government's reports have not provided comprehensive information on the measures taken to promote equality of opportunity and treatment in the fields covered by the Convention. The Committee accordingly requests the Government to supply particulars of the action taken and the results achieved, more specifically with regard to:

(a) access to training;

(b) access to employment and to different occupations;

(c) conditions of employment.

The Committee would appreciate such information more particularly with regard to the relative position of men and women and with regard to the various groups of Polish citizens of non-Polish origin (to which the Government referred in its statements to the Committee on the Elimination of Racial Discrimination).

In this context, please indicate the steps taken to promote equality of opportunity and treatment:

(a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority;

(b) through legislation and educational programmes;

(c) through collaboration with employers' and workers' organisations and other non-governmental bodies.