Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes with interest that a new Constitution was adopted by the National Assembly on 2 April 1997 and confirmed in October 1997 following a referendum. It notes that, although articles 32 and 33 of the new Constitution do not specifically mention the seven grounds of discrimination formally prohibited by Article 1, paragraph 1(a), of the Convention, they prohibit discrimination on all grounds in political, social or economic life and guarantee equal rights and treatment for men and women in education, employment, promotion, remuneration for work of equal value and social security. The Committee also notes that, as announced in the previous report, the extension to men with family responsibilities of the parental leave already granted to women has come into force.

2. With regard to equality in access to employment, the Committee notes the information supplied by the Government in its report, and in particular that the President of the National Labour Office sent a letter on 19 November 1996 to local labour offices recalling the prohibition of discriminatory practices in the presentation of job offers and ordering the reorganization of clients' reception desks so that no separate reception desks exist for men and for women. It also notes that the staff of labour offices receive training, organized by the National Labour Office, with a view to learning techniques for negotiation with employers in order to convince them not to submit job offers which specify the sex of applicants. The Committee asks the Government to provide a copy of the letter of the President of the National Labour Office together with information on developments as regards the percentage of job offers mentioning a preference for one or other sex.

3. The Committee notes that, according to the Government, although there is discrimination on the part of labour offices in access to employment and occupation with regard to persons belonging to ethnic, religious or linguistic minorities, it occurs only occasionally (it could indicate but one case in seven years). It asks the Government to provide a copy of the decision handed down by the National Labour Office on an appeal against a ruling on a complaint lodged against a head of a local labour office alleging discrimination on grounds of religion.

4. Lastly, in the absence of a reply to the following points which it raised in its previous comments, the Committee again asks the Government to provide:

(a) information on the creation of any rapid procedures for consultation and dispute settlement in the event of dismissals of pregnant women and women on parental leave in order to prevent the spread of this phenomenon on the pretext of economic grounds, and on the results obtained;

(b) information on individual sanctions incurred by journalists for violation of the obligation laid down in section 18(2) of the Act of 29 December 1992 on radio and television to respect the public's religious sensitivities and, in particular, the system of "Christian values", and on the provisions ensuring that journalists with other religious beliefs have the same access to jobs in the media as journalists with Christian beliefs; and

(c) a copy of the relevant implementing texts of the Act of 2 December 1994 eliminating "civic behaviour" from the criteria for recruitment into the civil service and of the text amending the Order of the Council of Ministers of 8 December 1982 concerning training and job evaluation for civil servants.