Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in communications dated 31 August 2005 and 10 August 2006 concerning the application of the Convention as well as the Government’s reply. The Committee requests the Government to send specific observations on the ICFTU comments relating to several cases of anti-union discrimination and infringement of collective bargaining rights in practice in the public and private sectors.

The Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos. 2291 (see 333rd Report, paragraphs 878-919) and 2395 (see 337th Report, paragraphs 1150-1201), both concerning allegations of anti-union discrimination. It appears from these cases that legal provisions prohibiting acts of anti-union discrimination are not accompanied by effective and rapid procedures to ensure their application in practice with respect to workers who are not workers’ representatives. Therefore, the Committee requests the Government to take all necessary measures as soon as possible, in consultation with the most representative employers’ and workers’ organizations, with a view to establishing procedures that are prompt, impartial and considered as such by the parties concerned, in order to ensure that trade union officials and members have the right to an effective remedy by the competent authorities for acts of anti-union discrimination, and to keep it informed of developments in this respect.