Effect given to the recommendations of the committee and the Governing Body - Report No 306, March 1997

Case No 1785 (Poland) - Complaint date: 15-JUN-94 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 48. During its last examination of this case at its meeting in November 1996, the Committee requested the Government to ensure the equitable redistribution of assets between the NSZZ Solidarnosc and the Polish Trade Union Alliance (OPZZ) and requested the Government to keep it informed of any progress concerning the final redistribution. It also requested the Government to furnish a copy of the executive order to be issued by the Minister of Labour determining, in consultation with both trade union confederations, which assets would belong exclusively to one or the other confederation (see 305th Report, paras. 57-59).
2. 49. In a communication dated 13 January 1997, the Government indicates that the executive orders to be issued by the Minister of Labour are being considered and may be completed after the adoption of the Budgetary Act for 1997 in February. This has not however hindered the implementation of the Act amending the Act concerning the restitution of assets forfeited by trade unions which came into force on 4 August 1996 and the Social Commission for Revindication has taken decisions up to the end of 1996 imposing upon the State Treasury an obligation of cash payment or compensation in other (non-cash) forms to various organizational units of NSZZ Solidarnosc. Cash payments may be already effected, whereas compensation in non-cash form will only be possible after the Council of Ministers has issued the necessary executory order. The NSZZ Solidarnosc and the OPZZ have been invited to designate their representatives to the commission responsible for making the inventory list of the real assets of the former trade union association. The commission is expected to begin its work once the Budgetary Act has designated funds for covering the cost of its functioning and the deadline for completion of its work, as provided for in the Act, is 30 June 1997. The Government adds however that the NSZZ Solidarnosc has taken a decision to apply to the Constitutional Tribunal concerning the constitutionality of the Act.
3. 50. The Committee notes this information and expresses the firm hope that an equitable redistribution of the assets will be made between the two trade union confederations in the near future. It requests the Government to keep it informed of all developments in the implementation of the Act on the restitution of trade union assets and of any judgement from the Constitutional Tribunal concerning the constitutionality of the Act.