Effect given to the recommendations of the committee and the Governing Body - Report No 305, November 1996

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

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

1. 57. In its 302nd Report, approved by the Governing Body in March 1996, the Committee requested the Government to keep it informed of any progress concerning the restitution of trade union property confiscated during the period of martial law (see paragraphs 57-59).
2. 58. In a communication dated 12 August 1996, the Government informs that the Diete adopted amendments to the Act of 25 October 1990 on the restitution of trade union assets. The new law was promulgated on 4 July 1996 and entered into force on 4 August 1996. It takes into account the Constitutional Tribunal decision of 25 February 1992 and allows the Government to put into place a procedure for the redistribution of assets according to which those of the former Central Council of Trade Unions (CRZZ) will be divided into two equal shares between the NSZZ Solidarnosc and the Polish Trade Union Alliance (OPZZ). Since an agreement concerning the distribution of assets was not reached between the two and pursuant to the provisions of the new legislation, the Minister of Labour has to establish a list of the assets and decide, by executive order in consultation with both parties, which assets will belong exclusively to one or the other. The executive order should be published before 30 June 1996.
3. 59. The Committee notes this information. It requests the Government to ensure that there will be an equitable redistribution of assets between the two trade union confederations in accordance with the Committee's previous recommendations. It also requests the Government to keep it informed of any progress concerning the final redistribution of trade union assets and to communicate a copy of the executive order of the Minister of Labour.