Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Poland (Ratification: 1982)

The Committee notes the observations of the NSZZ “Solidarność”, received on 1 September 2022, which relate to issues examined by the Committee in the comment below and the Government’s comments thereon.

Article 6 of the Convention. Facilities to be afforded to public employee’s organizations. In its previous comments, the Committee had requested the Government to confirm whether the relevant provisions of the labour legislation applied to the facilities to be afforded to the public workers’ organizations. The Committee notes that the Government states that while the Act on Civil Service, as lex specialis, has priority over the Labour Code regulationsthis does not impede the applicability ofthe general rules set out in the Labour Code with respect to the subjects covered by Article 6 of the Convention. The Committee requests the Government to provide specific information on the facilities afforded in practice to the public workers’ organizations.

Articles 7. Machinery for determining terms and conditions of employment. The Committee notes the observations of the NSZZ “Solidarność”, alleging the absence of measures for promoting or developing the collective bargaining mechanisms in the public sector, in particular indicating that collective bargaining in the public sector is restricted by the exemption contained in section 239 paragraph 3(1) of the Labour Code. The Committee notes, from the information provided by the Government and the NSZZ “Solidarność”, that section 239 paragraph 3(1) of the Labour Code was the subject of a ruling by the Constitutional Tribunal, which ruled out the possibility of concluding collective bargaining agreements with respect to members of the civil service corps. The Committee notes the information provided by the Government, in particular its intention to take steps in accordance with the Convention, where necessary, and in accordance with national conditions, to support and assist in the widest possible development and application of a mechanism for bargaining between the public authorities concerned and public employees' organizations. The Committee recalls that, according to Article 7 of the Convention, the organizations representing the public employees shall be able to participate in the determination of the terms and conditions of employment of their members. The Committee therefore requests the Government to take, in consultation with representative organizations concerned, the necessary measures to establish any formal mechanisms for public servant organizations to participate in the determination of terms and conditions of their employment, in line with Article 7 of the Convention and to provide further details on their development.

Article 8. Dispute settlement procedures. The Committee notes the Government’s indication that: (i) although the Act on Civil Service forbids a member of the civil service corps to participate in a strike or protest action disrupting the normal operations of the office, it does not rule out negotiation, mediation and arbitration in matters relating to members of the civil service corps; and (ii) the procedures for settling disputes in the civil service may be applied in accordance with the general rules set out in the Labour Code. The Committee requests the Government to; (i) specify to what extent the public employees’ organizations are legally entitled to request for mediation and arbitration procedures; and (ii) provide concrete examples where mediation and arbitration procedures have been applied to collective labour disputes in the public service.