Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 310, Juin 1998

Cas no 1785 (Pologne) - Date de la plainte: 15-JUIN -94 - Clos

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

1. 53. In November 1997, the Committee had requested the Government to comply with its previous recommendation at an early date concerning the final and equitable redistribution of trade union assets between the two trade union confederations and to keep it informed in this regard (see 308th Report, para. 71).
2. 54. In a communication dated 9 March 1998, the Government states that trade union organizations made 481 applications by 31 January 1998 in accordance with procedures defined by new provisions.
3. 55. By 31 January 1998 the Social Revindication Commission issued pronouncements obligating the State Treasury to pay in cash or to compensate through non-monetary measures defined by acts the total amount of 57,540,505.78 PLN. Obligations of the State Treasury towards organizational units of the NSZZ "Solidarno c" amount to 56,098,873.06 PLN. The remaining sum of money of 218,661.34 PLN is compensation for overpayments to trade unions obligated by virtue of former pronouncements to return the assets.
4. 56. Cash compensations -- together with calculated statutory interests for delay -- will be, beginning from September 1998, made by voivods representing the State Treasury from the resources of target reserves of the State, allocated to them by the Minister of Finance.
5. 57. The Government adds that realization of non-cash compensations will be carried out after the issuance by the Cabinet of an appropriate executive regulation, provided for in section 3(2), paragraph 3, of the amended Revindication Act. Works related to preparation of this regulation are being carried out.
6. 58. It is beyond doubt that the question of non-monetary obligations of the State Treasury should be regulated in the best possible way through legislative provisions. Therefore the new Government is going to present in the Parliament, without an unreasonable delay, a draft amendment of section 3(2), paragraph 1, of the Revindication Act, as well as simultaneously preparing an executive Cabinet regulation, adjusted to the changes projected.
7. 59. The Government states that the Minister of Labour and Social Policy issued a regulation of 27 June 1997 defining the list of immovables of the former Trade Union Association which are the property of the NSZZ "Solidarno c" and the OPZZ. On the strength of this regulation the NSZZ "Solidarno c" was assigned one immovable and the OPZZ -- three immovables. The Minister of Labour and Social Policy issued another regulation on 26 August 1997, according to which the NSZZ "Solidarno c" was assigned another three immovables, and the OPZZ another six immovables.
8. 60. The Minister of Labour and Social Policy also made a settlement following the division of the immovables of the former Trade Union Association to the effect that the OPZZ was obligated to return to the NSZZ "Solidarno c", as a settlement, an amount of 331 PLN, because the total monetary value of the immovables listed in both ordinances, as assigned to the OPZZ, is higher than the total sum of monetary value of the immovables assigned to the NSZZ "Solidarno c", while section 45 of the Trade Union Act stipulates that the immovables be divided in equal parts between the OPZZ and the NSZZ "Solidarno c".
9. 61. The NSZZ "Solidarno c" expressed a critical attitude towards both the above-mentioned regulations of the Minister of Labour and Social Policy, of 27 June 1997 and of 26 August 1997, as well as the decision of 5 September 1997 concerning the settlement following the division of immovables of the former Trade Union Association.
10. 62. The NSZZ "Solidarno c" raised objections towards both regulations as being legally incorrect, as there was no basis for issuing them.
11. 63. Consequently, the NSZZ "Solidarno c" questioned also the decision of the Minister of Labour and Social Policy of 5 September 1997 concerning the settlement following division, since the real value of the immovables, adopted in this decision -- identical with the value stated in the regulations -- should be subject to another evaluation. In examining these objectives, the Supreme Chamber of Control stated that there was no need to conduct another pricing of the above listed immovables. However, the Chamber has not directly addressed the doubt, raised by the NSZZ "Solidarno c", whether the Stock-Taking Commission took into account all the immovables which according to the Act should be subject to division. Neither did the Chamber address the objection that the Commission had not prepared a final listing of the catalogued buildings. However, the protocol of examination of the Supreme Chamber of Control presented -- as a subject of examination -- critical remarks, doubts and objections concerning the respect
    • ive stages of work of the Stock-Taking Commission.
12. 64. Due to the legal complexity of the question of the division of assets of the former Trade Union Association, the Government states that the Minister of Labour and Social Policy is not ready to express his opinion now. It will inform the Committee when the Minister of Labour and Social Policy takes a final decision.
13. 65. The Committee notes with interest that decisions concerning cash compensation to trade union organizations will be beginning from September 1998 and that some assignations of immovables to NSZZ "Solidarno c" and OPZZ have been made. The Committee notes the complexity of the question of divisions of assets of the former Trade Union Association as well as the objections of NSZZ "Solidarno c" concerning various decisions and regulations of the Minister of Labour and Social Policy and the work of the Stock-Taking Commission. The Committee expresses the hope that these issues will be resolved in the near future and asks the Government to keep it informed of any progress.