Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied in the Government's report and attached documentation, in reply to its previous comments.

1. The Committee notes the Government's statement that a draft amendment of the Labour Code has been elaborated by the Committee for the Reform of Labour Law, in cooperation with the Ministry of Labour and Social Policy, and that particular attention was paid in the elaboration of the amendment to ensuring that the Labour Code would be in conformity with the requirements of international labour standards. According to the Government, the draft amendment will be subject to inter-ministerial consultation and will be sent for comment to trade unions and employer organizations prior to submission to the national parliament. The Committee would be grateful if the Government would continue to provide information on the adoption of the draft amendment to the Labour Code and on the future work of the above-mentioned Committee. It trusts that the Labour Code, as amended, will give full effect to the provisions of the Convention.

2. Noting that a draft Rights and Freedom Charter has been elaborated and submitted to parliament, the Committee requests the Government to supply a copy upon its adoption. The Committee also recalls that work had been undertaken on the revision of the Constitution. It requests the Government to provide information on the revision process and continues to hope that the revised Constitution will be in full conformity with the provisions of the Convention.

3. The Committee notes the activities undertaken in 1990 and 1991 by the Office of the Commissioner for Civil Rights Protection concerning the protection of the principle of equality of opportunity and treatment in employment and the Commissioner's work in handling various individual cases alleging discrimination on grounds of sex, religion and political opinion. In particular, the Committee notes with interest that, in regard to cases concerning dismissal of teachers or educational administrative staff based on political grounds, the Commissioner emphasized the inappropriateness of any criteria of evaluation and employment of people in education, other than their professional and ethical qualifications and found criteria of philosophy of life or political opinions to be irrelevant. The Committee requests the Government to continue to provide information on these activities, including copies of the detailed annual reports and other materials prepared by the Commissioner for Civil Rights Protection.

4. The Committee would be grateful if the Government would supply copies of court decisions, in particular those of the High Administrative Court, concerning cases in which direct or indirect discrimination in employment or occupation has been alleged.

5. The Committee takes note of the Government's statement that on 28 February 1992 the Government Plenipotentiary for Women and Family Affairs was dismissed and her office is being reorganized. The Committee also takes note of the comments of the National Commission of NSZZ Solidarnosc on the Polish Government's report submitted in 1992 under Article 19 on Convention No. 156, which state that female workers with family responsibilities have become a group particularly vulnerable to dismissals, most notably amongst them single female workers with family responsibilities and those on child-care leave. The Committee accordingly requests the Government to provide information on the measures taken to reorganize the office of the Plenipotentiary and to appoint a new Plenipotentiary. It also requests the Government to provide full details on the measures taken to ensure the effective promotion and implementation of a national policy on equal opportunity and treatment between women and men in access to vocational training, access to employment and to particular occupations, terms and conditions of work and security of employment. It further requests the Government to provide information on the grounds upon which pregnant women and women on child care leave may be dismissed from their employment.

6. Noting the work in progress on the elaboration of legislative texts, the Committee once again requests the Government to supply copies of legislative texts upon their adoption and to provide information on the national policy pursued, in the framework of the institutional and economic changes taking place, to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour, religion, political opinion, national extraction or social origin. In this context, please indicate the steps taken to promote equality of opportunity and treatment: (a) in employment, vocational training, vocational guidance and placement services under the direct control of a national authority; (b) through legislation and educational programmes; and (c) through collaboration with the employers' and workers' organizations and other non-governmental bodies.

7. The Committee is addressing a request directly to the Government on other points.