Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the follow-up given to the recommendations of the Committee on Freedom of Association in Case No. 1785 (see 305th Report of the Committee on Freedom of Association, paragraphs 57 to 59), approved by the Governing Body in November 1996.

The Committee notes that the Committee on Freedom of Association refers to the amendments which entered into force on 4 August 1996, to the Act of 25 October 1990 concerning restitution of trade union assets. The Act will allow the Government to institute a procedure for transfer of assets under which the assets of the former Central Council of Trade Unions will be shared equally between NSZZ Solidarnosc and the All-Poland Trade Union Alliance (OPZZ). The draft agreement for distribution of assets between the two bodies has not been concluded and the Minister of Labour must, under the new law, draw up a list of assets and determine by Order, in consultation with the two unions, which shall be the exclusive property of each. The Order should be issued before 30 June 1997.

The Committee notes this information and expresses once again the hope that the Government and the trade unions concerned will continue to seek an equitable solution through negotiation and consultation, so that the trade unions may exercise their activities effectively, in full independence and on an equal footing.

The Committee requests the Government to send it a copy of the text of the Order as soon as it is issued.

The Committee is addressing a direct request to the Government on certain other points.