Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's reports for the period up to 30 June 1999. It also notes the observations by the Independent Self-Governing Trade Union "Solidarnosc-80" (Enterprise Committee of the Enterprise "Osrodek Badawczo-Rozwojowy Gospodarki Remonotowej Energetyki" -- "OBR-GRE" ("Centre for the Research and Development in the Area of Management and Renewal of Energy")).

1. The Committee notes that in its observations "Solidarnosc-80" alleges that the control exercised by the State Labour Inspection with regard to OBR-GRE is tendentious, superficial and deforms in its conclusions the provisions of the collective labour agreement of the enterprise and other legal texts. The observations further indicate that the interpretation of the material provisions of labour law, given by the labour inspection, are systematically losing their substance and favour the employer by allowing him to act arbitrarily and to exploit his employees. Noting that the Government has not replied to these observations, the Committee hopes that it will provide such information in its next report.

2. Articles 4 and 6. Supervision and control of a central authority; status and conditions of service of the inspection staff. The Committee notes that the State Labour Inspection in Poland is subordinate to the Sejm (Lower Chamber of the Parliament of Poland) and that the supervision over the State Labour Inspection on behalf of the Sejm is exercised by the Labour Protection Council within the scope determined by law. The Committee asks the Government to indicate the measures envisaged to amend the legislation in order to guarantee: (i) the stability of employment to all labour inspectors (including officials employed after 27 January 1995); and (ii) as regards labour inspectors, the independence from external influences of employees performing control activities or exercising supervision, as provided by paragraph 2 of section 24 of the Law on the State Labour Inspection.

3. The Committee further asks the Government to provide detailed information on the application of the following provisions of the Convention:

Article 8. Please indicate the number of women inspectors and whether any special duties are assigned to them.

Article 9. Please indicate whether technical experts and specialists who are not members of the inspection staff are associated in the work of the labour inspection and, if so, what are the forms of such association.

Article 12, paragraph 1(c)(iii). Please indicate whether labour inspectors have the powers provided for in this provision of the Convention, and provide, if so, information on the relevant provisions of the national legislation.

Article 15, paragraphs (b) and (c). Please indicate whether the Act on the State Labour Inspection has been amended to give effect to these provisions.

Article 18. The Committee asks the Government to indicate the specific penalties prescribed by the Code of Petty Offences and the Penal Code for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties.

Article 27. Please indicate whether arbitration awards and collective agreements upon which the force of law is conferred are enforceable by labour inspectors.

Parts IV and V of the report form. Please give a general appreciation of the manner in which the Convention is applied.

4. The Committee also asks the Government to provide copies of the following documents:

-- the text of the most recent annual speech of the Chief Labour Inspector to the Sejm;

-- the latest annual report on the activities of the State Labour Inspection;

-- the Act concerning the Social Labour Inspection;

-- Government Resolution No. 123.