Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the Government's report and the comments of the independent self-governing trade union "Solidarnosc".

Articles 2 and 3 of the Convention. With reference to its previous comments and the comments of "Solidarnosc", the Committee notes with interest the Government's assurance in its report that a Bill is being examined to amend the Trade Union Act of 23 May 1991 which imposes restrictions on the right to organize of officials holding senior posts (sections 40 and 42), so as to ensure that this category of public servants has the right to form and join organizations for the defense of their interests. The Committee also notes from the Government's report that the amendment of the Trade Union Act contains provisions on the representative nature of trade union organizations and that once it has been adopted, the Government will be able to provide further information on the structure and practical functioning of inter-union national organizations and their relationship with first-level unions.

The Committee hopes that the provisions that are being drafted will be consistent with the principles of freedom of association and, in particular, that they will ensure that all workers, without distinction whatsoever, including officials holding high-level posts, have the right to form organizations for the defense of their interests, and that they will contain objective, precise and predetermined criteria concerning the facilities granted to the most representative organizations, so as to preclude any possibility of partiality or abuse.

The Committee asks the Government to provide information in its next report on any developments in these matters.