Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

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

1. 261. The Committee last examined this case at its March 2008 session [see 349th Report, paras 242–252]. On that occasion, the Committee expressed the regret that no decision had yet been reached in the case of the termination of the employment contract of Mr Zagrajek, trade union leader at Frito Lay Ltd, filed in December 2005. Expecting that this case would be decided without further delay, the Committee requested the Government to keep it informed of the final outcome. The Committee further requested the Government to provide the decisions of the District Prosecutor’s and District Court for the Capital City of Warsaw, which had both concluded that there was an absence of any violation of trade union rights at Frito Lay Ltd. It also requested the Government to continue providing information on concrete measures taken to ensure that the principles of freedom of association and collective bargaining are applied adequately, particularly as regards the effective recognition of unions and the provision of adequate protection against acts of anti-union discrimination and interference, as well as to provide information on any progress reached with regard to the development of an impartial and independent method for verifying trade union representativeness, in consultation with the social partners.
2. 262. In its communication dated 1 September 2008, with reference to the case filed by Mr Zagrajek, the Government indicates that in 2008, the District Court in Pruszków held three evidentiary hearings. The last session set for 3 July 2008 did not take place, due to illness of the reporting judge. It is expected that this case will be settled before the first instance Court before the end of 2008. The Government transmits copies of the decisions of the District Prosecutor and of the District Court for the Capital City of Warsaw concerning the alleged violations of trade union rights at the Frito Lay Ltd.
3. 263. The Committee notes the information provided by the Government and the abovementioned decisions. With regard to the case of Mr Zagrajek, once again, regretting a lengthy delay in concluding the proceedings in this case, the Committee expects that the Government will be in the position to provide information on its final outcome in the very near future.
4. 264. Noting with regret that no information has been provided with regard to its other outstanding recommendations, the Committee observes that similar matters are being raised by the Committee of Experts on the Application of Conventions and Recommendations and refers the follow-up of those legislative aspects to it.