Statements, decisions, apeals

Appeal of the Presidium of the National Commission of NSZZ "Solidarność"No 63/08
concerning the events in Tibet

For many years NSZZ "Solidarność" has fought a non-violent struggle, receiving gestures of solidarity and support from all over the world. Protection of fundamental freedoms and human rights is one of the most important experiences of our Trade Union. Therefore, we cannot be indifferent towards blood shed by Chinese authorities during cruel dispersion of peaceful demonstrations taking place in Tibet on the occasion of 49th anniversary of Tibetan uprising against Chinese occupation.

Tibetan nation has been occupied and systematically exterminated by Chinese People's Republic since 1950. It takes place before the eyes of the entire world and with tacit consent of the biggest economic powers, and their attitude towards Tibetan people stands in contradiction with basic democratic values, recognized and propagated by these countries.

NSZZ "Solidarność" calls on the authorities of the Chinese People to stop persecution of the Tibetan nation and destruction of their culture - the nation which itself on religious grounds renounced all forms of violence and does not constitute a threat to China. We also appeal to all the country leaders to use any feasible means to discourage Chinese authorities from using repressive measures, tortures and imprisonment of Tibetan citizens and to urge Chinese government to enter into a dialogue with the Tibetan leader, the Dalai Lama.

We would like the 21st century to be the time when people do not experience extermination and can live in peace and prosperity.

Statement No 4 of the National Commission of NSZZ "Solidarnosc"
concerning cooperation between ITUC and ACFTU

The National Commission of NSZZ "Solidarnosc" appeals to the General Secretary of the ITUC Guy Ryder to seek - within the mandate extended to him by the General Council - ways of establishing contact with the All-Chinese Federation of Trade Unions (ACFTU) in line with the 'Declaration of Principles' of the ITUC.

The report on China, introduced during the General Council meeting in Washington in December 2007, leaves no doubt as to the nature of the ACFTU, stating that 'as a state-controlled organisation, it cannot be a genuine representative of working people, and on the contrary, is an integral component of a system which denies workers their fundamental rights'; e.g. by giving consent to the government's refusal to ratify the core ILO Conventions 87 on freedom of association and protection of the right to organise and 98 on the right to organise and collective bargaining. Moreover, the report confirms that the ACFTU 'is constitutionally obliged to accept the leadership of the ruling Communist Party'. In the light of such vast incompatibility of principles between the ACFTU and ITUC, it is clear why the stage of the 'critical dialogue' had brought no progress in the field of human rights and trade union rights in China, and later on transformed into a boycott against the ITUC imposed by the ACFTU in 2005, after the latter had lost the elections to the Governing Body of the ILO. It is understandable that the boycott is problematic for organisations from countries whose companies invest in China; it must not, however, constitute a pretext to contradict our principles.

The real problem, however, for the international trade union movement and above all for the Chinese workers, is not the boycott against the ITUC, but the absence of an independent and democratic workers' representation in China, as well as the problem of the country's failure to observe human rights and international labour standards. Therefore, the blackmail by the ACFTU cannot be effective, and it is absurd to expect the ITUC to succumb to the demand of replacing a representative of its independent and democratic member organisation with a delegate of an organisation subordinated by its constitution to the Chinese Communist Party, even if the ACFTU were still expressing open hostility towards proposals of commencing the dialogue with the ITUC.

China is a huge country with magnificent history and great traditions, a country which is presently benefiting from globalisation but also experiencing difficulties stemming from this process. The Founding Congress of the ITUC, which took place in Vienna in November 2006, recognised in its programme declaration that ensuring general respect for the basic workers' rights is one of the biggest challenges of globalisation. The ACFTU might play a key role working towards this goal in cooperation with the ITUC as well as in the Governing Body of the ILO. For there is a way that might lead the ACFTU to the Governing Body. It is only necessary to enter into the dialogue with the ITUC, to make public declaration in support of the campaign to observe human rights and international labour standards in China, to undertake democratisation of structures and to demand political independence.

The National Commission of NSZZ "Solidarnosc" declares its full support for the General Secretary of the ITUC, both in his efforts to start with the ACFTU a dialogue based on partnership, as well as to promote the basic principles of democratic and independent trade unionism, international labour standards and human rights. The China crisis is the first serious test of the identity, strength and consistency for the new organisation - the ITUC. Together with the General Secretary we will do our best so as to ensure that resolving this crisis strengthens and consolidates the ITUC.

Decision of the Presidium concerning the opinion to resolution of the Parliamentary Assembly of the European Council about European Social Chart (54/98)

The Presidium of the National Commission of NSZZ "Solidarność" is pleased to accept the initiative of the Parliamentary Assembly of European Council aimed to strengthen the role of European Social Chart in societies. NSZZ "Solidarność" has been postulating for broad implementation of the Chart in Poland for many years, and 4th General Assembly of Delegates has included the Social Chart to the programme documents of the union.

The initiative of the European Council is another leap - after the ratification of the Chart by Poland in 1997 - on the path leading to the improvement of social situation in Poland and to promotion of high social demands presented in the Chart which should be considered by the European countries.

The Presidium of the National Commission especially supports:

1. the opinion that the European Social Chart plays basic role in the context of the new social and economical challenges - the globalisation of the economy, imbalance between social and economical development, increase of unemployment in Europe and negative changes in social relations.
2. the opinion that the European Social Chart should become the platform of reference for whole Europe in order to create new political and social instruments which could be used in overcoming these threats.
3. the tendency towards improvement of transparency and accessibility of the procedures and capability of supervision of the observance of the ESC.
4. the postulate to broaden the role of the trade unions in the works of adequate structures of the ESC and to provide the representative organisations with the right to issue complaints in accordance to article 2 of the Additional Protocol from 1995.

Decision of the Presidium of the National Commission referring to the motion of the ratification of the ILO Convention No. 159 (122/98)

The Presidium of the National Commission of NSZZ "Solidarność" suggests that the activities leading to ratification of the ILO Convention No. 159 on the professional rehabilitation and employment of the disabled should be urgently undertaken.

Statement of the National Commission on violation of the human rights in Cuba (164/98)

NSZZ "Solidarnosc", remembering the fight the working people in Poland had to carry for respecting the inalienable human rights, expresses full solidarity with all the people of Cuba who suffer from persecution after they dared to freely express their opinions, protest against the violation of the human rights and put the communist ideology into doubts.

On behalf of the members of NSZZ "Solidarnosc" we demand the declaration of amnesty for all political detainees in Cuba and putting an end to all other forms of repression towards the political opposition.

We demand that the Cuban workers may establish free, independent trade unions according to the Convention No. 87 of the International Labour Organisation.

We demand the respect for basic human rights in Cuba at the threshold of 21st century.

Statement of the Presidium on crisis in Yugoslavia (54/99)

We are deeply shocked by the tragedy, which affected the peoples of Yugoslavia. The ethnic cleansing, assassinations committed by regular army and para-military forces in Kosovo must be immediately stopped and the authors and initiators of these crimes should be detained and judged by the international tribunal.

With great sorrow we have learned that these crime actions affected also our trade union colleagues. Agim Hajrizi, the chairman of the Assembly of the Union of Independent Trade Unions of Kosovo (BSPK), was murdered together with members of his family. Also the president of this organisation, Hajrullah Gorani, was arrested and is detained at unknown place.

We call on the Government in Belgrade to immediate stop the crime actions, to enable refugees home-coming and to resume talks which will allow to end the military intervention and to find a peaceful solution acceptable for all parties of the conflict in Kosovo and whole Yugoslavia.

We support individuals and organisations aiming to achieve peaceful solution and we express our sympathy with all, who suffered from the conflict in Kosovo and military intervention in Yugoslavia.

We are convinced that the only lasting solution, which may have stopped the tragedy in Yugoslavia, is the restoration of democracy, the rule of law, respect for human, workers and trade union rights.

We will continue our support for the efforts to achieve these objectives undertaken by our friends from all trade unions in Yugoslavia.

Statement of the National Commission on war in Chechnya (192/99)

The National Commission of NSZZ "Solidarnosc" being concerned by dramatic developments in Chechnya appeals to the Government and Parliament of Poland to undertake any possible actions for termination of the war in Chechnya and commencing peaceful talks.

Statement of the Presidium on 3rd Ministerial Conference of the WTO (179/99)

NSZZ "Solidarnosc" once more calls upon the Government of Poland to adopt a statement for the 3rd Ministerial Conference in Seattle, with an expression of support for starting of negotiations in the matter of the core labour standards. We are convinced that the international community should create an effective way of enforcement of the ILO standards by all parties. This means that the WTO Conference should appoint a negotiation working group for relations between the trade and world-widely recognised core labour standards.

Hitherto existing Governmental statement of separation of the problem of labour standards from the issues of international economic exchange within the WTO brings into question its determination in the actions for respecting of the human rights, workers rights and trade union rights all over the world, and also opens to doubts the correctness of its economic analysis in the matter. For it is clear that a domestic producer finds himself on a loosing position in the dishonest competition used by the countries who take advantage of slave labour, child labour or lowering the costs by violating the core labour standards.

Therefore, in the interest of our country and workers from all over the world, we appeal to the Government for changing its statement and supporting the start of negotiations in the matter of the core labour standards.

Statement of the Presidium on Chechnya refugees (1/2000)

The Presidium of the National Commission of NSZZ "Solidarnosc" applies to the Government of Poland to make it possible, due to humanitarian reasons, for the war refugees from Chechnya to cross Polish border and to be granted the proper legal status in Poland and to provide them with proper shelters.

Poland should do its best to guarantee the safety to Chechnya refugees, especially in the light of the fact that there are specialised service for refugees.

Appeal of the Presidium on ratification of the Reviewed European Social Charter from 1996 (20/2000)

The Presidium of the National Commission of NSZZ "Solidarnosc" appeals to the Government of Poland to undertake actions towards ratification of the Reviewed European Social Charter from 1996. At the same time we appeal for urgent ratification of the following documents:

1. Additional protocol to the European Social Charter from 1988
2. Additional protocol to the European Social Charter setting the system of collective complaints from 1992.

Ratification of these protocols should be treated as an element of preparation to ratification of the Reviewed European Social Charter. Implementation of the mentioned documents is especially important for the development of the social dialogue and execution of the provisions of the Charter through the use of the system of collective complaints.

Statement of the Presidium on support for KOZ SR in establishing of Trade Union University in Bratislava (71/2000)

The Presidium of the National Commission of NSZZ Solidarnosc supports the Confederation of Trade Unions of Slovak Republic (KOZ SR) in the matter of establishing of Trade Union University in Bratislava. This university would be an education centre on the level of higher education for Slovakian trade union activists with a perspective of broadening its activities onto other countries of Central and Eastern Europe.

In the countries that are on the way of economic transformation and are at the door of European Union the social dialogue plays especially important role. The better social partners, including trade unions, are prepared to this dialogue, the bigger chance to overcome the challenges the CEE counties are facing and to ensure a stabile development of the region. The establishment of the Academy of the Confederation of Trade Unions of Slovak Republic may be an important step towards this goal.

Statement of the Presidium on violation of trade union rights in Belarus (14/04)

In connection with constant violating of trade union and workers' rights by the government of the President Lukashenka in Belarus, the Presidium of the National Commission welcomes with satisfaction the European Commission procedures on eduction of the ICFTU, WCL and ETUC supported by NSZZ "Solidarnosc".

These procedures should lead the EU to decide to retake from Belarus trade privileges stemming from Universal System of Preferences. This procedure was implemented following the appointment of the investigation commission by the ILO for examining violation of trade union rights, including arresting trade union activists, illegal dismissals from work, intimidation and violation of right to organise in Belarus.

At the same time, the Presidium of the National Commission firmly opposes the action announced by representatives of Polish government to organise opposition blocking the EU decision on sanctions.

The declaration of support for the President Lukashenka confirms the policy of reducing trade unions and workers' rights the present Polish government constructed by SLD-UP coalition.

Decision of the Presidium of the National Commission on the opinion on the draft of the Green Book on modernising the labour law in order to cope with the challenges of the 21st century (7/07)

The Presidium of the National Commission of NSZZ "Solidarnosc" having analysed the draft of the Green Book on Modernising the labour law in order to cope with the challenges of the 21st century, presents the following opinion:

One of the essential goals of the Lisbon Strategy should be to pursue full productive employment on the ground of labour relations based on indefinite labour contracts.

NSZZ "Solidarnosc" is of the opinion that indefinite labour contract guaranteeing maintaining of the so-called general protection of the labour relation stability should be the main basis of performing the subordinate labour.

However, considering the changes on the labour market and the necessity for coping with the challenges of globalisation, we see the need for a debate on the European definition of "subordinate worker" (so-called economic definition of an employee) that would include any person performing work in the conditions of economic dependence from a contractor, and including some persons that perform work based on the civil law. A necessary precondition of such a debate would be taking up the discussion on the minimum protection standard of the work performed by subordinate employees. Developing a precise definition of the self-employment, that would allow for distinguishing self-employed persons from subordinate employees, should be a consequence of the European definition of a subordinate employee.

We must be aware of the fact that the labour law is not the only instrument for achieving the goals assumed in the presented document. Deliberations on the flexibility and stability f employment should take place on many levels and should include both macroeconomic instruments as well as instruments of the social policy, as it is easy to get trapped in the situation we experienced in Poland some 5-6 years ago. The slogan presented at that time said that the labour law is the sole reason of high unemployment. This approach proved to be wrong. In this context it is also necessary to resolve the issue of the role and character of the labour law. We must answer the question whether the labour law should strictly be limited to rational regulating of the labour relations, or should it play a broader role in the area of implementing the social policy of the state? It is not only a theoretic problem, as there is a question whether the support for the employees shifting from one professional status to another, or assistance for persons experiencing problems on the labour market should be the matter of the labour law or the social policy?

The amendment of Polish labour law from 2002 was aimed at making the principles of employing the workers more flexible. The implemented changes significantly reduced the stability of employment. In some places the standards of employment protection failed to meet the norms defined in the EU law. Full freedom of fixed-term contracts may be an example of that. Accession of Poland to the EU in 2004 made it necessary to respect the protection norms of the European labour law. From the trade union perspective the barriers present in Polish labour law that protect the employees against increased uncertainty of employment are insufficient. As a consequence of this situation there is a dynamic development of new forms of performing work e.g. atypical labour contracts (fixed-term contracts, temporary work, part-time contracts) as well as work performed on the basis of civil law contracts on performing services and self-employment. In Poland, the work performed on the basis of fixed-term contract guarantees no stability of employment. Poland only formally implemented the 99/70 Directive on the Framework Agreement on the fixed-term labour between UNICE, CEEP and ETUC. The mechanism limiting the freedom of fixed-term contracts to maximum two such contracts between the same employee and employer, which is implemented in the national law proves to be completely ineffective. There are fixed-term contracts signed for very long periods (there are even fixed-term contracts for over ten years). They may be terminated at any time without any limitations with only 2-weeks notice. In this context it is necessary to pose a demand for authentic barriers limiting the freedom of fixed-term contracts. NSZZ "Solidarnosc" has for many years demanded to reduce the maximum period of a fixed-term contract regardless of the number of subsequent contracts.

Another problem refers to raising barriers for the practice of employing workers on the basis of civil law contracts including so-called self-employment. Such amendments should go in two directions. First, there should be barriers preventing the practice of so-called fictitious self-employment when a person performs the work as a separate legal person in the same conditions as it was performed based on the labour contract. This practice of forcing the employees, with the abuse of economic advantage of an employer, to open their own business and perform work within the economic dependence to the same employer is more and more frequent in Poland.

The Labour Code should explicitly forbid replacing a labour contract with a civil law contract maintaining the same working conditions characteristic for labour relations also within the business activities run by an employee. Mechanisms for effective supervision of this ban should be developed, and any violation of it should lead to severe financial punishment in the area of tax law and social insurance law. Secondly, the cases of performing work on the basis of the civil law contracts (including self-employment) should be covered by some protective regulations of the labour law.

It is worth noticing that implementing the considered amendments aiming both at more flexible labour law and greater stability of labour relations is not possible in Poland with the use of the instruments of collective labour law (e.g. through collective agreements). The attempt made in 1994 to change the model of the labour law from legal acts to collective agreements was unsuccessful. Employers and their organisations were reluctant to conclude agreements knowing that "getting free" from the agreed working conditions and remuneration levels would have been possible only with the consent of trade union organisations e.g. though concluding a new agreement. The sentence of the Constitutional Tribunal from 2002, the effect of which was implementing freedom of terminating collective agreements, gave many employers the opportunity to be free from inconvenient employment standards, and the collective agreements unfortunately lost their lasting character. To greater and greater extent the power of regulating working and remuneration conditions was transferred to remuneration regulations being in fact a unilateral act of the employer.

In the end, quoting the evaluated document, it is worth noticing that "integrated guidelines for growth and employment emphasise the need for adopting a labour law that promotes flexibility mixed with security of employment and decreased segmentation of the labour market".