WORLD
Poland’s new trade unionlaw

sets out rights, responsibilities

Poland’s new law on trade unions in-
dependent from organs of state and eco-
nomic administration, enables unions
to play a direct role in legislation affect-
ing the rights and interests of working

As such, however, it is still not the
last word. The new law itself specifically
states that after three years of its coming
into effect, ‘‘the Council of State, upon
consultation with trade unions, will as-
sess the course of the implementation of
the Law and if need be will initiate its
amendment”’ (Article 53).

The 21-page statute, consisting of 56
Articles divided into seven Chapters,
was adopted by the Sejm (Parliament) of
the Polish People’s Republic, Oct. 8,
this year. It replaces prior trade union
legislation and codifies structural pro-
visions for the new unions envisaged

under the Act.

The right to strike is covered in Chap-
ter 5. Article 36 states: ‘‘Trade unions
have the right to organize strikes
according to principles defined in the
present Chapter.”’ And Article 36 adds:
‘*Trade unions can also undertake other
forms of protest which do not violate the
legal order and the principles of social
co-existence.”

Article 37 notes (as do trade unionists
everywhere) that a strike is “‘an ultimate
measure.”’ A strike can therefore not be
undertaken prior to exhausting certain
provisions of Articles 33-35. These are
not unlike conciliation and arbitration
measures prevailing in Canada, for
example. Arbitration is not binding un-
less both parties give prior consent.

Under Article 38, a strike is an-
nounced following majority approval of
the workers concerned by secret ballot,
and consent of a superior organ of the

union. Voting for strike action is volun- ~

tary.

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USSR marks 60th anniversary

The Soviet Union is celebrating the 60th anniversary

Participation in a strike, states Article
44, ‘‘does not imply the violation of em-
ployees’ duties and cannot result in
negative consequences for the
strikers.’’ This also applies to other
forms of protest, as in Article 36.

During a strike, under Article 45, ‘‘an
employee preserves the right to social
insurance benefits and other benefits
stemming from the work contract, ex-
cept the right to remuneration.”’ But
trade unions may form a strike fund, not
subject to seizure, to make up
remuneration lost by strikers.

Participation in a strike is voluntary.
Article 38 states: ‘No obstacles must be
made for undertaking work if there are
conditions for undertaking it by
employees who do not participate in the
strike or gave up their participation in
Bag

Under Article 39, strike organizers
are duty bound to cooperate with
management against property damage
and to ensure ‘“‘uninterrupted work of
installations and equipment the stop-
ping of which may constitute a threat to

human life or health or cause irreparable >

loss.”

Under Article 40, certain workers are
exempt from the right to strike. These
include employees linked to the Min-
istries of National Defence and Internal
Affairs, fire fighting officers, certain
food industry and drug store workers,
and employees in health service, social
care establishments, education and
daycare centres.

As well, the right to strike is not ves-
ted with employees in state administra-

__tion, banks, courts, oil and gas pipe-

lines, transit servicing and various areas
of communications.

In relation to the railways and other
transport enterprises and public
utilities, ‘“‘it is mecessary to ensure
indispensable services concerning the
defence capacity and security of the
state and basic needs of the popula-
tion.”’ For this purpose, strike organiz-
ers are duty bound to cooperate with
work establishment managers, heads of
local state administration and appro-
priate military organs.

Strikes are prohibited in areas of
natural calamities, and strikes of poli-
tical character are inadmissible.

On trade union independence, Article
1 states: ‘‘Trade unions are self-govern-
ing,’* subject only to the law of the land.

' press its opinion in public,

In their statutory activity, continues Ar-
ticle 2, ‘‘trade unions are not subject to
supervision or control on the part of the,
organs of state administration.”

Further: ‘‘Organs of state and eco-
nomic administration are obliged to re-
frain from any action leading to limita-
tion of the independence of the trade
unions or their activity compatible with
the law.”’

In a generalized statement, Article 3
states that trade union statutes ‘‘should
be compatible with the Constitution of
the Polish People’s Republic and other
laws ... adhere to the principles of so-
cial ownership of the means of produc-
tion . . . recognize the leading role of the
Polish United Workers’ Party ... (and)
the constitutional principles of the for-
eign policy of the Polish People’s
Republic.”

The role of the trade unions in the
work place and in society in general is
spelled out. Article 6: ‘“‘Trade unions
represent and protect the rights and in-
terests of employees insofar as the
working conditions, wages, and social
and living as well as cultural conditions
are concerned.’ In addition: ‘‘Trade
unions co-participate in the shaping and
implementation of the tasks of the
socio-economic development of the
country, act in favor of multiplying the
national income and its just distri-
bution.”

Chapter 3 carries the overall role and
rights of trade unions further. Article 21
gives trade unions the right to submit
opinions on drafts of legal acts and deci-
sions affecting workers. Also, in mat-
ters ‘‘which are of great importance for
the working people,’” trade unions are
ensured participation in preparatory
work on draft legal acts or decisions.”’

A trade union ‘thas the right to ex-
7 and 1s
‘guaranteed the right’’ to present its
opinions to the Sejm. Trade unions also
have the right to initiate motions to
amend legislation affecting workers,
under article 22.

Article 28 gives trade unions ‘‘the
right to conduct their own publishing
activity ... (and) to present union is-
sues in the mass media... in accord-
ance with regulations on the operation
of the mass media.”

To enable trade unions to fulfill their
role and take full advantage of their
rights, Article 29 states:

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_“Organs of state and econom
administration are obliged to crea
conditions facilitating trade unions t
implementation of their rights, an
particular to inform them about mai
covered by trade union activity and
them access to documentation pert
ing to employee issues, with a re
vation that they are obliged to preser
state, economic and official secrets.”

On the structure of the new tral
unions, membership is first of all vol
tary; one may join or not without p
judice (Article 4). As to membersh
composition, Article 10 states: ‘‘A
union affiliates employees working in
given branch, in a given kind
employment or profession.’’ Article
adds that old-age or disability p
sioners are not deprived of the right
join a union.

All members of a union have the ight
to vote and be elected, with elections!
secret ballot (Article 17).

Under Article 20, trade unions
the right to form associations
inter-union organizations, while Art
23 gives unions the right to conclu¢
collective labor agreements on a
tional scale. Article 8 further gives trat
unions the right to join internation
labor organizations.

With some adjustments possible, 4
ticle 53 provides a schedule for phast
in the structuring of the new t
unions. Work enterprise organizat
are to commence after Dec. 31, 1
nationwide trade union organizat
after Dec. 31, 1983, and inter-u
associations and organizations
Dec. 31, 1984.

of the founding of the new type of federated state in
which each constituent republic and the union as a whole
enjoy sovereignty and people of all nationalities are
guaranteed equal nghts.

While the actual anniversary is Dec. 30, the cele-
brations are all year long and were prominent also in the
6Sth anniversary of the October Revolution Nov. 11.
After all, it was the revolution led by Lenin and his
Bolshevik (Communist) Party that led to the Soviet
Union being established.

_ While the Russian workers were in the lead, the revo-

lution was made by all the working people of Russia. The
Second All-Russia Congress of Soviets, which formed
the new government headed by Lenin, was composed of
delegates from all parts of Russia.

One of the government's first acts was the Decree on
Nationalities which declared the right of self-deter-
mination of nations: Finland and Poland were permitted
to secede without any hindrance.

The classes that had been overthrown and their
foreign patrons would not accept the verdict, the young
state had to fight for its life against counter-revolution-
aries and invading armies of 14 states (to our national
shame Canada was one of them). The blockade pre-
vented food and medicines from reaching the victims of
PACIFIC TRIBUNE—DECEMBER 17, 1982—Page 12

From
Moscow

destruction and famine — Reagan’s so-called sanctions
are nothing new. The Baltic states where workers’
power was being erected were torn away and did not
return until 1940 as the Lithuanian, Latvian and Esto-

nian Soviet Republics. The Ukrainian Soviet Socialist

Republic was proclaimed on Dec. 25, 1917 but was over-
run by German armies. The Byelorussian Soviet Re-
public was formed on Jan. 1, 1919. In Transcaucasi,
where British intervention is remembered with hate, a
federated Soviet Republic of Georgia, Armenia and
Azerbaijan was established.

Just as they had fought side by side to topple the
Tsarist regime and helped each other in the civil war and
intervention, so they now pooled efforts and resources
to restore the shattered economy. What they knew in
theory had now been confirmed in practice — that only
firm unity can guarantee defence and the building of a
new society-

That was the situation in 1922 when the peoples 0
then four existing Soviet republics each separately V
in favor of a new type of federation.

Then they elected delegates to the first joint Co
of Soviets, which on Dec. 30, 1922 unanimously dec!#!
the founding of the Union of Soviet Sociatist Republi¢

Why can the Soviet anthem proudly praise the coum”
as the ‘“‘unbreakable union of free republics’’? Bec
the people ofall sections and nationalities share the
ideas and concept of life, because the union is volu!
with the right given to every republic to secede
should so wish, because the guiding line is for the
advanced to help lift up the standard of those who
backward.

And to borrow a phrase from North A
practicalism, because it works!

From producing barely 1% of the globe’s goO*™,
ae the Soviet Union now produces 20%. Unity
that. a

Today the Soviet Union is in the front line ©
struggle to prevent a nuclear holocaust: it is our li
that they are fighting to preserve. So we Canadia!
the Soviet Union’s anniversary not only as
bors but also because we are comrades-in-arms
great cause of peace and social progress.

le