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Udział NSZZ „Solidarność” w opracowaniu nowego projektu ustawy o związkach zawodowych w latach 1980–1981

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Wilczok K.
Pamięć i Sprawiedliwość
|
2018
|
issue 31
429-464
EN
After signing of the August – September Agreements in 1980, the Polish authorities obligated to legal sanction of them. Serious changes were required in the current, very laconic Trade Unions Act from 1st July 1949. That act did not enable to found an independent trade union in a communistic state. The crucial aim of this article is to define the essential contribution of The Independent Self-governing Labour Union “Solidarity” in assumptions of the act, a description of course and atmosphere of works over its project and the final result of those efforts. On 23rd September 1980 The Council of Polish People’s Republic founded a special team for preparing a draft legislation of Trade Unions. The delegation of The Independent Self-Governing Labour Union “Solidarity” (in Polish NSZZ “Solidarność”) was invited to work on that draft. From 17th October 1980 to 26th April 1981 the team had eight plenary sessions. As a result of those sessions, a complete draft of the Act should have Republic. During those meetings discussions were held on various issues such as: a registration of trade unions, compliance of activities of trade unions with The Polish People’s Republic Constitution and Convention No 87 of International Labour Organization, the agricultural self-government, self-employed professionals, students’ and farmers’ trade unions. What is more a right to strike, acceptable kinds of strikes, payment for a protest, legitimacy of founding workers’ councils, a conception of collective labour agreement for joint professions and a problem of social agreements in workplaces were being widely discussed. Thanks to the participation of “Solidarność” delegation, the prepared draft had a lot of modern solutions. The Council of Polish People’s Republic did not accept a few of them and introduced changes that limited possibility of founding trade unions and organization of strike for a lot of professions. Trade Unions Act was adopted neither at that time nor before 13th December 1981 when martial law in Poland was imposed. It happened upon 8th October 1982. The new act outlawed The Independent Self-governing Labour Union “Solidarity”. On the other hand, only thanks to foundation of “Solidarity” a provision about right to strike was included in that act that was not in the act from 1949.
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