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$Unique_ID{COW02943}
$Pretitle{362}
$Title{Poland
Appendix B. The Gdansk Agreement}
$Subtitle{}
$Author{Harold D. Nelson}
$Affiliation{HQ, Department of the Army}
$Subject{trade
government
unions
point
strike
states
regard
committee
decided
inter-factory}
$Date{1984}
$Log{}
Country: Poland
Book: Poland, A Country Study
Author: Harold D. Nelson
Affiliation: HQ, Department of the Army
Date: 1984
Appendix B. The Gdansk Agreement
[Protocol of Agreement between the Government Commission and the
Inter-Factory Strike Committee concluded on August 31, 1980, at Lenin
Shipyard, Gdansk]
Having examined the 21 demands submitted by the strikers, the government
commission and the Inter-Factory Strike Committee have adopted the following
decisions:
With regard to Point One that states: "To accept free trade unions
independent from the party and employers as provided for by International
Labour Organisation [ILO] Convention 87, which was ratified by the Polish
People's Republic and which concerns trade union freedoms," it was agreed:
1. The performance of trade unions in the Polish People's Republic has
not fulfilled the hopes and expectations of employees. It is considered
expedient to establish new self-governing trade unions that will genuinely
represent the working class. No one will have his right to remain in the
present trade unions questioned, and it is possible that the two trade unions
will establish cooperation in the future.
2. In view of the establishment of new independent and self-governing
trade unions, the Inter-Factory Strike Committee declares that they will
observe the principles laid down in the Constitution of the Polish People's
Republic. The new trade unions will defend the social and material interests
of employees and do not intend to play the role of a political party. They
endorse the principle that the means of production are social property-a
principle that is the foundation of the socialist system in Poland.
Recognizing that the Polish United Workers' Party (PZPR) plays the leading
role in the state and without undermining the existing system of international
alliances, they seek to ensure for the working people suitable means of
control, of expressing their opinions, and of defending their interests.
The government commission declares that the government will guarantee and
ensure complete respect for the independence and self-management of the new
trade unions both as regards their organizational structure and the
performance of their functions. The government will ensure for the new trade
unions all opportunities for fulfilling their basic functions in defending the
interests of employees and implementing their material, social, and cultural
needs. At the same time, the government guarantees that the new trade unions
will not be subjected to any discrimination.
3. The establishment and activity of the independent, self-governing
trade unions are consistent with ILO Convention 87, which concerns trade union
freedoms and the defense of trade union rights, and ILO Convention 98, which
concerns the right of association and the right to collective bargaining. Both
conventions have been ratified by Poland. The diversification of trade unions
and employee representations will require suitable legislative amendments. In
this connection the government pledges to introduce legislative proposals
concerning in particular the law on trade unions, the law on workers'
self-government, and the labor code.
4. The established strike committees can, if they want, transform
themselves into factory employee representation bodies, such as workers'
committees, employees' committees, workers' councils, or the founding
committees of the new self-governing trade unions. As the founding committee
of those trade unions, the Inter-Factory Strike Committee is free to choose
the form of a single union or association within the coastal region. The
founding committees will function until new authorities are elected in
accordance with the statutes. The government pledges to create conditions
for the registration of the new trade unions outside the register of the
Central Trade Union Council.
5. The new trade unions should enjoy genuine opportunities for publicly
evaluating the key decisions that determine the working people's living
conditions: the principles of dividing the national income between consumption
and capital investment, the allocation of social welfare funds for various
purposes (health, education, culture), the basic principles of pay and wage
policy-particularly the principle of automatic cost-of-living adjustments to
offset inflation, long-term economic plans, investment policy, and price
changes. The government pledges itself to ensure conditions for the exercise
of these functions.
6. The Inter-Factory Strike Committee will establish a center for social
and labor studies, whose task will be objectively to analyze the employees'
situation and living conditions and also methods of representing employees'
interests. The center also will prepare expert opinions on the wage and price
indexes and will propose compensation plans. It will publish the results of
its research. In addition, the new trade unions will have their own
publications.
7. The government will ensure that the provisions of Article 1, Paragraph
1, of the 1949 Trade Union Act, which stipulate that workers and employees are
guaranteed the right to voluntary association in trade unions, are observed in
Poland. The new trade unions will not join the association represented by the
Central Trade Union Council. It is agreed that the new law will preserve this
principle. Representatives of the Inter-Factory Strike Committee or of the
committees that will found the self-governing trade unions and representatives
of other workers' bodies will be ensured participation in formulating this
law.
With regard to Point Two that states: "To guarantee the right to strike
and to guarantee security for strikers and for persons helping them," it was
decided:
The right to strike will be guaranteed in the trade union law now under
preparation. The law should define the conditions for initiating and
organizing strikes, the methods of settling disputed questions, and
responsibility for violating the law. Articles 52, 64, and 65 of the Labor
Code cannot be applied to the participants in a strike. Also, the government
guarantees for strikers and for the persons helping them personal security
and the maintenance of prevailing working conditions until the law is passed.
With regard to Point Three that states: "To observe freedom of speech and
the printed word, that is, not to repress independent publications and to make
mass media available to representatives of all religions," it was decided:
1. Within three months the government will introduce in the Sejm a draft
law on control of the press, publications, and entertainment-based on the
following principles. Censorship should protect the interests of the state.
This means the protection of state and economic secrets, the extent of which
will be more closely defined by legislation, and the protection of the state's
security and important international interests. This also means the protection
of religious beliefs and, at the same time, of the rights of nonbelievers. It
means preventing the dissemination of materials harmful to morals. This draft
law will also deal with the right to appeal to the Supreme Administrative
Tribunal against the decisions of the agencies responsible for control of the
press, publications, and entertainment. This law will be enacted through
modifications to the Administrative Procedure Code.
2. The use of the mass media by religious associations for their
religious activities will be arranged by agreement between state bodies and
the interested religious associations. The government will see to it that the
radio will broadcast Sunday Mass under a detailed acc