Act Of 23 May 1991 On Trade Unions

Original Language Title: USTAWA z dnia 23 maja 1991 r. o związkach zawodowych

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Chapter 1 General provisions Article. 1. [Trade Union] 1. A Trade Union is voluntary and self-governing organization of working people, set up to represent and defend their rights, interests and welfare.

2. The Trade Union is independent in its statutory activity from employers, State administration and local government, and from other organizations.

3. State bodies, local governments and employers must treat equally all trade unions.

Article. 2. [the right to create and join trade unions] 1. [1] the right to create and join trade unions to employees regardless of the basis of the employment relationship, members of agricultural production cooperatives and persons performing work on the basis of the agency contract, if they are not employers.

2. (have lost power).

3. Retirement Pension does not deprive the persons referred to in paragraph 1. 1 and 2, of the law of belonging and join trade unions.

4. The unemployed within the meaning of the provisions of employment shall retain the right to belong to trade unions, and if they are not members of trade unions have the right to join trade unions in the cases and under the conditions laid down in statutes.

5. [2] the right to create and join trade unions in workplaces have also addressed to those centres in order to foster care.

6. The trade union rights of police officers, border guards and prison officers and firefighters State fire service, as well as employees of the Supreme Chamber of control shall apply mutatis mutandis the provisions of this Act, taking account of the constraints arising from the separate set.

7. The provisions of the Act relating to the employees shall apply mutatis mutandis also to the other persons referred to in paragraph 1. 1-6.

Article. 3. [belonging to the Trade Union] no one may bear negative consequences due to membership of a trade union or remain outside it or perform a function of Association. In particular, this may not be provided to connect to and remain in employment, and the promotion of an employee.

Article. 4. [Trade Union Functions] trade unions represent the employees and the other persons referred to in article 1. 2, as well as the weapon of their dignity, rights and material interests and moral, both collective and individual.

Article. 5. [to represent the interests of labour] trade unions have the right to represent the workers ' interests in international forums.

Article. 6. [Participation in the creation of working conditions] trade unions participate in the creation of favourable conditions of work and rest.

Article. 7. [Representing employees] 1. In the field of collective rights and interests of trade unions represent all employees, regardless of their trade union membership.

2. in matters of individual employment relationships, trade unions represent the rights and interests of its members. At the request of the employee, a non-member Trade Union can take to defend its rights and interests to the employer.

Article. 8. [the compliance Control] under the conditions laid down in this Act and in laws separate unions control the observance of the provisions relating to the interests of workers, retirees, pensioners, the unemployed and their families.

Article. 9. [the statutes and the resolutions of the Union] the statutes and federal resolutions determine freely the organizational structures of trade unions. Commitment to property can take only statutory bodies incorporated Trade Union structures.

Article. 10. [membership] the membership rules of a Trade Union and the Office of the Association shall establish the statutes and resolutions of the statutory bodies.

Article. 11. [National Association of] 1. Trade unions have the right to form national associations (federations) of trade unions.

2. National trade unions or associations of trade unions may form a national międzyzwiązkowe organizations (confederations).

3. Trade Union Organisations, including federations and confederations, have the right to create and join international workers ' organisations.



Chapter 2 the creation of trade unions Article. 12. [the emergence of Trade Union] 1. The Trade Union is formed by a resolution of its creation, taken by at least 10 persons entitled to create trade unions.

2. persons who have made a resolution for the formation of a Trade Union, shall adopt statutes and elect Committee of incorporation in the number from 3 to 7 persons.

Article. 13. [the Statute of Trade Union] the statutes of the Trade Union shall in particular: 1) the name of the connection;

2) established;

3) territorial and personal scope of activity;

4) goals and objectives and, therefore, ways and forms of their implementation;

5) the rules for the acquisition and loss of membership;

6) the rights and obligations of members;

7) the organisational structure of the compound with an indication of which of the organizational units therefore have legal personality;

8) represent the relationship and the persons authorized to enter into commitments on behalf of the property;

9) therefore authorities, their selection and the appeal, the scope of their powers and the term of Office;

10) sources of financing activities, and how to establish membership fees;

11) the rules adopted and amendments to the statutes;

12) how to troubleshoot connection and the liquidation of its assets.

Article. 14. [registration] 1. A Trade Union is subject to registration in the national court register, hereinafter referred to as "the register".

2. If the Committee of incorporation does not submit within 30 days from the date of the founding of the result of the application for registration, resolution for the formation of a compound is hereby repealed.

3. proceedings in matters of registration is free of charge.

Article. 15. [legal personality] 1. The Trade Union and its organizational units indicated in the statutes acquire legal personality on the date of registration.

2. (repealed).

Article. 16. [Revision of the Statute] 1. The Trade Union shall notify without delay the competent court to change the Statute. The amendment shall enter into force on the expiry of 14 days from the date of notification, if the Court has not reported previously, objections to its compliance with the law.

2. in the event of objections, referred to in paragraph 1. 1, the Court shall communicate them to the Trade Union and shall appoint a hearing for their consideration within 30 days from the date of notification by the relationship of the change of the Statute.

3. Article. 18 paragraph 1. 1 and 2 shall apply mutatis mutandis.

Article. 17. [deleting the registry of Trade Union] 1. The Court, the Trade Union shall be deleted from the registry when: 1) indicated in the statutes of the body made a resolution for dissolution;

2) workplace, where so far it worked a Trade Union, was deleted from the proper registry due to the liquidation or bankruptcy of the plant or its transformation of organizational and legal, that prevents the continuation of the activity of this compound;

3) the number of members of the Association remains below 10 for a period longer than 3 months.

2. The circumstances indicated in paragraph 1. 1 the Court finds of its own motion or at the request of the Trade Union.

3. (repealed).

Article. 18. [the case for registration] 1. Matters concerning the registration of trade unions shall be dealt with in the provisions of the code of civil procedure of non-contentious business.

2. the Matters referred to in paragraph 1. 1, the Court shall within 14 days from the date of submission of the application.

3. (repealed).

4. (repealed).



Chapter 3 the powers of trade unions Article. 19. [Reviewing the assumptions and projects set] 1. [3] Federal Organisation, a representative within the meaning of the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240), hereinafter referred to as the "law on the Council of the social dialogue", has the right to comment and draft legislation in the field covered by the tasks of the trade unions. This does not apply to the objectives of the project of the State budget and project budget, which reviewing is governed by separate rules.

2. the authorities and Government Administration and bodies of local government are guided by assumptions or draft legislation referred to in paragraph 1. 1, to the appropriate statutory authority therefore, specifying the term submit reviews of not less than 30 days. This period may be reduced to 21 days due to the important public interest. Shortening the term requires a specific justification. The deadline for the submission of reviews are counted from the day following the date of notification of the assumptions or the project along with a letter setting out the date for making reviews. Failure reviews within the prescribed time limits shall be deemed to be giving up the right of its expression.

21. Consider establishing or draft legislation referred to in paragraph 1. 1, and Government authorities and local government authorities shall also forward to the appropriate e-mail address indicated by the appropriate statutory body connection, not later than on the date of their delivery in writing.

3. in the event of rejection, in whole or in part, the position of the connection, the competent authority of the Government or a local Government shall inform the Association in writing, stating the rationale for its position. In case of disagreement the relationship can present its opinion at the meeting of the Committee of the Sejm, Senate or local government.


4. Trade unions have the right to express public opinions on the objectives or projects referred to in paragraph 1. 1, in the mass media, including radio and television.

Article. 191. [Drafting consultation documents of the European Union] 1. [4] Trade Union Organization, a representative within the meaning of the law on the Council of the social dialogue, has the right to comment the consultation documents of the European Union, in particular, white papers, green papers and messages, and draft legislation of the European Union in the field of the tasks covered by the tasks of trade unions.

2. the authorities and the State administration are governed by European Union consultation documents and draft legal acts referred to in paragraph 1. 1, to the appropriate statutory authority therefore, specifying the term submit reviews.

3. the consultation documents of the European Union and the draft legislation referred to in paragraph 1. 1, government authorities and the State administration shall transmit to the appropriate e-mail address, indicated by the appropriate statutory body.

Article. 20. [Requests for the issuance of or a change in the law] 1. [5] Federal Organisation, a representative within the meaning of the law on the Council of the social dialogue, has the right to the presence of applications for the issue or amendment of the law or other legal act in matters covered by the tasks of the Trade Union. Proposals set to Union members or bodies having the right of legislative initiative. In the case of acts downstream applications to authorities entitled to issue them.

2. The national authority to which the request was addressed is obliged within 30 days submit to the Association of professional its position, and in the event of a negative position, including its justification.

Article. 21. [collective bargaining and collective agreements] 1. On the basis of established separate provisions of the trade unions shall have the right to conduct collective bargaining and the conclusion of collective agreements, as well as other agreements provided for by law.

2. branches of work not covered by the collective regulation of working conditions and wages requires consultation with trade unions.

Article. 22. (repealed).

Article. 23. [control over compliance with labour law] 1. Trade unions exercises control over compliance with labour law and participate, on the basis of certain special provisions in the supervision of compliance with the provisions and the principles of safety and health at work.

2. In the cases referred to in paragraph 1. 1, according to the Trade Union the proceedings the body of State administration and local government or employer is unlawful or infringes the principles of Justice, the Association may apply to the competent authority with a request to cause the deletion in due course found irregularities.

Article. 24. [income from economic activity] 1. Income from business activities undertaken by trade unions pursue their statutory tasks and may not be intended to be split between their members.

2. Trade unions use the tax exemptions provided for associations.

Article. 25. [the right to unpaid leave] 1. An employee appointed to perform the function of Association outsourced work, if the choice is clear duty to perform this function as an employee, at the request of the trade union organisations – the right to unpaid leave.

11. A worker who after unpaid leave appear to work within the time limit provided for in art. 74 of the labour code, the period of leave counts for the period of work, from which depend on employee rights.

12. the Council of Ministers shall determine, by regulation, the granting of leave without pay and the scope of the powers granted to the employee the licensee of that leave.

2. The employee is entitled to an exemption from work, preserving the right to remuneration for the time necessary to perform ad hoc tasks resulting from its function of Association outsourced work, if this operation can not be performed in time free from work.

Article. 251. [Powers other than the Union umbrella organization employees] 1. Powers of federal organizations organization entitled the works of at least 10 members: 1) employees or persons performing work under a job-processing contract with the employer under the action of this organization or 2) the officers referred to in article 1. 2. 6, with service in the unit covered by the action of the organization.

2. the organisation referred to in paragraph 1. 1 shows the quarterly – as of the last day of the quarter – the period to 10. day of the month following the quarter, employers or the Commander of the unit referred to in paragraph 1. 1 paragraph 2, information on the total number of members of this organization, including the number of members referred to in paragraph 1. 1. Chapter 4 of the trade union organization Works Article. 26. [the works Union Organization] To the scope of the factory organisation Trade Union, in particular: 1) dealing with the position of the individual labor matters in the field by the law;

2) dealing with the position of the employer and the local government authority in matters of collective interests and the rights of workers;

3) exercise control over observance of labour legislation work, and in particular the provisions and the principles of safety and health at work;

4) directing activities of the social labour inspectorate and interact with State Labour Inspectorate;

5) dealing with the living conditions of retirees and pensioners.

Article. 261. [notice of the passage of the plant work on the new employer] 1. In the event of a transition at the workplace or part thereof for a new employer, the previous and the new employer is required to notify in writing to the acting on each of them occupational trade union organisations at the expected time for this transition, the reasons for it, legal, economic and social consequences for employees, as well as the intended actions relating to the conditions of employment of these employees, in particular working conditions, pay and retraining.

2. The information referred to in paragraph 1. 1, the previous and the new employer shall provide at least 30 days before the expected date of transition at the workplace or part thereof.

3. If the former or new employer intends to take action relating to the conditions of employment of staff is obliged to enter into negotiations with the factory trade union organizations with a view to concluding an agreement in this respect, within not more than 30 days from the date of communication of information on these activities.

4. in the event of failure the agreement within the time limit referred to in paragraph 1. 3, due to the inability to agree on by the side of his body, the employer alone shall take action in matters relating to the conditions of employment of staff, taking into account the findings of the occupational trade union organizations in the course of negotiations on the conclusion of the agreement.

5. the provisions of paragraphs 1 and 2. 3 and 4 shall not apply where the mode of action on employment conditions of workers, which it intends to take an employer shall determine separate rules.

Article. 27. [a share of social benefits Fund] 1. Setting the rules of use of Social Fund, including the allocation of funds from the Fund by the objectives and types of activities, shall be an employer in the terms and conditions agreed with the factory Union Organization.

2. granting employees benefits from the Fund, referred to in paragraph 1. 1, is carried out in agreement with the factory Union Organization.

3. the rules of the prize and award shall be established and amended in agreement with the factory Union Organization; This also applies to the principles of the distribution of the remuneration for employees working in the State budgetary sphere unit.

4. (repealed).

Article. 28. [information on the working conditions and remuneration policy] the employer is obliged to grant the request of the Trade Union the information necessary to conduct the activities of the Trade Union, and in particular information concerning the conditions of work and remuneration.

Article. 29. [request for testing] 1. In case of reasonable suspicion that in the workplace there is a risk to life or health of workers, the factory organisation Trade Union may apply to the employers carry out relevant studies, notifying them of this at the same time, the competent district labour inspector. The employer shall within 14 days from the date of receipt of the application, notify the factory Union Organization of its position. In the event of a test, the employer provides the results of the factory trade union organisations together with information about how to remove and established threats.

2. the notice of the factory trade union organization to reject the application, referred to in paragraph 1. 1, or no-show by the employer to the application within 14 days from the date of its submission shall entitle the organisation to carry out the necessary studies Trade Union works at the expense of the employer. Of its intention to undertake research, their scope and the anticipated cost of the factory organisation Union shall notify the employer in writing at least 14 days in advance.


3. the employer may, within 7 days from the date of receipt of the notification referred to in paragraph 1. 2, request the competent district labour inspector to determine the appropriateness of intended study or their necessary scope. To carry out tests contrary to the labour inspector releases the employer from the obligation to cover the costs of these studies.

Article. 30. [Trade Union] 1. In a workplace in which more than one federal organization, each of which defends the rights of and represents the interests of its members.

2. Employee non trade union has the right to defend their rights in the rules for workers who are Union members, if the selected works by the Union Organization agrees to defend his rights.

21. in individual cases from the employment relationship, in which the provisions of labour law oblige the employer to work with factory Union Organization, the employer is obliged to refer to this Organization for information about employees enjoying her defence, in accordance with the provisions of paragraph 1. 1 and 2. Failure to provide this information within 5 days releases the employer from the obligation to cooperate with the factory Union Organization in matters relating to these workers.

3. In cases concerning the collective rights and interests of workers, trade unions can form the common representation of the Union.

4. In matters that require the conclusion of an agreement or consensus with trade unions, these organizations represent a mutually agreed position. How to determine and communicate this position by each time wyłanianą to the Joint Union representation specifies the agreement concluded by the trade union organisations.

5. If on the determination of the terms and conditions of remuneration, bonus awards and regulations, the rules of social benefits fund, plan vacations or work rules, the period referred to in article 2. 135 § 2 and 3 of the labour code, the list of works referred to in article 2. 1517 § 4 of the labour code or individual working time arrangements referred to in article 2. 8 paragraph 1. 2-4 of the Act of 16 April 2004 on drivers ' working time (OJ of 2012.1155 and 2013.567), the Trade Union or trade union representative within the meaning of article 3. 24125a of the labour code do not provide a mutually agreed position within 30 days, the decisions in these matters take the employer, after consideration of the separate posts of trade union organisations.

6. (repealed).

Article. 31. [the right to exemption from the obligation to perform work] 1. The right to exemption from the obligation to perform work for a period of the term of Office of the Board of the trade union organization of the works: 1) partially to one employee in the monthly hours equal to the number of members employed in plant work when their number is less than 150;

2) one to an employee when the link counts from 150 to 500 members employed in the workplace;

3) two employees when the link counts from 501 to 1000 members employed in the workplace;

4) three employees when the link counts from 1001 to 2000 members employed in the workplace;

5) another employee for each started a new one thousand when the factory organisation Union has more than 2000 members employed in the workplace;

6) part-time and then it may be granted a greater number of workers, in accordance with the principles set out in the preceding paragraphs.

2. Depending on the request of the Board of Directors of the factory trade union organization exemption from work, referred to in paragraph 1. 1, are granted with the right to remuneration or free of charge. The Council of Ministers shall determine, by regulation, grant exemptions from the work and the scope of the powers granted to the employee at the time of these exemptions.

3. The employee is entitled to an exemption from work, preserving the right to remuneration for the time necessary to perform ad hoc tasks resulting from its Federal function, if the operation can not be performed in time free from work.

Article. 32. [Worker Protection] 1. The employer without the consent of the Board of Directors of the factory trade union organizations may not: 1) terminate or resolve employment relationship with any Board resolution indicated a member or any other employee of the Member of the trade union organization of the works, authorized to represent the Organization to the employer or authority or person making the employer actions in matters of labour law, 2) change unilaterally working conditions or pay, to the detriment of the employee referred to in paragraph 1, with the exception of when the allow distinct provisions.

2. The protection referred to in paragraph 1. 1, is entitled for a period specified by resolution of the Board, and after its end – in addition by the time corresponding to half of the period specified by the resolution, but not longer than one year after its expiry.

3. the Executive Board of the trade union organization of the factory, a representative within the meaning of article 3. 24125a of the labour code, indicates the employer of employees subject to the protection provided for in paragraph 1. 1, the number of not more than the number of people representing management in the establishment or the number of employees determined in accordance with paragraph 1. 4.4. The Board of the factory trade union organisations, referred to in paragraph 1. 3, with up to 20 members have the right to indicate the employer 2 protected workers provided for in paragraph 1. 1, and in the case of organisations with more than 20 members of staff is entitled to indicate, as subject to this protection, 2 employees, plus: 1) after one employee for each started 10 members of this organization who are employees, ranging from 21 to 50 of those members;

2) after one employee for every started 20 members of staff, the ranging from 51 to 150 of those members;

3) after one employee for every started 30 members of this organization who are employees, ranging from 151 to 300 of these members;

4) after one employee for every started 40 members of this organization who are employees, ranging from 301 to 500 of those members;

5) after one employee for every started 50 members of this organization who are employees in the range above 500 members.

5. Persons making up the management in company, referred to in paragraph 1. 3, are the head of the institution undertaking the work and their alternates, or part of a collegial management body undertaking the work, and also other persons designated to make the employer actions in matters of labour law.

6. The protection provided for in paragraph 1. 1, the federal organization works other than mentioned in paragraph 1. 3 and 4, shall be entitled to one employee by name designated by resolution of the Board of Directors of the organization.

7. The protection provided for in paragraph 1. 1 is entitled, for a period of 6 months from the date of creation of the founding Committee of the trade union organization of the works, no more than three employees named designated by resolution of the founding Committee.

8. where the competent authority fails to make the indication referred to in paragraph 1. 3, 4, 6 or 7, the protection provided for in paragraph 1. 1 have a period to indicate, respectively, to the President of the trade union organization to the President of the founding Committee or internal.

9. The protection provided for in paragraph 1. 1 is entitled to an employee designated with a selection of Union function outside the factory Union Organization, the licensee with the employer with unpaid leave or from the exemption from the obligation to perform work. Protection shall be entitled to a period of leave or exemption, and for one year after the expiry of that period. The consent referred to in paragraph 1. 1, the competent authority of the trade union organization on a statutory basis expressed, in which the employee fully or he was.

10. the competent Minister in charge of labour shall determine, by regulation, the detailed rules and mode: 1) notification by the employer to the Board of Directors of the factory trade union organization, the number of people representing the executives in the company, referred to in paragraph 1. 5;

2) indication by the Board and the Committee of the works Union of protected workers organization of incorporation provided for in paragraph 1. 1, as well as making changes in this indication.

Article. 33. [Share premises and devices] 1. The employer, under the conditions laid down in the contract, is obliged to make available federal technical facilities organization works necessary for the exercise of trade union activities in the workplace.

2. The factory trade union organizations and employers shall have the right to apply to a court to work a claim arising from non-performance or improper performance of the contract, referred to in paragraph 1. 1.3. If the terms of the trade union organization sharing premises and technical equipment are defined in the provisions of the collective agreement, the right of claim referred to in paragraph 1. 2, the employer or any of the trade union organisations, which they apply to.

4. The proceedings in the cases referred to in paragraph 1. 2 and 3, shall apply mutatis mutandis the provisions of the code of civil procedure of the labour law.

Article. 331. [Federal Premium] 1. The employer shall, at the written request of the trade union organization of the works and with the written consent of the employee, is obliged to download from the salary of the employee Union contribution in declared by him.


2. The employer shall immediately transfer the amounts collected federal contributions to the bank account indicated by the factory Union Organization.

Article. 34. [Setting the right to exemption from the obligation to perform work] 1. The provisions of article 4. 251-331 shall apply to międzyzakładowej federal organizations including your action the employer, subject to the provisions of paragraph 2. 2 and art. 341 and 342.

2. in determining the number of members referred to in article 1. 251 paragraph 1. 1, and the right to exemption from the obligation to perform work referred to in article 1. 31 para. 1, account shall be taken of the number of members of the międzyzakładowej trade union organization employed on all employers covered by the action of the organization.

Article. 341. [Costs of salaries and social contributions] 1. Employers covered by the action of międzyzakładowej trade union organization shall bear the costs, including the costs of salaries and social contributions associated with hiring an employee released: 1) from the obligation to perform work for a period of the term of Office of the Board of the międzyzakładowej trade union organisation, on the basis of art. 31 para. 1 in connection with article. 34 para. 2, 2) from the work of preserving the right to remuneration on the basis of art. 31 para. 3, corresponding to the number of members of this Organization employed in your employer in the total number of members of this Organization employed on all employers covered by the action of the Organization – in terms of full working time.

2. the Executive Board of the międzyzakładowej trade union organization represents an employer who releases an employee or employees from the obligation to perform work or from work while maintaining the right to remuneration, the number of members of this Organization employed on all employers covered by the action of this organization and in each of these employers – in terms of full working time, as of the last day of the month.

3. the Executive Board of the międzyzakładowej trade union organization presents the information referred to in paragraph 1. 2, within 10. day of the month following the month in which the release of the employee or employees from the obligation to perform work or from work while maintaining the right to remuneration.

4. The manner and mode of the cost referred to in paragraph 1. 1, specifies each employer who releases an employee or employees from the obligation to perform work or from work while maintaining the right to remuneration, in respect of the costs associated with the hiring of an employee or employees.

Article. 342. [indication of the workers to be protected] 1. The Board of międzyzakładowej the federal organization, which in at least one facility covered by her action brings together a number of workers required to obtain the status of representative organisations within the meaning of article 3. 24125a of the labour code, may indicate the employees subject to the protection provided for in article 4. 32 paragraph 1. 1:1) in the number determined in accordance with article 8. 32 paragraph 1. 3 or 4 or 2) in the number determined in accordance with article 8. 32 paragraph 1. 3 or 4 in one company indicated by the organisation of workplaces covered by its action, in which this organization brings together a number of workers required to obtain the status of representative organisations within the meaning of article 3. 24125a of the labour code, plus a number of other workplaces covered by the action of the Organization in which it is employed at least 10 workers who are its members.

2. in the case when the intercompany organization of Trade Union in any workplace with covered by its action does not brings together the number of workers required to obtain the status of representative organisations within the meaning of article 3. 24125a of the labour code, the number of employees subject to the protection provided for in article 4. 32 paragraph 1. 1 can not be greater than the number of establishments covered by the action of this organization, which employ 10 or more workers who are its members.



Chapter 5 Liability for infringement of the provisions of the Act Art. 35. [penal] 1. Who therefore occupied position or its function: 1) mind in creating in accordance with the law of the trade union organization, 2) makes federal activities carried out in accordance with the provisions of Act 3) discriminate against an employee because of membership of a Trade Union, to remain outside the Trade Union or trade union functions, 4) fails to fulfil the obligations referred to in article 1. 261, 331 and 341-is subject to a fine or penalty of restriction of liberty.

2. (have lost power).

3. the responsibility for directing the illegal strike Act of resolving collective disputes.

Article. 36. [deleting the registry of Trade Union] 1. Court of registration in the event of a finding that the authority of the Trade Union carries out activities contrary to the law, sets a deadline for at least 14 days to adapt the activities of this body to the applicable law. The proceedings shall be initiated at the request of the competent Provincial Prosecutor [6].

2. in the event of ineffective expiry of the period provided for in paragraph 1. 1, register Court: 1) decide the fine against individual members of the body in the amount specified in the article. 163 § 1 of the code of civil procedure;

2) designate the authorities regard the term hold a new election to the connection referred to in paragraph 1. 1, under pain of suspension of the activities of this body.

3. If the measures referred to in paragraph 1. 2 prove ineffective, the Court of registration, at the request of the Minister of Justice, the rules on the cancellation of the Trade Union from the registry. That decision may be appealed against.

4. for the cases referred to in paragraph 1. 1-3 shall apply mutatis mutandis to article. 18.5. The Trade Union struck a final decision from the registry in accordance with paragraph 1. 3 shall immediately cease his activities, and within three months of when that decision make their liquidation in the manner provided for in the statutes.



Chapter 6 special provisions Article. 37. [disputes between unions and employers] disputes between unions and employers and their organizations on workers ' interests are addressed on the principles set out in a separate Act.

Article. 38. [the application of the provisions of the Act] provisions of the law on trade unions shall apply mutatis mutandis to the trade union organisations, referred to in article 1. 11 (1). 1 and 2, with the exception of the provision of article. 12 paragraph 1. 1. in part on the number of the founders of the Association, and in part on the number of members of the Association provision of the article. 17 paragraph 1. 1 paragraph 3.

Article. 39. [provident-lending] 1. In workplaces can be created employee cash zapomogowo-loan, whose members can be employees, retirees and pensioners, regardless of Union membership. Social supervision over these banks have trade unions.

2. (have lost power).

3. (have lost power).

4. (have lost power).

5. the Council of Ministers shall determine by regulation the detailed rules for the organisation and operation of kas, referred to in paragraph 1. 1, the responsibilities of the establishments in this area.



Chapter 7 Changes in the legislation in force and the transitional and final provisions Article. 40. (omitted).



Article. 41. (omitted).



Article. 42. (omitted).



Article. 43. (omitted).



Article. 44. (omitted).



Article. 45. (omitted).

Article. 46. [registration of trade union organisations] registration of trade union organisations made before the date of entry into force of the Act preserves the legal effect.

Article. 47. (omitted).

Article. 48. [the provisions repealed] 1. Repealed the Act of 8 October 1982 of trade unions (OJ 1985, No. 54, item 277, as amended).

2. Until the regulation of the Council of Ministers, referred to in article 2. 39 paragraph 1. 5 of this Act, shall remain in force rules pursuant to article 114. 58 of the Act referred to in paragraph 1. 1. Article. 49. [entry into force] this Act comes into force after the expiration of 30 days from the date of the notice.

[1] based on paragraph 1 of the judgment of the Constitutional Court of 2 June 2015 (OJ item 791) art. 2. 1, in so far as it restricts the freedom to create and join trade unions of persons performing paid work not mentioned in that provision is incompatible with article 2. 59 paragraph 1. 1 in connection with article. 12 of the Constitution. Article. 2. 1 in ww. the field has lost the power of 12 June 2015.

[2] on the basis of paragraph 3 of the judgment of the Constitutional Court of 2 June 2015 (OJ item 791) art. 2. 5 is compatible with article. 59 paragraph 1. 1 in connection with article. 12 of the Constitution of POLAND and from article. 2 of the Convention (No. 87) concerning freedom of Association and protection of the right to organise, adopted at San Francisco on 9 July 1948 (OJ 1958 No 29, item 125).

[3] Article. 19 paragraph. 1 in the version established by art. 52 paragraph 1 of the law of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240). The change came into force on 11 September 2015.

[4] Article. 191 paragraph 2. 1 in the version established by art. 52 paragraph 2 of the law of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240). The change came into force on 11 September 2015.

[5] Article. 20(2). 1 in the version established by art. 52 paragraph 3 of the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240). The change came into force on 11 September 2015.


[6] Currently: District Attorney, according to the article. 3 of the Act of 18 December 1998 amending the law on the public prosecutor's Office (Journal of laws No. 162, item 1123), which entered into force on 1 January 1999.

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