Act Of 23 May 1991 On Resolving Collective Disputes

Original Language Title: USTAWA z dnia 23 maja 1991 r. o rozwiązywaniu sporów zbiorowych

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Chapter 1 General provisions Article. 1. [subject matter] dispute workers with the employer or employers can relate to working conditions, wages or social benefits and the rights and freedom of Association of employees, or other groups that have the right to associate in trade unions.

Article. 2. the [workers ' and employers ' Interests] 1. Collective rights and interests of workers indicated in art. 1 are represented by trade unions.

2. the rights and the interests of employers in collective disputes may be represented by a competent employers ' organisations.

Article. 3. [representation] 1. In a workplace in which more than one federal organization, each of them can represent the collective dispute in the interests of which are the subject of this dispute.

2. If operating in the labour Trade Union so agree, the dispute the collective common Union representation occurs.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis to the representation of collective interests in the multi-employer plans.

4. On behalf of the employees of the plant which does not work, the Trade Union, the dispute could lead federal organization to which the employees have asked to represent their collective interests.

Article. 4. the [exclusion of collective dispute] 1. It is not permitted to conduct a collective dispute in support of individual employee requests, if their settlement is possible in the proceedings before the authority for the resolution of disputes involving claims of employees.

2. If the dispute relates to the content of the collective agreement or other agreement, which the party is a trade union organization, the initiation and conduct of the dispute to change the layout or the agreement can take place no earlier than the date of their termination.

Article. 5. [the concept of employer] an employer within the meaning of the Act is an entity referred to in art. 3 of the labour code.

Article. 6. [the application of the provisions of the Act] provisions of the Act, where it is provided for employees have the appropriate apply to persons referred to in article 1. 2. 1 and 2 of the Act of 23 May 1991 on trade unions (Journal of laws No. 55, item 234).

Chapter 2 the prognosis Article. 7. [start of dispute] 1. Dispute has existed since the day of the occurrence by the entity that represents the interests of the employee to the employer requests in the cases referred to in the article. 1, if the employer has not granted all of the requests within the time limits specified in the instance, not less than 3 days.

2. In the Declaration of a dispute shall be the subject of requests under dispute. The reporting party dispute can warn that, in the event of failure to forward requests will be announced the strike. Day announced strike cannot occur before the expiry of 14 days from the date of the filing of the dispute.

Article. 8. [Taking bargain] the employer shall immediately enter into negotiations in order to resolve the dispute by agreement, by notifying about the dispute at the same time the competent district labour inspector.

Article. 9. [end of bargain] Negotiations end with the signing by the parties to the agreement and, if no agreement has been reached-the making of Protocol differences indicating the positions of the parties.

Chapter 3 of the mediation and arbitration Art. 10. [mediator] if the party which initiated the dispute, supports reported requests dispute this is run by the parties with the participation of the person guaranteeing impartiality, hereinafter referred to as the mediator.

Article. 11. [mediator] 1. The mediator shall determine together the parties to the dispute. The mediator may be a person from the list established by the Minister responsible for Labour Affairs in agreement with the trade union organizations and employers ' organisations representative, within the meaning of the Act of 6 July 2001 on the Tripartite Commission for socio-economic and regional social dialogue committees (OJ l. # 100, item. 1080, as amended. d.).

2. If the parties to the dispute the collective does not agree within 5 days on the selection of a mediator, further investigation is carried out with the participation of the mediator indicated, at the request of either party, by the Minister responsible for Labour Affairs from the list referred to in paragraph 1. 1.3. The competent Minister work will determine, by regulation, the conditions for remuneration of mediators from the list referred to in paragraph 1. 1, having regard to the duration of the mediation.

Article. 111. [Powers of the mediator] 1. Mediators on a time mediate shall be entitled to exemption from work. The total dimension of this exemption in a calendar year may not exceed 30 days.

2. the remuneration payable to the mediator and the reimbursement of travel and accommodation specifies the agreement concluded by the mediator with the parties to the dispute.

3. the remuneration of the mediator may not be lower than the fixed by regulation, referred to in article 1. 11 (1). 3.4. The costs of mediation proceedings referred to in paragraph 1. 2, shall be borne by the parties to the dispute of the collective in equal parts, unless agreed by the other Division.

5. in the case of a documented lack of resources to cover the costs referred to in paragraph 1. 2 and 4, at the request of the parties to the dispute, the competent minister work covers the cost of mediation, except that the remuneration of a mediator is covered up to the amount specified in the regulation referred to in article 2. 11 (1). 3. Article. 12. [the warning Strike] If the course of the mediation proceedings justifies an assessment that it will not lead to a settlement of the dispute before the expiry of the time limits provided for in art. 7 paragraph 1. 2 and art. 13 paragraph 1. 3, the organisation that initiated the dispute, can arrange once and for no longer than 2 hours a warning strike.

Article. 13. [mode of operation the mediator] 1. If in the course of the proceedings the mediator finds that the collective dispute requires detailed or additional arrangements related to the subject of the dispute, it shall inform the parties.

2. If, in connection with the request dispute is necessary to establish the economic and financial situation at the workplace, the mediator may propose to carry out on this expertise. If the parties do not agree otherwise, the costs of the expert shall be borne by the company.

3. To take the steps referred to in paragraph 1. 1 and 2, empowers the mediator to federal organizations requesting the postponement of the start of the strike for the time necessary to make findings which may have an impact on the outcome of the dispute.

Article. 14. [end of mediation] mediation ends with the signing by the parties to the agreement and, if no agreement has been reached-the making of Protocol differences indicating the positions of the parties. These activities shall be carried out with the assistance of a mediator.

Article. 15. [Action strajkowa] failure to achieve agreement terminating the dispute in mediation proceedings shall entitle to take strike action.

Article. 16. [the College social arbitration] 1. Operator of the dispute in the interest of the employees can, without the use of the right provided for in article 8(2). 15, attempt to resolve the dispute by subjecting it to settle the College social arbitration.

2. share the College recognizes social arbitration Dispute with the regional court, which created the Court work and social security. Dispute wielozakładowy recognizes the College Social Arbitration by the Supreme Court.

3. the College Chairman appointed by the President of the Court judges of the Court and six members appointed after three members by each of the parties. The parties should strive to indicate people do not directly interested in the resolution of the case.

4. The President of the Court shall designate a term without delay, notifying them of the parties or their representatives.

5. If the resolution of the dispute requires special messages, the College may consult experts. Provision of art. 13 paragraph 1. 2, second sentence, shall apply mutatis mutandis.

6. The decision of the College is remembered by majority vote. If none of the parties before the dispute settled the College decides otherwise, the judgment is binding the parties.

7. the Council of Ministers shall determine by regulation the detailed mode of proceedings before the boards of arbitration.

Chapter 4 Strike Article. 17. [the concept of the strike] 1. The strike is a collective restraining employees from work in order to resolve the dispute concerning the interests referred to in the article. 1.2. The strike is a means of final and may not be published without prior exhaustion of possibilities of settlement of the dispute in accordance with the principles referred to in article 1. 7-14. The strike may be organized without these rules, if the unlawful act of the employer prevented to carry out negotiations or mediation, as well as in the case where the employer has terminated the employment relationship with the dispute in the municipality.

3. When deciding on the announcement of the strike the entity that represents the interests of the workers should take into account that the requests to the losses from the strike.

Article. 18. [Voluntary participation] participation in a strike is voluntary.

Article. 19. [Prohibition strajkowania] 1. It is unacceptable to stop working as a result of strike action at workstations, devices and installations, which the abandonment of the work threatens human life and health or the safety of the State.

2. [1] it is forbidden to organize a strike in the internal security agency, foreign intelligence agency, the Military Counterintelligence Service, military intelligence Service, Central Office «, in units of the police and the armed forces of the Republic of Poland, the prison service, border patrol, customs service and organizational units of fire protection.

3. The right to strike is not entitled to workers employed in the bodies of State authority, governmental and local administration, courts and the public prosecutor's Office.

Article. 20. [Ad strike] 1. Share trade union organization announces a strike after obtaining the consent of the majority of voting workers, if the vote was attended by at least 50% of the employees.

2. Strike wielozakładowy announces the authority therefore indicated in the Statute after obtaining the consent of the majority of voting workers at individual workplaces to be covered by the strike, if the vote in each of these establishments attended at least 50% of the employees.

3. announcement of the strike should be made at least 5 days before it starts.

Article. 21. [Rights of the Manager of the establishment] 1. Head of the Department of labour may not be at the time of the strike limited in the performance of duties and in the exercise of powers in relation to employees not involved in the strike and to the extent necessary to ensure the protection of the property of the establishment and continuing work of these objects, devices and installations, where immobilization can pose a threat to human life or health or to restore normal activities of the establishment.

2. the organizers of the strike are required to interact with the head of the work to the extent necessary to ensure the protection of the property of the employer and uninterrupted operation of objects, equipment and installations referred to in paragraph 1. 1. Article. 22. [solidarity Strike] in the defense of the rights and interests of workers, who do not have the right to strike, the Trade Union acting in another company can arrange a solidarity strike for not more than half of the working day. The provisions of article 4. 17-21 shall apply mutatis mutandis.

Article. 23. [employee strikers] 1. The participation of an employee in a strike organized in accordance with the provisions of the Act does not constitute a breach of the obligations.

2. During the period of a strike organized in accordance with the provisions of the Act, the employee retains the right to social insurance benefits and privileges of employment, with the exception of the right to remuneration. Period in the performance of work are included in the period of employment in the company.

Article. 24. [strike Funds] trade unions decide about the creation and use of strike funds. These funds are not subject to enforcement.

Article. 25. [other forms of protest] 1. In defense of the rights and interests referred to in article 1. 1 can be used, having exhausted the procedures referred to in Chapter 2, other than strike forms of protest action, non-threatening life or human health, without interruption, subject to compliance with the applicable legal order. This right can also use employees who have the right to strike.

2. farmers have the right to industrial action in the manner set out by the trade unions.

Chapter 5 Liability for infringement of the provisions of the Act Art. 26. [sanctions for unlawful] 1. Who therefore occupied position or its function: 1) interferes in the opening or in conducting lawfully dispute, 2) fails to fulfil the obligations set out in this Act – is punishable by restriction of liberty penalty either.

2. The same penalty shall be subject to the one who directs the strike or other action protest organised, contrary to the provisions of the Act.

3. For damage caused to the strike or another protest action organised against the provisions of the Act, the organiser shall be liable under the terms of the civil code.

Chapter 6 transitional and final provisions Article. 27. [Code] in the labour code in the article. 2417 § 7 shall be replaced by the following: "§ 7. At the time of the registration procedure, as well as at the time of settlement of the dispute as specified in § 3 and 4, on the provisions of the agreement shall not apply the provisions of chapters 2-4 of the Act of 23 May 1991 on resolving collective disputes (Journal of laws No. 55, item 236). "

Article. 28. [provisions] labour disputes initiated but not completed before the date of entry into force of the Act, shall be conducted on the basis of its provisions.

Article. 29. [entry into force] [2] this Act comes into force after the expiration of 30 days from the date of the notice.

[1] Article. 19 paragraph. 2 in the version established by art. 16 of the Act of 9 June 2006 – introductory provisions, the law on service of the Military Counterintelligence and military intelligence Service and the Act on the service of officers of the Military Counterintelligence Service and the military intelligence service (OJ l. # 104, item. 711). the change entered into force on 1 October 2006.

[2] this Act comes into force on July 27, 1991.

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