Key Benefits:
ACT
of 23 May 1991
o employers ' organisations
Chapter 1
General provisions
Article 1. [ Employers ' privileges] 1. Employers shall have the right to create, without obtaining prior permission, the unions at their discretion, as well as to enter into those organizations, subject to the application of their statutes.
2. The Employer within the meaning of the Act is the entity referred to in art. 3 Labour Code.
3. (deleted).
Article 2. [ relationship structure] Employers 'unions have the right to create federations and confederations, as well as join them, and each relationship, federation and confederation has the right to join international employers' organizations.
Article 3. [ Independence of unions] The associations of employers, their federations and confederations are self-governing and independent in their statutory activities from the authorities of government, local government and other organizations.
Article 4. [ Restricting the rights of workers] Employers 'unions, their federations and confederations cannot take action to limit the rights of workers to trade unions and to exercise control over the workers' union.
Article 5. [ Relationships Tasks] The primary task of the employers ' unions, their federations and confederations is to protect the rights and represent interests, including economic, affiliated members towards trade unions, the organs of power and government administration, and self-government bodies territorial.
Article 6. [ The assets of the compounds] 1. The assets of the employers ' unions, their federations and confederations arise from the membership fees, donations, declines, records, from their own activities and income from the property of the organization.
2. The contribution to the employers ' unions referred to in the paragraph. 1, it shall be included in the cost of obtaining revenue up to the amount specified by the Regulation of the Council of Ministers.
Chapter 2
Creating employers ' unions
Article 7. [ Uchwała o arise] 1. The employers ' union shall be formed by virtue of a resolution of its founding, taken at the founding assembly by at least 10 employers.
2. Decisions concerning the membership of the employer who is a legal person in the employers ' organization shall be taken by the authority authorized to submit statements of will on its behalf.
3. The founding assembly, which adopted a resolution on the assumption of the association of employers, enacted the statutes and elects the founding committee in the number of at least 3 persons.
Article 8. [ Statute Of Association] 1. The statutes of employers ' association should include in particular:
1. the name of the relationship, the seat and the territorial scope of the action,
2) the bodies of the union, the scope of their powers, the mode of their choice and appeal and the term of office,
3) the basic objectives and tasks of the relationship and the ways and forms of their implementation,
4) the way of acquiring and losing membership,
5) the rights and obligations of the members,
6) the way of representing the union and the persons authorised to commit property obligations on behalf of the union,
7) the principle of making changes to the statutes, resolving the relationship and the purpose of its assets in the event of liquidation
(8) the method of obtaining financial resources and the establishment of membership fees.
2. The unions, which intend to create field organisational units, shall define in the statutes the organizational structure and the rules for the formation of these units.
Article 9. [ Relationship Registration] 1. The employers ' union shall be subject to registration in the National Court Register.
2. If the founding committee fails to submit within 30 days from the date of the foundation of the application for registration, the resolution of the formation of the union shall be repealed.
Article 10. [ Legal Personality] The employers ' association acquires legal personality from the date of registration.
Article 11. [ Changes in statutes] 1. The employers ' union shall immediately notify the court of amendment of the statutes. The amendment shall enter into force within 14 days from the date of notification if the court has not raised any objection to its legality.
2. In the event of the declaration of objections referred to in paragraph. 1, the court shall notify them of the association of employers and appoint a hearing for their consideration within 30 days from the date of notification by the association of the amendment of the statutes.
3. (deleted).
Article 12. [ Deletion from the register] 1. The Tribunal shall delete the association of employers from the National Court Register, when:
1) the body designated by the statutes has adopted a resolution on the termination of the union,
2) the number of members of the union shall be maintained below 10 employers for a period of more than 3 months.
2. The circumstances indicated in the paragraph. 1 the court finds ex officii or at the request of a union of employers.
3. (deleted).
Article 13. [ Registration Mode] 1. Cases concerning the registration of employers ' association shall be considered in the provisions of the provisions of the Code of Civil Procedure of the Non-procedural Proceedings.
2. Cases referred to in paragraph 1 1, the court shall consider within 14 days from the date of submission of the application.
3. (deleted).
Article 14. [ Federations and confederations] The provisions of Article 4 7-13 shall apply mutatis mutandis to the federations and confederations referred to in Article. 2, except that:
1) the number of founders of these organizations may not be less than three,
2) (deleted),
3) the court shall delete the organizations from the National Court Register, when the number of members shall be held below three for a period of more than three months.
Chapter 3
Entitlement of employers ' organisations
Article 15. [ Union rights] The associations of employers, their federations and confederations have the right to adopt their statutes and internal regulations, to freely choose their representatives, to appoint management boards and to lay down their action programmes.
Article 16. [ Employers ' organisations] 1. [ 1] Employers ' organization, representative within the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240), hereinafter referred to as the "Social Dialogue Council Act", has the right to give an opinion of the assumptions and drafts of legal acts on the rights and interests of employers ' unions. This does not apply to the assumptions of the draft state budget and the draft budget law, the opinions of which are governed by separate rules.
2. The authorities of government and government administration and local government bodies shall be obliged to provide employers ' organisations with the exercise of the powers referred to in paragraph 1. 1, on equal rights with trade unions.
Article 16 1 . [ Right of opinion of EU consultative documents] 1. [ 2] The employers ' organisation, which is representative within the meaning of the Social Dialogue Council Act, has the right to give an opinion on the consultation documents of the European Union, in particular white papers, green books and communications, and drafts of Union legal acts The European Union for the tasks of employers ' unions.
2. The authorities of the State and the State Administration shall direct the consultation documents of the European Union and the drafts of the legal acts of the European Union referred to in paragraph 1. 1, to the relevant statutory authorities of the relationship, specifying the time limit for the submission of opinions.
3. Consultative documents of the European Union and draft legislative acts referred to in paragraph. 1, the authorities of the State and the State Administration shall transmit to the relevant electronic address, designated by the competent authority of the association.
Article 16 2 . [ Right of application for applications for or amendment of the Act] 1. [ 3] Employers 'organisations, representative within the meaning of the Social Dialogue Council Act, shall have the right to apply for the issue of, or amendment of, the Act or any other act in matters covered by the tasks of employers' organisations.
2. The proposals for the statutes of the organisation shall be addressed to the Members or bodies having the right of initiative of the legislative initiative, and proposals for other legal acts shall be sent to the authorities entitled to issue them.
3. The State body to which the request is addressed shall, within 30 days, present to the employers ' organisations their position and, in the event of a negative position, also its justification.
Article 17. [ Participation in negotiations] Employers ' associations shall participate, in accordance with the rules laid down in separate rules, in the conduct of collective bargaining, in the conclusion of collective bargaining agreements and other agreements within the scope of their statutory tasks.
Article 18. [ Revenue from unions] 1. The income from the economic activities carried out by the employers ' unions and the federations and confederations shall serve to carry out their statutory tasks and shall not be intended for the division between their members.
2. Employers ' associations, their federations and confederations benefit from the tax exemptions provided for associations.
Chapter 4
Liability for violation of the Act
Article 19. [ Sanctions for unlawfulness] 1. The registration court in the event of a finding that a given body of the employers ' union conducts an activity contrary to the law, sets a time limit of at least 14 days to adapt the activity of that body to the applicable law. The proceedings shall be initiated at the request of the competent provincial prosecutor.
2. In the event of an unsuccessfully expiry of the time limit laid down in paragraph 2, 1, the registration court may:
1) a fine of the members of a given union body,
2) appoint to the authorities the deadline for the holding of new elections to the body of the relationship mentioned in paragraph. 1, under the rigorous suspension of the activities of that body.
3. If the measures referred to in paragraph 1 2 will prove to be ineffective, the register court, at the request of the Minister of Justice, adjudicate on the removal of the association of employers from the National Court Register. Appeals shall be made from that decision.
4. The cases referred to in paragraph 1. 3. 13.
5. The union deleted by the final decision of the National Court Register is obliged to cease its activities without delay, and within three months at the latest of the decision to liquidate this decision in the manner of its liquidation. provided for in the Statutes.
6. The provisions of the paragraph. 1-5 shall apply mutatis mutandis to the federations and confederations referred to in art. 2.
Chapter 5
Transitional and final provisions
Article 20. [ Recast organization] 1. Employers associating employers on the basis of existing regulations may become, after adjusting their statutes to the provisions of the Act and after meeting the requirements provided for in the Act, employers ' organisations within the meaning of art. 1 (1) 2 or Article 2.
2. Until the inception on the basis of the provisions of the Act of nationwide representation of employers, however no longer than until 30 September 1991, the rights and interests of Polish employers in international relations represents the Confederation of Employers Polish.
Article 21. [ Entry into force] [ 4] The Act shall enter into force after 30 days from the day of the announcement.
[ 1] Article 16 (1) 1 in the wording set by Article 1. 53 point 1 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240). The amendment came into force on 11 September 2015.
[ 2] Article 16 1 paragraph 1 in the wording set by Article 1. 53 point 1 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240). The amendment came into force on 11 September 2015.
[ 3] Article 16 2 paragraph 1 in the wording set by Article 1. 53 point 1 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240). The amendment came into force on 11 September 2015.
[ 4] The Act enters into force on 27 July 1991.
