Act Of 23 May 1991 On Employers ' Organisations

Original Language Title: USTAWA z dnia 23 maja 1991 r. o organizacjach pracodawców

Read the untranslated law here: http://www.infor.pl/akt-prawny/1342,ustawa-o-organizacjach-pracodawcow.html

Chapter 1 General provisions Article. 1. [powers of employers] 1. Employers have the right to create, without prior authorisation, at its sole discretion, as well as access to these organizations, subject to compliance with their statutes.

2. An employer within the meaning of the Act is an entity referred to in art. 3 of the labour code.

3. (deleted).

Article. 2. [the structure of compounds] associations of employers have the right to create a Federation and Confederation, as well as access to them, and any compound, the Federation and the Confederation has the right to join international employers ' organisations.

Article. 3. [the independence of unions] employers ' Unions, federations and confederations are self-governing and independent in its statutory activity from the Government, local government and other organizations.

Article. 4. [Restricting workers ' rights] employers ' Unions, federations and confederations may not take action to restrict the rights of workers to join trade unions and measures to control the trade unions of workers.

Article. 5. the [Task relationships] primary function of employers ' associations and their Federation and the Confederation is the protection of the rights and representation of interests, including business, affiliated members to trade unions, authorities and Government Administration and bodies of local government.

Article. 6. [Fortune compounds] 1. The assets of employers ' associations and their Federation and Confederation arises from membership fees, donations, inheritances, bequests, with its own activities and income from estates of the organization.

2. Contribution to the benefit of employers ' associations, referred to in paragraph 1. 1, is included in the expenses up to the amount specified by regulation of the Council of Ministers.



Chapter 2 the creation of employers ' associations Article. 7. [of the Resolution] 1. The employers ' Association is formed by a resolution of its creation, the founding meeting for at least 10 employers.

2. decisions on membership of an employer who is a legal person in employers ' organisations take the authority authorized to submit declarations of will on its behalf.

3. the founding Assembly, which has taken a resolution to set up Association of employers, shall adopt its statutes and elect Committee of incorporation in at least 3 people.

Article. 8. [the Statute of connection] 1. The statutes of the Association of employers shall include in particular: 1) the name of the connection, and the territorial scope of activity, 2) the authorities of the Union, the scope of their powers, their selection and the appeal and the period of his term of Office, 3) basic objectives and tasks of the relation and the ways and forms of their implementation, 4) the acquisition and loss of membership, 5) the rights and obligations of the members, 6) represent the relationship and the persons authorized to enter into commitments to property on behalf of the connection , 7) the rules change the Statute, therefore, resolution and disposition of his property in the event of liquidation, 8) how to obtain the financial resources and the establishment of member contributions.

2. that you intend to create field organizational units, specify in statute the organizational structure and the principle of the creation of these units.

Article. 9. [Registration connection] 1. Association of employers is subject to registration in the national court 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.

Article. 10. [legal personality] employers ' Association acquires legal personality on the date of registration.

Article. 11. [Changes in the Statute] 1. Employers shall notify the Court immediately to change the Statute. The amendment shall enter into force on the expiry of 14 days from the date of notification, if the Court does not raise any objections as 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 employers ' Association 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. (deleted).

Article. 12. [removal from the register] 1. The relationship is deleted, the Court of the national court register, when: 1) indicated in the Statute the authority has taken a resolution to dissolve the Association, 2) the number of members of the Association remains below 10 employers 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 Association of employers.

3. (deleted).

Article. 13. [recording mode] 1. Matters concerning the registration of the Association of employers 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. (deleted).

Article. 14. [Federations and confederations] the provisions of art. 7-13 shall apply mutatis mutandis to the Federation and Confederation mentioned in the article. 2, except that: 1) the number of the founders of these organizations may not be less than three, 2), (deleted), 3) the Court shall be deleted from the organisations of the national court register, when the number of members remains below three for a period longer than three months.



Chapter 3 Rights of employers ' organisations Article. 15. [the right compounds] employers ' Unions, federations and confederations shall have the right to adopt their statutes and internal regulations, freely selecting their representatives, the appointment of the boards and stacking action programmes.

Article. 16. [Powers of employers ' organisations] 1. [1] employers ' 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 respect of the rights and interests of employers ' associations. 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 and local government authorities are required to ensure that employers ' organisations the exercise of the powers referred to in paragraph 1. 1, on an equal footing with trade unions.

Article. 161. [the right assessment consultation documents EU] 1. [2] the Organization of employers, the 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 within the scope of the tasks of employers ' associations.

2. the authorities and the State administration are governed by European Union consultation documents and draft legislation of the European Union, 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. 162. [right of applications for the issue or amendment of the Act] 1. [3] the Organization of employers, the 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 employers ' organisations.

2. Proposals set to organization members or bodies having the right of legislative initiative, and proposals for other legal acts – to the bodies authorized to issue them.

3. The national authority to which the request is directed shall, within 30 days, provide employers their position, and in the event of a negative position, including its justification.

Article. 17. [in negotiations] associations of employers participate, on the principles set out in separate provisions, in the conduct of collective bargaining, in the conclusion of collective agreements and other agreements within the scope of their statutory tasks.

Article. 18. [Income compounds] 1. Income from business activities undertaken by employers ' associations and federations and confederations is the implementation of their statutory tasks, and may not be intended for distribution among their members.

2. employers ' Unions, federations and confederations are tax exemptions provided for associations.



Chapter 4 Liability for infringement of the provisions of the Act Art. 19. [sanctions for unlawful] 1. Court of registration in the event of a finding that the Association of employers operate contrary to the law, sets a deadline for at least 14 days to bring the activities of this body to the applicable law. The proceedings shall be initiated at the request of the competent provincial prosecutor.

2. in the event of ineffective expiry of the period provided for in paragraph 1. 1, register Court: 1) rule fine individually donated members of the authority relationship, 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 Association of employers of the national court register. That decision may be appealed against.

4. for the cases referred to in paragraph 1. 1-3 shall apply mutatis mutandis to article. 13.


5. The compound struck by a final judgment of the national court register shall immediately cease his activities, and within three months of when that decision make their liquidation in the manner provided for in the statutes.

6. the provisions of paragraphs 1 and 2. 1-5 shall apply mutatis mutandis to the Federation and Confederation mentioned in the article. 2. Chapter 5 transitional and final provisions Article. 20. [transformation of organization] 1. Employers ' organisations on the basis of the provisions can become, after adjusting its statutes to the provisions of the Act and meet the requirements provided for in this Act, employers ' organisations within the meaning of article 3. 1 paragraphs 1 and 2. 2 or article. 2.2. The time on the basis of the provisions of the Act a national representation of employers, but not beyond 30 September 1991, the rights and interests of Polish employers in international relations represents the Confederation of Polish Employers.

Article. 21. [entry into force] [4] this Act comes into force after the expiration of 30 days from the date of the notice.

[1] Article. 16 paragraph. 1 in the version established by art. 53 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.

[2] Article. paragraph 161. 1 in the version established by art. 53 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.

[3] Article. 162 para. 1 in the version established by art. 53 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] this Act comes into force on July 27, 1991.