Key Benefits:
ACT
of 23 May 1991
with trade unions
Chapter 1
General provisions
Article 1. [ Trade Union] 1. The professional union is a voluntary and self-governing organization of working people, appointed to represent and defend their rights, professional and social interests.
2. The trade union shall be independent in its statutory activities from employers, state administration and local government and from other organizations.
3. The state bodies, local authorities and employers shall be treated equally by all trade unions.
Article 2. [ Right of creation and admission to trade unions] 1. [ 1] The right of establishment and admission to trade unions shall have employees regardless of the basis of employment relationship, members of agricultural production cooperatives and persons performing work on the basis of a agency contract, if they are not employers.
2. (lost power)
3. The retirement or the pension shall not deprive the persons referred to in paragraph 1. 1 and 2, the rights of affiliation and admission to trade unions.
4. The unemployed persons within the meaning of the employment regulations retain the right to belong to trade unions, and if they are not members of the trade unions, have the right to enter into trade unions in the cases and under the conditions laid down by statutes relationships.
5. The right to create and enter into trade unions at work establishments shall also be entitled to persons addressed to those establishments for the purpose of serving a replacement service.
6. The rights of the police officers of the Police, Border Guard and Prison Service and the firefighters of the State Fire Service, as well as employees of the Supreme Chamber of Control shall apply accordingly the provisions of this Law, taking into account the limitations of resulting from separate laws.
7. The provisions of the Act concerning employees shall apply mutatis mutandis also to other persons referred to in the paragraph. 1-6.
Article 3. [ Affiliation of trade union] No one shall be liable to bear any negative repercussions on the grounds of belonging to a trade union or to remain outside it or to exercise a trade union function. In particular, this may not be a condition for establishing a employment relationship and staying in employment and promoting a worker.
Article 4. [ Relationship functions] The trade unions represent the employees and other persons referred to in art. 2, as well as the weapons of their dignity, rights and material and moral interests, both collective and individual.
Article 5. [ Representation of employee interests] The trade unions have the right to represent the interests of workers in the international forum.
Article 6. [ Co-archery in creating working conditions] The trade unions are complicit in creating favorable conditions of work, existence and rest.
Article 7. [ Representation of employees] 1. In terms of rights and collective interests, trade unions represent all employees, regardless of their affiliation.
2. In matters of individual employment relationships, trade unions represent the rights and interests of their members. At the request of a non-attached employee, the professional relationship may take up the defence of his rights and interests against the employer.
Article 8. [ Enforcement control] The rules laid down in this Act and in the laws of the separate trade unions control the observance of provisions relating to the interests of workers, pensioners, pensioners, unemployed persons and their families.
Article 9. [ Statutes and Statutory Resolutions] The statutes and the union's resolutions are freely determined by the organisational structure of the trade unions. Property liabilities may undertake only statutory bodies of trade union bodies with legal personality.
Article 10. [ Membership Rules] The rules for membership in the trade union and for the performance of the trade union functions shall be determined by the statutes and the statutes of the trade union bodies.
Article 11. [ Nationwide Association] 1. The trade unions have the right to create nationwide associations (federations) of trade unions.
2. In general, national trade unions and associations of trade unions may form a nationwide interconnection organisation (confederations).
3. Land organizations, including federations and confederations, shall have the right to create and enter into international employees ' organizations.
Chapter 2
Creation of trade unions
Article 12. [ Establishment of a trade union] 1. The trade union shall be formed by virtue of a resolution of its creation, taken by at least 10 persons entitled to create trade unions.
2. Persons who have passed a resolution to create a trade union shall pass the statutes and choose the founding committee in the number from 3 to 7 persons.
Article 13. [ Statute Of Trade Union] The statutes of the trade union shall specify in particular:
1) the name of the relationship;
2. the seat of the compound;
3) territorial and subjective scope of action;
4) the objectives and tasks of the relationship and the ways and forms of their implementation;
5) the rules of acquisition and loss of membership;
6) the rights and obligations of the members;
7) the organizational structure of the relationship with an indication of which of the organizational units of the relationship have legal personality;
8) the way of representing the union and the persons authorised to commit property obligations on behalf of the union;
9) the bodies of the union, the mode of their choice and appeal, the scope of their competence and the term of office;
(10) a source of financing for the activities of the union and the way in which
11) the rules for the adoption and amendment of the statutes;
12) how to resolve the relationship and liquidation of his property.
Article 14. [ Obligation of registration] 1. The trade union shall be subject to registration in the National Court Register, hereinafter referred to as "the 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.
3. The proceedings in matters of registration shall be free of charge of the court.
Article 15. [ Legal Personality] 1. The trade union and its organisational units indicated in the statutes shall acquire legal personality from the date of registration.
2. (repealed)
Article 16. [ Change of Statutes] (1) The trade union shall immediately inform the competent court of the amendment of the statutes. The amendment shall enter into force within 14 days from the date of notification if the court has not previously raised objections to its legality.
2. In the event of the declaration of objections referred to in paragraph. 1, the court shall notify them of the trade union and shall appoint a hearing for their consideration within 30 days from the date of notification by the association of the amendment of the statutes.
3. Article 18 (1) 1 and 2 shall apply mutatis mutandis.
Article 17. [ Deletion of the trade union from the register] 1. The Tribunal shall delete the trade union from the register when:
1) the body designated by the statutes has adopted a resolution on the termination of the relationship;
(2) the establishment in which the trade union was operated so far has been removed from the relevant register on account of the winding-up or bankruptcy of that undertaking, or its organisational and legal transformation preventing the continuation of the activity of that undertaking. the relationship;
3) the number of members of the union shall be maintained below 10 for a period of more than 3 months.
2. The circumstances indicated in the paragraph. 1 the court shall state ex officii or at the request of a trade union.
3. (repealed)
Article 18. [ Registration cases] 1. Cases concerning the registration of trade unions 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. (repealed)
4. (repealed)
Chapter 3
Powers of trade union
Article 19. [ Opinions of assumptions and draft laws] 1. Association, 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 on the assumptions and drafts of legal acts in the field covered by the tasks of trade 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 direct the assumptions or drafts of the legislative acts referred to in the paragraph. 1, to the relevant statutory authorities of the union, specifying the time limit for the submission of the opinion, however, not less than 30 days. The deadline may be reduced to 21 days due to an important public interest. The shortening of the deadline requires a special justification. The time limit for the submission of an opinion shall be counted from the day following the date of service or the draft, together with a letter giving the deadline for the submission of the opinion. Failure to present an opinion within the prescribed period shall be deemed to be resignation from the right of expression.
2 1 . Assumptions or drafts of the legislative acts referred to in paragraph. 1, the authorities of government and government administration and local government bodies shall also forward to the appropriate electronic address indicated by the competent authority of the association, not later than on the date of their notification in writing.
3. In the event of rejection in whole or in part of the position of the union, the competent authority of the governmental or local government shall inform the association in writing, stating the reasons for its position. In the event of a discrepancy, the relationship may present its opinion at the meeting of the competent committee of the Sejm, the Senate, or the local government.
4. The trade unions shall have the right to express publicly the opinions on the assumptions or projects referred to in paragraph 1. 1, in the mass media, including radio and television.
Article 19 1 . [ Opinion of the Consultative Documents of the European Union] 1. The union, representative within the meaning of the Act on the Social Dialogue Council, shall have the right to give an opinion of the consultation documents of the European Union, in particular white books, green books and messages, and draft legal acts The European Union for the tasks covered by the trade union tasks.
2. The authorities of the State and the State Administration shall direct the consultation documents of the European Union and the draft legislative acts referred to in paragraph. 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 20. [ Applications for issuance or amendment of the Act] 1. The trade union, representative within the meaning of the Act on the Social Dialogue Council, shall have the right to exist with applications for the issue of, or amendment of, the Act or any other act in matters covered by the tasks of the trade union. Proposals for a union shall be addressed to Members or bodies having the right of legislative initiative. In the case of a lower order legal act, applications shall be addressed to the authorities authorised to issue them.
2. The requested State Authority shall, within 30 days, present the trade union with its position and, in the event of a negative position, its reasons for the position.
Article 21. [ Collective Bargaining and Collective Systems] 1. Under the rules laid down by separate regulations, trade unions are entitled to exercise collective bargaining and to conclude collective bargaining agreements, as well as other agreements provided for in the labour law.
2. In the branches of work not covered by collective agreements, regulation of working conditions and pay calls for consultation with trade unions.
Article 22. (repealed)
Article 23. [ Control of the observance of labour law] 1. The trade unions shall exercise control over the observance of the labour law and shall participate, in accordance with specific rules, in supervision of compliance with the rules and the rules on health and safety at work.
2. If in the cases referred to in paragraph. 1, in the opinion of the trade union the proceedings of the state administration body and local government or employer is unlawful or violates the principles of justice, the relationship may occur to the competent authority with the request of causing the removal in the appropriate mode of finding of irregularities.
Article 24. [ Business income] 1. The income from the business activity carried out by the trade unions serves to carry out their statutory tasks and shall not be intended for division among their members.
2. The trade unions benefit from the tax exemptions provided for associations.
Article 25. [ Right to free leave] (1) An employee who is appointed to perform his or her choice of trade union functions, if the choice arises from the obligation to carry out that function as a worker, shall be entitled, at the request of the trade union organisation, to a right to leave free of charge.
1 1 A staff member who, after a period of unpaid leave, shall be made available to work within the time limit laid down in the Article. 74 of the Labour Code, the period of unpaid leave shall be included in the working period from which the employment powers depend.
1 2 The Council of Ministers shall determine, by means of a regulation, the procedure for granting unpaid leave and the extent of the rights enjoyed by a worker benefiting from such leave.
2. The employee shall have the right to exemption from professional work with the right to pay for the time necessary for the execution of an ad hoc task resulting from his trade union function outside the establishment of the work, if the act cannot be performed in time free from work.
Article 25 1 . [ Non-relation to the association of employees ' organisation] 1. The powers of the establishment of a trade union organization shall be entitled to an organisation of at least 10 members:
1) employees or persons performing work on the basis of a contract of employment contract with an employer covered by the operation of that organisation, or
2) the officers referred to in art. 2. 6, serving in a unit covered by the operation of that organisation.
2. The organisation referred to in paragraph 2. 1, which represents a quarterly basis, as of the last day of the quarter, up to 10. on the day of the month following the quarter, the employer or the commander of the body referred to in paragraph 1. 1 point 2, information on the total number of members of the organisation, including the number of members referred to in paragraph. 1.
Chapter 4
Establishment of the association
Article 26. [ The establishment of the trade union organisation] In particular, the scope of the activities of the related association shall be as follows:
1) occupying a position on individual employee matters within the scope of the law of labour law;
2) occupying a position against the employer and the authority of the self-government of the crew in matters concerning collective interests and workers ' rights;
3) to exercise control over compliance with the work legislation in the workplace, and in particular the rules and principles of occupational health and safety;
4) directing the activity of the social labour inspection and cooperation with the State Labour Inspectorate;
5) dealing with the living conditions of retirees and pensioners.
Article 26 1 . [ Notice on the passage of a new employer's establishment] 1. In the event of the transition of a work plant or part thereof to a new employer, the existing and new employer shall be obliged to inform in writing operating in each of them the relevant union organisations with the expected date of this transition, its causes, legal, economic and social consequences for its employees, as well as the intended activities relating to the conditions of employment of those workers, in particular working conditions, pay and retraining.
2. The information referred to in paragraph. 1, the existing and the new employer shall be obliged to provide at least 30 days before the expected date of transition of the establishment or part thereof.
3. If the current or new employer intends to take action concerning the conditions of employment of workers, it is obliged to enter into negotiations with the establishment trade union organisations to conclude an agreement in this regard, within the deadline no longer than 30 days from the date of transmission of the information on these activities.
4. In the absence of an agreement within the time limit referred to in paragraph. 3, due to the inability of the parties to agree on the terms of its content, the employer shall take action on matters concerning the conditions of employment of workers, taking into account the arrangements made with the establishment trade union organisations in the course of the negotiations over the conclusion of the agreement.
5. The provisions of the paragraph. 3 and 4 shall not apply where the mode of action relating to the conditions of employment of the employees which the employer intends to take shall be determined by separate provisions.
Article 27. [ Social Benefit Fund] 1. Establishing rules for the use of the establishment of a social benefit fund, including the distribution of funds from this fund for individual purposes and types of activity, shall determine the employer in the rules of procedure agreed with the establishment of the union.
2. Granting benefits workers from the fund referred to in paragraph. 1, shall be in agreement with the establishment of the trade union organisation.
3. The rules of award and award shall be fixed and amended in agreement with the establishment of the trade union organisation; this shall also apply to the rules for the distribution of remuneration for employees employed in the state budget sphere.
4. (repealed)
Article 28. [ Information on working conditions and remuneration rules] The employer shall be obliged to provide, at the request of the trade union, the information necessary for the performance of the trade union's activities, in particular information concerning working conditions and remuneration rules.
Article 29. [ Application for studies] 1. In the event of a reasonable suspicion that in the establishment of the work there is a threat to the life or health of workers, the establishment of the association may request the employer to carry out the appropriate examinations, notifying them of this at the same time as the competent district labour inspector. The employer shall be obliged within 14 days from the date of receipt of the application to notify the establishment of the association of his/her position. In the event of a study, the employer shall make available to them the results of the establishment of the union organization together with information on the manner and timing of the removal of the identified hazard.
2. Notification of the establishment of a trade union on the rejection of the application referred to in paragraph 2. 1, or failure by the employer to take a position on that application within 14 days from the day of its submission, entitles the establishment of the union organization to carry out the necessary examinations at the expense of the employer. The employer shall inform the employer in writing at least 14 days in advance of the intention to undertake studies, their scope and the expected costs of the establishment.
3. The employer may within 7 days from the date of receipt of the notification referred to in the paragraph. 2, request the competent district labour inspector to determine the advisability of the intended studies or their necessary scope. Conducting the tests contrary to the position of the labour inspector relieves the employer from the obligation to cover the costs of these tests.
Article 30. [ Land Organisations] 1. In a work establishment where more than one trade union organisation operates, each of them defends its rights and represents the interests of its members.
2. A non-attached worker in a trade union shall have the right to defend his rights on the rules concerning employees who are members of the union, if the establishment of the related union organization has given his consent to the defence of his workers ' rights.
2 1 In individual cases of employment relationship, where the employment law obliges the employer to cooperate with the establishment of a trade union, the employer is obliged to ask the organisation for information on the employees of the person who is entitled to the employer. of her defence, in accordance with the provisions of the paragraph. Failure to provide this information within 5 days shall relieve the employer of the obligation to co-operate with the establishment of the trade union in matters relating to these employees.
3. In matters relating to the collective rights and interests of employees, trade union organisations may form a joint trade union representation.
(4) In cases requiring the conclusion of an agreement or an arrangement with the trade union organisations, those organisations shall submit a mutually agreed position. The way in which this position is to be established and presented by a joint trade union representation in each case shall be determined by the agreement concluded by the trade union organisations.
5. If, on the establishment of the Rules of Remuneration, the Rules of Procedure of the awards and award, the rules of procedure of the social benefit fund, the plan of leave or the rules of procedure, the period of settlement referred to in art. 135 § 2 and 3 of the Labour Code, the list of works referred to in art. 151 7 § 4 of the Labour Code or individual timetable of working time referred to in art. 8 ust. 2-4 of the Act of 16 April 2004. about the time of drivers ' work (Dz. U. 2012 r. items 1155 and 2013 items 567), trade union organisations or trade union organisations within the meaning of Article 3 (1) of the EC 241 25a The Labour Code will not present a mutually agreed position within 30 days, the decisions in these cases shall be taken by the employer, after consideration of the separate positions of the trade union organisations.
6. (repealed)
Article 31. [ Right to exemption from the obligation to provide work] 1. The right to exemption from the obligation to provide work for the term of office in the management of the organization of the union organization shall be entitled:
1) partly to one employee in a monthly time dimension equal to the number of members employed in the establishment, when their number is less than 150;
2) to one employee, where the relationship is between 150 and 500 members employed in the establishment;
3) two employees, where the relationship counts from 501 to 1,000 members employed at the work site;
(4) three workers, where the relationship is between 1001 and 2000 members employed at the establishment;
5) to a railway worker for each new thousand commenced, when the establishment of the trade union organisation has more than 2000 members employed in the establishment;
6) part-time and then it may be given to more workers, in accordance with the rules contained in the preceding points.
2. Depending on the request of the management board of the organization of the trade union exemption from the work referred to in the paragraph. 1, shall be granted in accordance with the right to remuneration or free of charge. The Council of Ministers shall determine, by means of a regulation, the procedure for the granting of redundancies and the extent of the powers conferred on the worker at the time of those exemptions.
3. An employee shall have the right to dismissal from a professional job with the right to pay for the time necessary for the execution of an ad hoc task resulting from his trade union function, if the act cannot be performed during a free time of work.
Article 32. [ Employee Protection] 1. The employer without the approval of the management board of the organization of the union shall not:
1) to terminate or terminate the employment relationship with the appointed board of directors of its member or other employee who is a member of the relevant association organization, authorised to represent that organisation vis-vis the employer, or the body or the person responsible for the employer in the field of labour law,
2) change unilaterally working conditions or pay to the disadvantage of the worker referred to in point 1
-except where separate provisions are permitted.
2. The protection referred to in paragraph 2. 1, shall be entitled, for a period specified by the resolution of the Management Board, and, after its expiry, in addition for a period corresponding to half of the period prescribed, not more than one year after the expiry of the period.
3. The management board of a representative organization, representative within the meaning of art. 241 25a The Labour Code shall indicate the employers of the workers subject to the protection provided for in paragraph 1, in a number of not more than the number of persons constituting the managerial staff in the establishment or the number of employees determined in accordance with the paragraph. 4.
4. The management board of the association referred to in paragraph 4. 3, an association of up to 20 members shall be entitled to indicate the employers of the 2 employees subject to the protection provided for in the paragraph. 1, and in the case of an organisation associating more than 20 members who are employees, shall have the right to indicate, as being subject to that protection, 2 employees, and in addition:
1) one employee at each commenced 10 members of this organization, who are employees, between 21 and 50 of these members;
2) one employee at each commenced 20 members of this organization who are employees, in the range of 51 to 150 of these members;
3) one employee for each commenced 30 members of this organization, who are employees, between 151 and 300 of these members;
4) one employee at each commenced 40 members of this organization, who are employees, in the range of 301 to 500 of these members;
5) one employee at each commenced 50 members of this organization, who are employees, in the range of more than 500 of these members.
5. Persons representing the managerial staff of the establishment referred to in paragraph 1. 3, they shall be guided by a single person's establishment and their alternates, or of a collegiate body managing the job, and other persons designated to act as the employer in matters of employment law.
(6) The protection provided for in the paragraph. 1, in the establishment of a trade union organisation other than those referred to in paragraph 1. 3 and 4, shall be entitled to one employee by name given to the resolution of the management board of that organisation.
7. The protection provided for in the paragraph. 1 shall be entitled, for a period of 6 months from the date of the establishment of the founding committee of the establishment of the trade union organisation, not more than three employees by name of the founding committee designated by the founding committee.
8. Where the competent authority does not make the indication referred to in paragraph 1. 3, 4, 6 or 7, protection provided for in the mouth. 1 shall be entitled, within a period to be indicated, to the Chairperson of the establishment or the chairman of the founding committee, as appropriate.
9. The protection provided for in the paragraph. 1 shall be entitled to a staff member with a choice of trade union function outside the establishment of a trade union organisation which benefits from the employer on unpaid leave or from an exemption from the obligation to provide work. Protection shall be granted during the period of such leave or exemption and for one year after the expiry of that period. The agreement referred to in paragraph 1. 1, the competent authority of the trade union organisation, in which the worker is either fully or fully responsible, shall be expressed by the statutes.
10. The Minister responsible for the work shall determine, by way of regulation, detailed rules and procedures:
1) the notification by the employer of the management of the establishment of the union of the number of persons constituting the managerial staff at the establishment of the work referred to in paragraph. 5;
(2) the management board and the founding committee of the association of workers subject to the protection provided for in paragraph 2 (2). 1, as well as changes in such indication.
Article 33. [ Provisioning for premises and facilities] 1. The employer, under the conditions stipulated in the contract, shall be obliged to make available to the establishment of the trade union organization the premises and technical equipment necessary for the performance of the trade union activity in the establishment.
2. The employer's establishment and the employer shall have the right to apply to the court of work with the claim arising from the non-execution or improper performance of the contract referred to in paragraph. 1.
(3) If the conditions for the provision of the association of premises and technical equipment specify the provisions of the collective agreement, the right to claim the claim referred to in paragraph 1 shall be laid down in paragraph 1. 2, the employer or any of the trade union organisations concerned shall be entitled to.
4. To the proceedings in the cases referred to in the paragraph. 2 and 3, the provisions of the Code of Civil Procedure on the Proceedings of Labour Law are applied accordingly.
Article 33 1 . [ Contribution] 1. The employer, at the written request of the establishment of the union organization and with the written consent of the employee, shall be obliged to collect from the employee's remuneration the union contribution in the amount declared by him.
2. The employer is obliged to immediately transfer the amounts of the transferred trade union contributions to the bank account indicated by the establishment of the trade union organization.
Article 34. [ Establishing the right to exemption from the obligation to provide a job] 1. Rules of Art. 25 1 -33 1 it shall apply to an inter-establishment trade union organisation, which shall include the employer, subject to paragraph 1. 2 and Article 34 1 and 34 2 .
2. In determining the number of members referred to in art. 25 1 paragraph 1, and the right to exemption from the obligation to provide the work referred to in art. 31 par. 1, account shall be taken of the number of members of the inter-establishment trade union organisation employed in all employers covered by the operation of that organisation.
Article 34 1 . [ Wage costs and social security contributions] 1. Employers covered by the inter-company activity of the union shall bear the costs, including the costs of salaries and social security contributions, related to the hiring of the worker of the released:
1) from the obligation to provide work for the term of office in the Management Board of the Inter-Works Association-on the basis of art. 31 par. 1 in connection with art. 34 par. 2,
2) from professional work with the right to pay-on the basis of art. 31 par. 3,
in the case of the number of members of the employer employed by the employer in the total number of members of that organisation employed in all the employers affected by the organisation's activity, calculated on the basis of the full working time.
2. The Management Board of the Intercompany Association shall present to the employer who will release the employee or employees from the obligation to provide work or from the professional work with the maintenance of the right to remuneration, information on the number of members of the organization employed in all employers covered by the operation of that organisation and in each of these employers, calculated on the basis of the full working time, as of the last day of the month.
3. The Management Board of the Inter-Works Association shall provide the information referred to in paragraph. 2, up to 10. on the day of the month following the month in which the worker or workers were dismissable from the obligation to provide work or work with the right to remuneration.
4. The method and mode of bearing the costs referred to in paragraph 1. 1, specify any employer who will exempt an employee or staff from the obligation to provide a job or from a professional job with a right to pay, in terms of the costs associated with the hiring of that employee or those employees.
Article 34 2 . [ Indication of employees to be protected] 1. The Management Board of an inter-establishment union organization which in at least one of the works covered by its activity brings together employees in the number required to obtain the status of a representative organization within the meaning of art. 241 25a The Labour Code may indicate the staff subject to the protection provided for in Article 4. 32 par. 1:
1) in the number determined in accordance with art. 32 par. 3 or 4 or
2) in the number determined in accordance with art. 32 par. 3 or 4 in one work establishment designated by that organisation from among the work plants covered by its operation, in which that organisation brings together the number of employees required to obtain the status of a representative organisation within the meaning of Article 3 (1) of the Regulation. 241 25a The Labour Code, increased by the number of other work establishments covered by the operation of the organisation, in which at least 10 members of its members are employed.
(2) Where an inter-establishment trade union organisation in any of the establishments concerned by its operation does not bring together the number of employees required to obtain the status of a representative organisation within the meaning of Article 4 (2) of the said Regulation, 241 25a The Labour Code, the number of workers subject to protection provided for in art. 32 par. 1 may not be greater than the number of work establishments covered by the operation of that organisation, which employ at least 10 members of its members.
Chapter 5
Liability for violation of the Act
Article 35. [ Penal provisions] 1. Who, in connection with the position occupied or the function performed:
1) hinders the creation in accordance with the law of the union organization,
2) makes it difficult to perform the trade union activities carried out in accordance with the provisions of the Act
3) discriminate against an employee on grounds of belonging to a trade union, being left outside a trade union or carrying out a trade union function,
4) do not fulfil the obligations laid down in the Article. 26 1 , 33 1 and 34 1
-shall be subject to a fine or penalty of restriction of liberty.
2. (lost power)
3. The responsibility for directing illegal strikes shall be determined by the Act on the resolution of collective disputes.
Article 36. [ Deletion of the trade union from the register] 1. The registration court in the event of a finding that the body of a trade 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. Proceedings shall be initiated at the request of the competent prosecutor State [ 2] .
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 individual members of the union body in the amount specified in art. 163 § 1 of the Code of Civil Procedure;
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, shall rule on the deletion of a trade union from the register. Appeals shall be made from that decision.
4. The cases referred to in paragraph 1. 3. 18.
5. The trade union has been deleted by the final decision of the Register under the terms of the paragraph. 3. It shall immediately cease its activities and, within a period of not more than three months from the date on which the decision is entitled to be liquidated, shall be liquidated in the manner prescribed by the statutes.
Chapter 6
Specific provisions
Article 37. [ Disputes between trade unions and employers] Disputes between trade unions and employers and their organisations relating to the interests of employees shall be dealt with under the rules laid down in a separate law.
Article 38. [ Application of provisions of the Act] The provisions of the Law on Trade Unions shall apply mutatis mutandis to the trade union organizations referred to in Article. 11 (1) 1 and 2, excluding the provision of art. 12 (1) 1 in the part concerning the number of the founders of the relationship, and in part concerning the number of members of the article of the article 17 para. 1 point 3.
Article 39. [ Kasa forgot-borrowing] 1. In workplaces there may be created employee cash-for-hire cash registers, whose members may be employees, pensioners and pensioners irrespective of their affiliation. The social supervision of these helmets is working with the trade unions.
2. (lost power)
3. (lost power)
4. (lost power)
(5) The Council of Ministers shall lay down, by means of a regulation, the detailed rules for the organisation and operation of the banks referred to in paragraph 1, the duties of the work establishments in this respect.
Chapter 7
Amendments to the provisions in force and transitional and final provisions
Article 40. (bypassed)
Article 41. (bypassed)
Article 42. (bypassed)
Article 43. (bypassed)
Article 44. (bypassed)
Article 45. (bypassed)
Article 46. [ Registration of trade union organisations] Registration of the trade union organizations made before the date of entry into force of the Act retains the legal force.
Article 47. (bypassed)
Article 48. [ Repealed provisions] 1. The Act of 8 October 1982 is repealed. with trade unions (Dz. U. 1985 r. Nr 54, poz. 277, of late. zm.).
2. Until the issue of the Regulation of the Council of Ministers referred to in art. 39 (1) 5 of this Act, shall remain in force provisions issued on the basis of art. 58 of the Act mentioned in paragraph 1. 1.
Article 49. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement.
[ 1] On the basis of paragraph 1 of the judgment of the Constitutional Court of 2 June 2015. (Journal of Laws pos. 791) art. 2. 1 in so far as it limits the freedom to create and enter into trade unions to persons performing gainful employment not referred to in that provision, is inconsistent with the art. 59 (1) 1 in connection with art. 12 of the Constitution of Poland Article 2 (1) 1 in the above The extent of which expired on 12 June 2015.
[ 2] Presently, the district attorney, on the basis of art. 3 of the Act of 18 December 1998. to amend the Law on the Prosecutor's Office (Dz. U. Nr 162, pos. 1123), which entered into force on 1 January 1999.
