Key Benefits:
ACT
of 23 May 1991
o resolving collective disputes
Chapter 1
General provisions
Article 1. [ Subject matter of dispute] Collective bargaining with the employer or employers may concern working conditions, wages or social benefits, and the rights and freedoms of trade union workers or other groups which are entitled to an association in trade unions.
Article 2. [ Interests of employees and employers] 1. The rights and collective interests of workers referred to in art. 1 shall be represented by trade unions.
2. The rights and interests of employers in collective disputes may be represented by the competent employers ' organizations.
Article 3. [ Representation of interests] 1. In a work establishment where more than one trade union organisation operates, each of them may be represented in a collective dispute involving the object of the dispute.
2. If the work in the establishment of the trade union organisations so decides, there is a joint trade union representation in the collective dispute.
3. Paragraph Recipe 2 shall apply mutatis mutandis to the representation of collective interests in multi-share disputes.
4. On behalf of employees of a work plant in which there is no working relationship, a collective dispute may lead to a union organization to which employees have asked to represent their collective interests.
Article 4. [ Exclusion of a collective dispute] 1. It is not permissible to conduct a collective dispute in order to support individual employee requests, if their settlement is possible in proceedings before the dispute settlement body disputes over employees ' claims.
2. If the dispute concerns the content of the collective agreement or other agreement to which the union organisation is a party, the initiation and operation of a dispute to amend the agreement or agreement may take place no earlier than the date of their dismissation.
Article 5. [ The concept of employer] The employer within the meaning of the Act is the entity referred to in art. 3 Labour Code.
Article 6. [ Application of provisions of the Act] The provisions of the Act, in which the employees are referred to, are applicable to the persons referred to in Article. 2. 1 and 2 of the Act of 23 May 1991. with trade unions (Dz. U. of 2014 items 167).
Chapter 2
Prognosis
Article 7. [ Start of dispute] 1. A collective dispute exists as of the day of the occurrence by the entity representing employee interests to the employer with the requests in the cases indicated in art. 1 if the employer did not take into account all the requests within the time limit specified in the speech, not less than 3 days.
2. In the notification of the dispute shall be determined the subject of the requests covered by the dispute The reporting agent shall be able to warn that a strike will be announced in the event of failure to take account of the requests made. The day of the strike announced shall not fall within 14 days from the date of notification of the dispute.
Article 8. [ Taking negotiations] The employer shall immediately proceed to negotiations with a view to resolving the dispute by means of an agreement, and at the same time notifying the competent district labour inspectorate of the dispute.
Article 9. [ End of negotiations] Negotiations shall end with the signing of the parties to the agreement and, in the event of failure to reach agreement, the drawing up of a protocol of discrepancies with the views of the parties.
Chapter 3
Mediation and Arbitration
Article 10. [ Mediator Share] If the party which has opened the dispute upholds the claimed requests, the dispute shall be carried out by the parties with the participation of the person giving the guarantee of impartiality, hereinafter referred to as the mediator.
Article 11. [ Select Mediator] 1. [ 1] The mediator shall jointly determine the parties to the collective dispute. The mediator may be a person from the list established by the Minister responsible for the work in agreeing with union organizations and employers ' organizations, 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).
2. If the parties to a collective dispute do not agree within 5 days on the selection of the mediator, the subsequent proceedings shall be conducted with the participation of the mediator indicated, at the request of one of the parties, by the Minister responsible for the work of the list, of which Paragraph 1. 1.
3. The minister responsible for the work shall determine, by regulation, the conditions for the remuneration of the mediators on the list referred to in paragraph 1. 1, taking into account the duration of the mediation.
Article 11 1 . [ Mediator Privileges] 1. Mediators have an exemption from work for the duration of mediation. The total amount of that exemption in the calendar year shall not exceed 30 days.
2. The remuneration due to the mediator and the reimbursement of the incurred travel and accommodation costs shall be determined by the agreement concluded by the mediator with the parties to the collective dispute.
3. The remuneration of the mediator shall not be lower than that established by means of the regulation referred to in art. 11 (1) 3.
4. The costs of the mediation proceedings referred to in paragraph. 2, they shall bear the parties to a collective dispute in equal parts, unless they agree on a different distribution.
5. In the event of a documented lack of funds to cover the costs referred to in paragraph. 2 and 4, at the request of a party to a collective dispute, the minister responsible for work shall bear the costs of mediation, with the fact that the remuneration of the mediator is covered to the amount specified in the regulation referred to in Article. 11 (1) 3.
Article 12. [ Warning strike] If the course of the mediation procedure justifies the assessment that it will not lead to the dissolution of the dispute before the expiry of the time limits laid down in the Article 7 ust. 2 and Art. 13 (1) 3, the organisation that initiated the dispute may arrange a one-time and no longer than 2-hour warning strike.
Article 13. [ Mediator Work Mode] (1) If, in the course of the proceedings, the mediator finds that a solution to a collective dispute requires specific or additional findings relating to the subjectmatter of the dispute, he shall inform the parties accordingly.
(2) If it is necessary to establish the economic and financial situation of the establishment concerned in relation to a dispute covered by the dispute, the mediator may propose an expert opinion on the matter. If the parties do not agree otherwise, the costs of the expertise shall be borne by the establishment of the work.
3. The subtracting of the activities referred to in paragraph 1. 1 and 2, empowers the mediator to request the association of the union to postpone the start of the strike for the time necessary to make arrangements likely to have an impact on the outcome of the settlement.
Article 14. [ End of mediation] The mediation proceedings shall end with the signing of the parties to the agreement and, in the event of failure to reach agreement, the drawing up of a protocol of discrepancies with the views of the parties. These steps shall be carried out with the participation of the mediator.
Article 15. [ Strike Action] Failure to reach an agreement that resolves collective dispute in mediation proceedings entitles to take strike action.
Article 16. [ Collegium of Social Arbitration] 1. The operator of a collective dispute in the interests of the employees may, without exercising the right provided for in the Art. 15, attempt to resolve the dispute by subjecting it to the decision of the College of Social Arbitration.
2. The works dispute recognizes the college of social arbitration at the Provincial court [ 2] Where a court of work and social security is created. The multi-target dispute recognizes the College of Social Arbitration at the Supreme Court.
3. The College shall be composed of the chairman appointed from the judges of the court by the President of the court and six members appointed after three members by each of the parties. The parties should endeavour to identify those directly concerned by the case.
4. The President of the Tribunal shall immediately set a time limit for the meeting, notifying the parties to the dispute or their representatives.
5. If the settlement of the dispute requires a special message, the college may consult experts. Article Recipe 13 (1) The second sentence shall apply mutatis mutandis.
6. The ruling of the College shall be decided by a majority of votes. If none of the parties decides otherwise before the dispute has been settled, the judgment shall be binding on the parties.
7. The Council of Ministers shall determine by means of a regulation a detailed procedure for the conduct of the colleges of social arbitration.
Chapter 4
Strike
Article 17. [ Concept of strike] 1. The strike consists in the collective deterrence of workers from doing work to resolve the dispute concerning the interests indicated in the article. 1.
2. The strike is the final measure and cannot be announced without the prior exhaustion of the possibility of resolving the dispute according to the rules laid down in art. 7-14. The strike may be organised without the conduct of these rules if the employer's wrongful act prevented the conduct of negotiations or mediation, and in the event that the employer has solved the employment relationship with the operator of the dispute.
3. When deciding on the announcement of the strike, the entity representing the interests of employees should take into account the commensation of the demands for losses related to the strike.
Article 18. [ Voluntary participation] Participation in the strike is voluntary.
Article 19. [ Prohibition of striking] 1. It is inadmissible to cease working as a result of the strike action on jobs, equipment and installations on which the omission of work threatens the life and health of human beings or the security of the state.
2. It is inadmissible to organize a strike in the Internal Security Agency, the Intelligence Agency, the Service of Military Counterintelligence, the Service of Military Intelligence, the Central Anti-Corruption Bureau, in the units of the Police and the Armed Forces of the Republic of Poland Polish, Prison Service, Border Guard, Customs Service, and organizational units of fire protection.
3. The right to strike shall not be granted to workers employed in the bodies of state power, government and local government administration, courts and prosecutors.
Article 20. [ Announcement of strike] 1. The share strike announces the trade union organization after obtaining the consent of the majority of the voting workers, if at least 50% of the employees of the work plant took part in the vote.
2. The multi-establishment strike shall announce the body of the union indicated in the statutes after obtaining the consent of the majority of voting workers in the individual work establishments to be covered by the strike, if in the vote in each of these establishments took part in at least 50% of employees.
3. The announcement of the strike should take place at least 5 days before the start of the strike.
Article 21. [ Plant Manager's Rights] 1. The head of the work plant shall not be in the time of the strike limited in the performance of duties and in exercising the powers with regard to the employees not participating in the strike and to the extent necessary to ensure the protection of the plant's property and the uninterrupted operation of these facilities, equipment and installations whose immobilisation may endanger life or human health or restore the normal operation of the plant.
2. The strike organizers shall be obliged to interact with the head of the work plant to the extent necessary to ensure the protection of the property of the work plant and the uninterrupted operation of the facilities, equipment and installations referred to in the paragraph. 1.
Article 22. [ Solidarity strike] In defence of the rights and interests of workers who do not have the right to strike, a trade union operating in another establishment may organise a solidarity strike for a period of not more than half of the working day. The provisions of Article 4 17-21 shall apply mutatis mutandis.
Article 23. [ Worker striking] 1. The participation of the employee in the strike organized in accordance with the provisions of the Act shall not constitute an infringement of the obligations of employees.
2. During the period of strike organised in accordance with the provisions of the Act, the employee retains the right to benefits from social security and labour rights, with the exception of the right to remuneration. The period of interruption of work shall be included in the period of employment in the establishment.
Article 24. [ Strike funds] Trade unions decide on the creation and use of strike funds. These funds shall not be subject to execution.
Article 25. [ Other forms of protest] 1. In defence of the rights and interests referred to in art. 1 may be used, after the mode of procedure laid down in Chapter 2 has been exhausted, other than a strike action of a protest action, which does not endanger life or human health, without interrupting the work, subject to the applicable order legal. Workers who do not have a right to strike may also benefit from this right.
2. Farmers have the right to protest action in the manner set by the farmers ' trade unions.
Chapter 5
Liability for violation of the Act
Article 26. [ Sanctions for unlawfulness] 1. Who, in connection with the position occupied or the function performed:
(1) hinder the initiation or conduct of a collective dispute in a manner compatible with the law,
2) do not fulfil the obligations set out in this Act
-shall be subject to a fine or penalty of restriction of liberty.
2. The same penalty shall be subject to the one who directs the strike or other protest action organised against the provisions of the Act.
3. For the damage caused by a strike or other protest action organised against the provisions of the Act, the Organizer shall be liable under the rules laid down in the Civil Code.
Chapter 6
Transitional and final provisions
Article 27. (bypassed)
Article 28. [ Application of provisions] Collective disputes initiated, but not completed before the entry into force of the Act, shall be carried out on the basis of its provisions.
Article 29. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement.
[ 1] Article 11 (1) 1 in the wording set by Article 1. 54 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] Currently: District Court on the basis of art. 4 of the Act of 18 December 1998. on the amendment of the Act-Law on the General Courts of the General Courts (Dz. U. Nr 160, pos. 1064), which entered into force on 1 January 1999.
