Right of Collective Bargaining in the European Social Charter and its Implementation in Selected European Countries and the Principle of Social Dialogue in Acts and Documents of the European Union
Right of Collective Bargaining in the European Social Charter and its Implementation in Selected European Countries and the Principle of Social Dialogue in Acts and Documents of the European Union

Summary/Abstract: The study focuses on the right to conduct collective bargainingbetween the employers and their organisations and the trade unionsas the form of association of employees (working people). Theintroductory remarks review the conventional regulations ofcollective bargaining right with special emphasis on the InternationalLabour Organisation (ILO) Conventions, particularly, No.98 of 1949and No. 154 of 1981. The article analyses the European Social Charteras a core of social act regarding social rights within the Council ofEurope system, with special attention given to its collectivebargaining regulations, principally provisions its art. In addition, thearticle comments on the provisions of art. 28 of the EU Charter ofFundamental Rights, a crucial EU regulation dealing with the processof collective bargaining. In conclusion the article argues whether thespecifics of collective bargaining in the EU belong to the nationalregulations of EU member states. In its further parts, the articleexamines the principle of social dialogue in the European treaties andthe practices of the Social Dialogue Committee of the EuropeanUnion. Furthermore, the study presents the issue of relation betweenprotection of economic freedoms and rights of an individual asprovided by the 1997 Constitution of Poland and protection of suchas established by universal and regional international regulations,including International Covenant on Economic, Social and CulturalRights of 1966 and the ratified regulations of the Council of Europe.Convention on Human Rights and Fundamental Freedoms,European Social Charter, International Covenant on Economic,

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