O PRAWNYM (NIE)BYCIE ORGANIZACJI ZWIĄZKOWEJ
ON THE LEGAL (NON)EXISTENCE OF A TRADE UNION ORGANIZATION

Summary/Abstract: The author discusses the scope of the notification obligation of trade union organisations. Thecompany-based organisations are obliged to inform the employer of the number of working mem-bers employed by the employer. In order to be able to exercise the rights set out in the Trade UnionAct, the organisation must have at least ten such members and provide the relevant information tothe employer in a timely manner. The consequence of failing to comply with this obligation is theloss of the rights to which the trade union organisation is entitled — until the obligation is fulfilled.Additional doubts as to the scope of this obligation arise in the case of inter-enterprise trade unionorganisations. According to the author, they are obliged to provide information on the total numberof working members in order to benefit from the rights granted to a trade union organisation. In thecase of a plurality of trade union organisations within one employer, it may be necessary to provideadditional information on the number of working members employed by the employer in order toadditionally obtain the attribute of representativeness. Failure to provide such more detailed infor-mation, however, does not deprive the inter-union organisation of all rights, but only those for whichthere is a requirement of representativeness.

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