ZAKŁADOWE SPORY ZBIOROWE
A ROLA PAŃSTWOWEJ INSPEKCJI PRACY
COMPANY COLLECTIVE DISPUTES
AND THE ROLE OF THE STATE LABOUR INSPECTION
Author(s): Justyna TOMALSKASubject(s): Human Resources in Economy, Socio-Economic Research, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: company collective disputes; State Labour Inspection; law on solving collective labour disputes; labour law; statistics;
Summary/Abstract: Available statistics indicate that there are still company collective disputes in Poland, but thenumber of such disputes has been changing over the years, which causes us to reflect on the currentregulations in this regard, the possible direction of their changes, and to analyze whether the StateLabour Inspection has the authority to resolve company collective disputes. The above issues arethe subject of analysis of this article, since often the parties to a dispute turn to the State Labour In-spection with the belief that, being an authority established to supervise and control the observanceof labour law, it can take actions interfering in the course of company collective disputes. In thisarticle, the author asseses whether the above-mentioned thesis has legal justification, what are theexpectations of the parties to the company collective disputes regarding the role of the State LabourInspection in this dispute, and what changes in the legal provisions should be undertaken. Analysisof the topic leads to the conclusion that, apart from the employer’s information obligation to informthe District Labour Inspector about the initiation of company collective disputes in the light of the Article 8 of the Act of 23 May 1991 on solving collective labour disputes, the law does not grant tothe District Labour Inspector or to the inspectors of the State Labour Inspection any explicit powersand legal instruments to influence the course of an ongoing company collective dispute
Journal: Przegląd Prawa i Administracji
- Issue Year: 136/2024
- Issue No: 1
- Page Range: 135-149
- Page Count: 15
- Language: Polish