Polish Regulations Concerning Settlement of Collective Disputes in the Light of European Standards, exemplified by the Right to Strike
Polish Regulations Concerning Settlement of Collective Disputes in the Light of European Standards, exemplified by the Right to Strike

Summary/Abstract: The authors present a comparison between the European standards on the right to strike (Article 6 § 4 of the European Social Charter) and the Polish Collective Disputes Resolution Act of 23.5.1991 and arrive at a conclusion that there are no legal obstacles to the ratification of this basic European standard in the sphere of collective labour law by Poland. It is in particular important to note that the monopoly of trade unions in the context of organising strikes and other protest actions covered by the provisions of the Polish collective labour law introduced by the Polish Collective Disputes Resolution Act does not constitute an obstacle to this ratification. The case law of the European Committee of Social Rights of the Council of Europe tolerates domestic legal solutions which limit the right to organise strikes by groups of employees who are not members of trade unions, unless these provisions impose excessively drastic requirements on the establishment of a trade union entitled to organise a strike. The Polish Collective Disputes Resolution Act has been assessed by the European Committee of Social Rights and declared to be a legal act that enables employees who are interested in organising a protest action to establish a trade union in quite an easy manner. Other legal requirements resulting from the Polish provisions of collective labour law are also consistent with European standards. On the 30th anniversary of a strike organised in the former Lenin Shipyard in Gdańsk by employees who were not, at that time, members of any official trade unions, we have to say that NSZZ “Solidarność” (”Solidarity” Trade Union) has every right to plead with the authorities of the Republic of Poland to proceed with the ratification of Article 6 § 4 of the European Social Charter.

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