Restrictions on the right to information in the activity of works councils
Restrictions on the right to information in the activity of works councils
Author(s): Kamil Baraniuk, Kamila Baraniecka-Olszewska, Krzysztof BaranSubject(s): Law, Constitution, Jurisprudence, Human Resources in Economy, Socio-Economic Research
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: works council; right to information; trade secret
Summary/Abstract: This article discusses restrictions on the right to information in the activity of works councils regulated in the Act of 7 April 2006 on information and consultation of employees, which are justified by legitimate interests of the employer and the right to keep certain information confidential. First of all, it analyzes the obligation not to disclose trade secrets by the members of works council and other persons as well as consequences of breach by an employee of the aforesaid confidentiality obligation. Subsequently, the author discusses the employer’s right to refuse to provide information to the works council, which is limited by the fulfilment of certain conditions. Finally, the paper presents the measure that workers’ council has at its disposal in the event of unjustified reservation by the employer of confidentiality of the information or refusal to provide such information.
Journal: Studia z Zakresu Prawa Pracy i Polityki Społecznej
- Issue Year: 24/2017
- Issue No: 3
- Page Range: 265-275
- Page Count: 11
- Language: English