CONTRACTUAL LIABILITY OF ILLEGAL STRIKE ORGANISERS Cover Image

ODPOWIEDZIALNOŚĆ EX CONTRACTU ORGANIZATORÓW NIELEGALNEGO STRAJKU
CONTRACTUAL LIABILITY OF ILLEGAL STRIKE ORGANISERS

Author(s): Janusz Żołyński
Subject(s): Civil Law, Labor relations
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: strike; collective dispute; tortious liability; contractual liability; principle of social peace preservation;

Summary/Abstract: From the normative perspective illegal strike organisers are, as a rule, liable for the damages caused by that strike under the tortious liability. However, they may also be held contractually liable. This liability: – is subsidiary in nature towards the liability resulting from the Act on Resolving Collective Disputes; – is a private law liability regulated by the civil code and not a public law liability regulated by the Act on Resolving Collective Disputes. De lege lata, an employer is, in principle, entitled only to make a claim against the strike organisers to pay money. The employer may oblige the striking employees to work off the time of illegal strike only in nominal working time.

  • Issue Year: 25/2018
  • Issue No: 1
  • Page Range: 43-58
  • Page Count: 16
  • Language: Polish
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