OCHRONA TRWAŁOŚCI STOSUNKU PRACY DZIAŁACZY ZWIĄZKOWYCH W ŚWIETLE NOWELI USTAWY O ZWIĄZKACH ZAWODOWYCH
PROTECTION OF EMPLOYMENT RELATIONSHIP STABILITY OF TRADE UNIONS MEMBERS IN THE VIEW OF THE AMENDMENT TO THE TRADE UNIONS ACT
Author(s): Antoni DralSubject(s): Civil Law, Labor relations
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: employment relationship; stability; protection; durability; union members; consent; approval; protective period;
Summary/Abstract: Protection of trade union members is an important element of their legal status. By the Act of June 7, 2018 amending the Act on Trade Unions and other crucial acts, the trade union law was modified. The changes, not only affect the collective aspect of trade union members, but also the subjective scope of protection of the permanence of labour relations. The members employed as part of non-employment forms of employment contracts are also subject to protection. The approval mechanism for protection has also changed fundamentally. The author describes international and axiological standards of the special protection of trade union members as well as indicates the consequences of extending the scope of subjective rights to the trade unions. He also discusses the subjective protection of the employment relationship. The article also analyses particular elements of the protection structure established in the amended Art. 32 of the Act, including the subjective and objective scope of protection, the protection measure, the protection period as well as claims for breach of protection.
Journal: Studia z Zakresu Prawa Pracy i Polityki Społecznej
- Issue Year: 25/2018
- Issue No: 3
- Page Range: 243-269
- Page Count: 27
- Language: Polish