The Statutory Model of the Powers of a Company Trade Union Organization and a Law in Action
The Statutory Model of the Powers of a Company Trade Union Organization and a Law in Action
Author(s): Jan Piątkowski, Beata RutkowskaSubject(s): Politics / Political Sciences, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: company trade union organization; inter-company trade union organization; union monopoly; representation of people performing gainful employment; social dialogue; collective labour agreements; collect
Summary/Abstract: Any legislation must be assessed from the point of view of its practicability. Legislation and the application of law are closely correlated. The law must be the law in action. Based on this assumption, the overall assessment of the statutory model of the powers vested in a trade union organization is largely negative. The legislator did not provide effective tools, i.e. legal mechanisms enabling the functioning of company trade union organizations at the majority of Polish employers, and thus did not create the legal conditions for the functioning of proper and intended relations between the entities of collective employment relationships. This results, among other things, from a failure to adapt trade union legislation to the dynamically changing socio-economic conditions and needs of the modern labour market. Lack of the legislator’s activity in this respect raises concerns as to the future of the trade union movement in Poland.
Journal: Studia z Zakresu Prawa Pracy i Polityki Społecznej
- Issue Year: 27/2020
- Issue No: 1
- Page Range: 11-22
- Page Count: 12
- Language: English