Granice wolności związkowych w polskim systemie prawnym
The Limits of Trade Union Freedoms in the Polish Legal System

Author(s): Jakub Gołaś
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Labour and Social Security Law
Published by: Wydawnictwo Naukowe Uniwersytetu Adama Mickiewicza
Keywords: trade unions; employers' organisations; trade union freedoms; freedom of association; limits; limitations; self-governance; independence; autonomy, negative freedom; industrial relations
Summary/Abstract: The issue of the limits of trade unions freedoms functioning in the Polish legal system is the scientific problem of the monograph. Trade unions freedoms should be seen as a fundamental guarantees of solidarity, dialogue and cooperation between social partners in shaping realities of domestic model of the social market economy. The research undertaken and presented in the publication allowed me to conduct a comprehensive characteristic and evaluation of the manner in which the national legislator formalises and restricts free functioning of social partners. The results of the study are also helpful in identifying specific deficiencies of the Polish legal system that should be recognised as major barriers to effective functioning and desired development of the union movement. The overall scientific goal of the monograph is to identify, systemise, characterise and evaluate limits of trade union freedoms in the context of the Polish legal system. In other words, the study presented in the publication aims at answering the question about how the national legislator restricts trade union freedoms and how such limitations should be formed in accordance with standards coming from biding international agreements. In order to reach the defined scientific objective it was necessary to analyse current legal system in terms of existing legal acts, actual judicature, literature and chosen statistical data regarding European and worldwide labour movements.

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