Trade Unions in Poland
Employees, irrespective of the basis of their employment, members of agricultural production co-operatives, persons doing substitute military service at establishments, as well as persons employed on the basis of agency agreements, unless they are employers, have the right to establish and join a trade union.
Persons who have retired due to age or for medical reasons and unemployed persons have the right to belong to a trade union, and if they are not a member thereof – the right to join a trade union. At the same time, police officers, border guards, prison service employees, national fire brigade officers and employees of the Supreme Chamber of Control have limited rights.
Major trade unions in Poland
There are currently two major trade unions in Poland:
- All-Poland Alliance of Trade Unions (Ogólnopolskie Porozumienie Związków Zawodowych – OPZZ) with its registered office in Warsaw, close to social-democratic political parties;
- Independent Self-Governing Trade Union “Solidarity" (Niezależny Samorządny Związek Zawodowy “Solidarność” – NSZZ “Solidarność”) with its registered office in Gdańsk, close to right-wing political parties.
These trade unions are members of the International Labour Organisation. NSZZ “Solidarność” is also a member of the European Trades Union Confederation and the International Confederation of Free Trade Unions, as well as is represented at the Trades Union Advisory Committee to the OECD.
Employee Council
The Act on Informing and Consulting Employees (Journal of Laws of 2006, No. 79, item 550) providing for the duty to establish employee councils came in force on 25 May 2006. The provisions of the Act apply to employers employing a minimum of 50 employees.
The duties of the employer towards the employee council include:
- Providing the council with information on:
a) the activities and economic position of the employer, as well as expected changes in this area;
b) the status, structure and expected changes in employment as well as activities aimed at maintaining the employment level;
c) activities, which might result in material changes in the organisation of work or the basis of employment.
This information should be provided to the council in advance, in order to enable the council to examine the issue, analyse it and prepare for consultation if necessary.
- Consultations on matters referred to in points b) and c).
The timing of consultations should enable the employer to undertake the activities regarding issues subject to the consultations, based on information provided by employees and the opinion expressed by the council. The consultations should take place at the appropriate management level, depending on the issue under discussion, in order to reach an agreement.
The following entities are not obliged to establish a council:
- employers employing less than 50 employees;
- state enterprises with an established employees’ self-government;
- mixed enterprises with an established employees’ self-government;
- national film institutions
The number of members of the council may vary depending on the level of employment and number of trade unions operating.
