OUTLINE OF POLISH COLLECTIVE LABOUR LAW

ISBN: 978-83-231-5392-4

stron: 150

format: B5

oprawa: miękka

rok wydania: 2024

The intention of the authors of this publication was to give an overview of the complex and multifaceted issues of collective labour law in Poland. The work refers in particular to the concept, features and functions of collective labour law and the principles of collective labour law that reveal the face of this law. Its subject is also social dialogue, which binds together almost all institutions of collective labour law, autonomous sources of labour law and collective disputes. An important part of the monograph is the analysis of the close relationship between collective and individual labour law, as well as the discrepancies between the model of collective labour law and its operation in legal practice. The final part of the study concerns the nature of collective labour law. The problem in this respect relates to the extension of the right of trade union coalition to persons performing paid work on a basis other than employment relationships. This raises the important question of whether we are already dealing with collective employment law, or whether the concept of collective labour law is still in operation. 

SPIS TREŚCI

Foreword 
List of abbreviations 
Chapter I. General characteristics of collective labour law
1. The evolution of collective labour law 
2. The concept of collective labour law 
3. The place of collective labour law in the system of labour law norms and its systematics
4. Collective labour law and social policy 
5. Sources of collective labour law 
6. Functions of collective labour law 
7. Features of collective labour law 
Chapter II. Social dialogue and instruments for its implementation 
1. Introduction to the issue of social dialogue in Poland 
2. The principle of social dialogue as a systemic premise of collective labour law 
2.1. Company dialogue
2.2. Supra-company dialogue 
2.3. National dialogue 
2.4. Supranational dialogue 
3. Instruments for implementing the principle of social dialogue 
3.1. The principle of a limited role for the state in collective labour relations 
3.2. Principle of representation of persons performing paid work and employers 
3.2.1. Representation of persons performing paid work 
3.2.1.1. Trade unions 
3.2.1.2. Employees’ non-union representation 
3.2.2. Employers’ organisations 
3.2.3. Principle of representativeness 
3.3. Collective labour disputes 
3.3.1. The concept and subject matter of a collective labour dispute 
3.3.2. Parties to a collective labour dispute 
3.3.3. Irenic methods of resolving collective labour disputes 
3.3.3.1. Conciliation 
3.3.3.2. Mediation
3.3.3.3 Social arbitration (dispute adjudication) 
3.3.4. Non-irenic methods of resolving collective labour disputes 
3.3.4.1. Introduction 
3.3.4.2. Strike
3.3.4.3. Industrial action other than strike 
3.3.4.4. Liability for organising and leading an illegal strike or other industrial action 
3.3.4.5. Problems with lockout 
3.4. Principle of equality (equivalence) of social partners 
3.5. Principle of employee participation in workplace management 
Chapter III. Autonomous sources of labour law 
1. Collective bargaining agreements 
2. Collective agreements other than collective bargaining agreements 
3. Regulations and statutes 
Chapter IV. Collective labour law or collective employment law? 
Bibliography
List of legal acts 
List of judgements 
Internet sources