The trade unions’ topic returns to the Constitutional Tribunal

Confederation Lewiatan (an organization representing employers’ interests) issued a motion to the Constitutional Tribunal to examine whether art. 77[2] § 4 of the Polish Labour Code and art. 30 sec. 5 of the Act on trade unions are in compliance with the Constitution.

According to the abovementioned articles, if trade unions do not agree on change of a payroll regulation and the same time provide their agreed standpoint in this matter within 30 days, an employer is not able to independently change the said regulation what is supposed to be contrary to the Constitution.

On the contrary the situation of employers who are bound by a collective bargain agreement, which covers the payroll conditions, looks differently. Those employers are entitled to terminate the CBA what puts them in a better position.

OPZZ (leading trade union in Poland) strongly disagreed with Lewiatan and suggested that employers are trying to replace a consensus with an arbitrary decision of an employer in this matter.

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