Outline of Polish collective labour law

seria:Public Law – Current Challenges autorzy:

Jan Piątkowski, Beata Rutkowska, Jagoda Jaskulska

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Rok wydania:2024 Nr wydania:Wydanie pierwsze Liczba stron:250 ISBN:978-83-231-5392-4 eISBN:978-83-231-5393-1 Format:228 x 158 DOI: https://doi.org/10.12775/978-83-231-5393-1

OPIS 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 / 9

List of abbreviations / 11

Chapter I. General characteristics of collective labour law / 15

1. The evolution of collective labour law / 15

2. The concept of collective labour law / 20

3. The place of collective labour law in the system of labour law norms and its systematics / 22

4. Collective labour law and social policy / 27

5. Sources of collective labour law / 30

6. Functions of collective labour law / 34

7. Features of collective labour law / 37

Chapter II. Social dialogue and instruments for its implementation / 43

1. Introduction to the issue of social dialogue in Poland / 43

2. The principle of social dialogue as a systemic premise of collective labour law / 47

2.1. Company dialogue / 47

2.2. Supra-company dialogue / 52

2.3. National dialogue / 54

2.4. Supranational dialogue / 57

3. Instruments for implementing the principle of social dialogue / 61

3.1. The principle of a limited role for the state in collective

labour relations / 61

3.2. Principle of representation of persons performing paid work and employers / 63

3.2.1. Representation of persons performing paid work / 63

3.2.1.1. Trade unions / 63

3.2.1.2. Employees’ non-union representation / 72

3.2.2. Employers’ organisations / 78

3.2.3. Principle of representativeness / 81

3.3. Collective labour disputes / 84

3.3.1. The concept and subject matter of a collective labour dispute / 84

3.3.2. Parties to a collective labour dispute / 87

3.3.3. Irenic methods of resolving collective labour disputes / 89

3.3.3.1. Conciliation / 89

3.3.3.2. Mediation / 91

3.3.3.3 Social arbitration (dispute adjudication) / 93

3.3.4. Non-irenic methods of resolving collective labour disputes / 95

3.3.4.1. Introduction / 95

3.3.4.2. Strike / 96

3.3.4.3. Industrial action other than strike / 100

3.3.4.4. Liability for organising and leading an illegal strike or other industrial action / 101

3.3.4.5. Problems with lockout / 102

3.4. Principle of equality (equivalence) of social partners / 103

3.5. Principle of employee participation in workplace management / 106

Chapter III. Autonomous sources of labour law / 111

1. Collective bargaining agreements / 111

2. Collective agreements other than collective bargaining agreements / 116

3. Regulations and statutes / 120

Chapter IV. Collective labour law or collective employment law? / 127

Bibliography / 131

List of legal acts / 145

List of judgements / 149

Internet sources / 151

Recenzje

Autorzy

Jan Piątkowski

Książki autora:

- Outline of Polish collective labour law
- Indywidualne prawo pracy

Beata Rutkowska

PhD; Assistant Professor at the Department of Labour Law of Nicolaus Copernicus University in Toruń; author or co-author of scientific publications on individual and collective labour law issues. Her research interests focus on issues concerning the sources of labour law, as well as the institutions of collective labour law, with particular emphasis on employee representation.

Książki autora:

- Outline of Polish collective labour law

Jagoda Jaskulska

PhD; Assistant Professor at the Department of Labour Law of Nicolaus Copernicus University in Toruń; author or co-author of scientific publications on labour and social law issues. Her research interests focus on issues of individual and collective labour law, as well as problems related to employment in medical entities and relations between labour law and civil law.

Książki autora:

- Outline of Polish collective labour law
- Indywidualne prawo pracy
- Stosowanie przepisów Kodeksu cywilnego na podstawie art. 300 Kodeksu pracy