There are no works councils. On the selection of such Polish employee representatives, the new Act distinguishes between cases where there the multinational concerned has only one Polish operation and cases where it has more than one operation. Trade unions in Poland have lost members and influence and become increasingly marginalised in recent years, with trade union density having fallen to as low as 14% of the workforce (PL0208105F). Employee representation is rooted in the Member States’ labour laws on trade unions and the representation of workers at workplace and enterprise levels. The second type is a collective bargaining agreement (CBA) which is between a labor union and an employer only. In April 2002, Poland's Act on European Works Councils (Europejskie Rdy Zakladowe) was adopted, aimed at implementing European Union Directive (94/45/EC) of 22 September 1994 on the establishment of an European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. 0000037248 00000 n This trade union fee paid by the employer is a permissible deduction when assessing corporate income tax. (Freeman and Medoff 2004) tell about the positive factors of unions and say if the company takes care of it employees it can enhance their performance at work place and will motivate them. For as long as the employee is not entitled to protection in case of illness or common accident from the social security authorities, the employer must pay to the employee 50% of salary from the third to the twelfth month. In companies with fewer than 50 employees, a member of the CSE may be appointed as a union representative. Employees have the right to establish and operate trade unions, and collective bargaining will have binding legal effect. In case of small and micro companies: The employee is paid, in case of illness or common accident, the amount of 50% of the base salary, within 90 days, after which the contract is terminated by expiration if the condition of illness remains. Employment contracts for an unlimited period of time may be subject to a probation period corresponding to the first 60 days of performance of work; the parties may, by written agreement, reduce or waive this period. 0000005491 00000 n Tell us what you think. The changes between 1996 and 2005 which are most significant for assessing how the Fair Work Act was designed and has come to operate were the ones that altered bargaining plans and other changes which reduced union performance. Employers are not allowed to fund a union's activity. Whenever the employee’s handbook or any other rules and regulations establish any rules on performance and discipline, remuneration systems, work performance or safety, hygiene and health protection at work, the employer must forward such regulations for information and registration purposes to the General Labour Inspectorate. Trade unions are prevalent in certain sectors (public sector, health services, manufacturing). Unilateral termination by the employer: dismissal based on objective grounds (redundancy reasons); disciplinary dismissal with just cause (based on serious breach of the employee's duties). Redundancy, notice, retirement and transfers, Health and Safety Executive - Consulting employees on health and safety: A guide to the law [PDF, 203kb], Representation at work: how Acas can help, Advisory booklet - Representation at work, Ask Acas - Trade union recognition pdf [42kb], Code of Practice - Disclosure of information to trade unions pdf [346kb], Code of Practice - Time off for trade union duties and activities pdf [748kb], Advisory booklet - Non-union representation in the workplace pdf [4Mb], Advisory booklet - Trade union representation in the workplace pdf [448kb], encourage the workforce to identify more closely with the organisation's performance, improve the quality of decisions by providing input from workers with the relevant knowledge and skills, help understanding and management of change, consult with the employer, or receive information from the employer, about mass redundancies or business transfers. Staff delegation at the level of an Economic and Social Entity: several companies together form an "economic and social entity" when they have a shared management, identical and complementary activities, a community of employees working with the same interests and a comparable social status. This guide gives advice to employers and non-union workplace representatives on the provision of time off, training and facilities to enable non-union representatives to carry out their duties.