The future of collective disputes in the context of the right to undertake collective action Cover Image

Przyszłość sporów zbiorowych w kontekście prawa do podejmowania działań zbiorowych
The future of collective disputes in the context of the right to undertake collective action

Author(s): Karol Sołtys
Subject(s): Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: collective labour law; collective disputes; right to strike; right to lockout; trade unions

Summary/Abstract: Karol Sołtys’s aim in this article is to identify future threats in the area of collective disputes. He examines in detail three issues: the monopoly that trade unions have on organising strikes against the background of the low level of workers’ membership in trade unions; the employer’s passivity towards the possibility of the simultaneous organisation of numerous strikes in the workplace; the right to lockout. In view of the threats discussed in the article, it is necessary to open a debate in Polish labour law over the adoption of exceptions to the said trade unions’ monopoly on organising strikes. The debate should consider the possibility of a liberalisation of regulations concerning the representation of employees. In the context of employer protection, special attention should be paid to the right to retaliatory lockout.

  • Issue Year: 3/2022
  • Issue No: 20
  • Page Range: 1-21
  • Page Count: 21
  • Language: Polish