The Notion and Scope of Trade Union Freedom
The Notion and Scope of Trade Union Freedom

Summary/Abstract: This paper is an analysis of the various aspects of the trade union freedom guaranteed in Art. 59 sec. 4 of the Polish Constitution. The Polish Constitution defines trade union freedom only in a general way, as a right to form trade unions which are free to conduct their activities. Such a general definition raises many doubts as to the scope of that notion and it is the author’s main point of interest. The notion of trade union freedom includes those aspects of formation and functioning of trade unions which are guaranteed under international agreements ratified by Poland, including conventions of the International Labour Organisation. In particular, it covers the protection of employment against dismissal due to trade union membership or activity. On the other hand, it does not include trade union powers in respect of individual and collective worker issues, which are determined by the law and possibly by collective agreements between the employer and trade unions. Also the rights that are granted by EU legislation to workers’ representatives do not fall within the scope of trade union freedom.

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