Non-Union Forms of Representation Within the Collective Employee Representation System – Current Situation and Trends
Non-Union Forms of Representation Within the Collective Employee Representation System – Current Situation and Trends

Summary/Abstract: The intention of this paper is to analyse various aspects of non-union employee representation. An analysis of the existing provisions on the form and competences of non-union employee representation makes it possible to draw a number of conclusions. On the one hadn, Polish acts of law establish a monopolistic role of representative trade unions. On the other hand, the importance of work councils is decreasing systematically. The main problems are the indeterminate subject matter of the information and consultation duty and the lack of legal certainty. It is necessary to introduce a fixed deadline for expressing or refusing consent by the council and judicial review for situations where such a consent has been refused. Also the ad hoc representation demands more detiled regulation. The terminology should be harmonised. At least some basic election rules, minimum formal requirements for information and consultative processes and some elements of protection should be introduced. There is also a need to for the appointment of mixed representations combining both trade union and democratic principles, in a situation where a specific prerogative has not been strictly assigned to trade unions.

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