Journal of Modern Science (Jul 2023)

The right of trade unions to information in the Polish labour law system

  • Krzysztof Wojciech Baran

DOI
https://doi.org/10.13166/jms/167450
Journal volume & issue
Vol. 51, no. 2
pp. 174 – 185

Abstract

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Objectives The right to obtain information from the employer is fundamental for the activity of trade unions. In the Polish labour law system, a pluralism of normative approaches functions in this matter. As a result, in practice we are dealing with a specific interference of competences of trade unions. In order to obtain specific information, they have to reference different legal bases. The aim of this study is to provide a comprehensive presentation of this complex issue. Material and methods Analysis of regulation Results introduced in this matter, as well. Conclusions To sum up this discussion on the right of trade unions to information, I would like to conclude that, in the Polish labour law system, we are dealing with a pluralism of normative solutions in this matter. Individual provisions regulate the issue of access to information in various ways, not only in the subjective, but also in the procedural aspect. In this respect, we are dealing with a specific interference of competences of trade unions. In order to obtain specific information, they have to reference different legal bases. Due to that, I recommend, de lege ferenda to unify the legal regulations in a single legal standard, which should ideally be included in the Act on trade unions. Another disadvantage of the currently existing legal regulations is the lack of universal prerequisites for the refusal to provide information by the employer. In its consequences, it leads to chaos and various conflicts with trade unions. Due to the above, I suggest that specific material law and procedural regulations should be introduced in this matter, as well.

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