On June 7, 2018 the lower house of parliament amended the Trade Unions Act. If the further legislative process runs smoothly, the proposed changes may come into force early 2019. The changes will result in:
- Individuals engaged under civil law contracts (e.g. contractors or self-employed) will be able to establish or join trade unions. This means that, with the increase in the number of trade union members or company trade union organizations, the number of activists entitled to special protection against dismissal may increase.
- Trade unions will be able to demand more information from employers. In addition to information about working conditions and remuneration principles, trade unions can expect information about the commercial situation of the employer in the broad sense and the structure of employment and any planned changes. Answers will have to be provided within 30 days.
- Employers, on the other hand, will receive a tool to verify the number of the trade union members. In case of doubt, the employer will be able to submit a written objection to the trade union. The trade union, if it wants to continue exercising its rights, will have to report to court and it will verify the number of trade union members.
- Individuals holding trade union positions will be subject to extended misdemeanor liability. If they allocate revenues from the trade union's business activities to purposes that are not in pursue of statutory tasks, divide it among members of the union or overstate the number of union members in order to obtain rights that depend on the size of the trade union, they may be fined up to PLN 5,000.
We will keep you informed on any developments with this Act and the date it takes effect.
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