Social Dialogue

Information and consultation of employees

The provisions of the Act of 7 April 2006 on information and consultation of employees apply to employers conducting business activities and employing at least 50 employees.

However, they will not apply to:

• state-owned enterprises in which the enterprise’s staff self-government is created,
• mixed enterprises with at least 50 employees,
• state film institutions.

In these entities, the right to be informed and consulted is vested in the staff council.

Composition and term of office of staff councils

The size of a staff council depends on the number of employees employed. In view of this, the staff council consists of:

• 3 employees for 50 to 250 employees,
• 5 employees for 251 to 500 employees,
• 7 employees for over 500 employees.

However, the staff council may agree with the employer that the number of its members will be different, but not less than 3 (Article 5(2)(1) of the Act).

The staff council elects a chair from among its members and adopts its rules of procedure.

The term of office of the staff council is four years from the date of its election, even if the workforce falls below 50 employees.

The first meeting of the council should be convened by the employer within 30 days of the election. On the other hand, at least 60 days before the expiry of the term of office, it must notify the employees of the election to the next council.

Principles for the election of staff councils

The election of the staff council shall be organised by the employer at the written request of a group of at least 10% of the employees. Under the rules in place at the company, the employer shall notify when the election will take place and the deadline for submitting candidates. Such information must be provided no later than 30 days before election day. While the deadline for submitting candidates for members of the staff council is 21 days.

The active right to vote is the right to vote, which can be exercised by any employee, with the exception of juvenile workers.
The passive right to vote is the right to be elected. An employee who has worked continuously for the employer for at least one year is entitled to be a passive voter, unless the employer has been in operation for a shorter period.

It is worth noting that the passive right to vote does not apply to an employee who is the sole manager of the workplace, their deputy, an employee who is a member of the collegial governing body of the workplace, the chief accountant, the legal adviser and a juvenile worker.
The period of employment, necessary for the determination of the passive right to vote, includes the period of employment with the previous employer, if the change of employer took place in accordance with the principles set out in Article 231 of the Act of 26 June 1974 – the Labour Code, and in other cases when, on the basis of separate provisions, the new employer has become, by operation of law, a party to the previous employment relations.

Election procedure

The election of the members of the staff council shall be carried out by an election committee, the composition, rules of appointment and operating procedures of which shall be laid down in the rules of procedure established by the employer and agreed with the employees elected in accordance with the procedure adopted by the employer. If the regulations are not agreed within 30 days from the date of their transmission, the regulations shall be determined by the employer, taking into account the arrangements made during their agreement.
The election shall be held on a working day, if possible, at a general staff meeting or as otherwise provided for in the election regulations, no later than 30 days from the date of its determination. The election is direct and secret.

The election is valid if at least 50% of the employer’s employees have participated. If fewer employees have voted, a re-election shall be held 30 days after that election. Such a re-election is valid regardless of the number of voters.

The candidates who receive the highest number of votes consecutively shall become members of the staff council. If the votes are equally divided and there are not enough seats on the council, a re-election is held from among these candidates.

If the candidates for members of the staff council receive an equal number of votes and the number of seats remaining to be filled is less than the number of such candidates, the election of the members of the staff council shall again be carried out by the staff from among those candidates.

Scope of information and consultation delegated to staff councils

The rules of interaction between the employer and the staff council shall be contained in the arrangement referred to in Article 5 of the Act. However, it is not mandatory. If no such arrangement is concluded, e.g. due to the failure of negotiations, the statutory cooperation standards, mainly contained in Articles 13 to 16 of the Act, shall apply.

According to them, the employer provides the staff council with information concerning:

• the activities and the economic situation of the employer and changes envisaged in relation thereto,
• the employment structure and anticipated employment changes, as well as activities aimed at maintaining the level of employment,
• activities that may lead to significant changes in the work organisation or the employment basis.

The employer shall provide information within a deadline, in the form and scope enabling the staff council to review and analyse the matter. The staff council may provide an opinion on these matters. It should be noted that the adoption of the opinion requires the agreement of a majority of the members of the staff council. In addition, any member of the council may express a dissenting opinion, which must be presented to the employer.

It needs to be emphasised that the employer shall provide information in the event of anticipated changes or intended actions and at the written request of the staff council.

On the other hand, the subject of consultations (Article 14 of the Act) shall be conducted by the employer with the staff council on matters concerning:

• the employment structure and anticipated employment changes, as well as activities aimed at maintaining the level of employment,
• activities that may lead to significant changes in the work organisation or the employment basis.

Consultations should be carried out:

• within a deadline, in the form and scope enabling the employer to undertake measures with respect to the matters covered by consultations,
• depending on the topic of the discussion, at the relevant managerial level,
• on the basis of the information provided by the employer and the opinion presented by the staff council and the dissenting opinion of a staff council member,
• in a manner enabling the staff council to meet the employer in order to learn its position, together with a justification of the opinion of the council,
• to provide the opportunity to reach an agreement between the staff council and the employer.

It is also worth emphasising that the staff council and the employer conduct consultations in good faith and in a manner respecting the interests of the parties.

Information obligation

Pursuant to Article 18 of the Act, the employer is obliged, within 30 days from the date of the election of the members of the staff council, to provide the minister responsible for labour with information on the election of staff councils in accordance with the model attached to the Act. The obligation to provide information on the election of staff councils applies to both the first and subsequent terms of staff councils.

If you have any questions, please contact us:

Department of Social Dialogue and Partnership
Ministry of Family and Social Policy
ul. Żurawia 4a
00-503 Warsaw
Tel. +48 538 117 090
e-mail: Sekretariat.DDP@mrips.gov.pl
 

​Translated with the support 
of the European Labour Authority