The freedom of association in trade unions is guaranteed to everyone who performs paid work in Poland. A trade union may be founded by a group of at least 10 workers who have the right to establish trade unions, and they decide, at their discretion, what persons (categories, groups, professions) will be members of the union.

The membership principles for trade unions and the principles for performing union functions are specified in the statutes and resolutions of their bodies. A new member is usually accepted to join a trade union after he/she has submitted his/her membership declaration. The decision whether or not to approve a membership declaration is made by the competent statutory authorities of the trade union. Operating at a work establishment may be either a workplace or inter-company trade union organisation. Trade unions may form federations and confederations.

Membership in a trade union is voluntary. Nobody can suffer negative consequences of his/her membership in a trade union. Trade unions represent both collective and individual workers' rights and interests. As regards collective rights and interests, trade unions represent all workers, regardless of their trade union membership (e.g. they conclude collective agreements and accords, and agree on work regulations, principles of remuneration and the Company Social Benefits Fund). As regards individual employment-related matters, a workers may be represented by a trade union if he/she is a member thereof or if the union organisation of his choice agrees to defend his/her worker rights (e.g. trade unions are consulted on planned terminations of employment contracts).

On 1 January 2019, new legislation entered into force which gives the full right to create and join trade unions to all persons performing paid work. According to the amended Act, a person performing paid work means both the worker within the meaning of the Labour Code and a person performing work for remuneration on a basis other than employment relationship, provided that the latter does not employ other persons to perform the work, irrespective of the actual basis of the employment. Furthermore the latter has the same rights and interests relating to the performance of his/her work, and these rights and interests may be represented and defended by a trade union. The new provisions provide for creating and joining trade unions to all persons who perform work under civil law contracts and natural persons who conduct a one-person non-agricultural economic activity (also referred to as self-employed persons). The right to join existing trade unions is now also vested in volunteers, apprentices and other persons who perform unpaid work in person.

Beginning on 1 January 2019, the privileges required to conduct trade-union activities - e.g. the right to be released from professional work for the duration of an ad hoc activity or the special protection of trade union activists against the termination or disadvantageous amendment of their employment contracts - are now guaranteed also for persons performing paid work other than workers.

According to data for the year 2014 from the Statistics Poland (Główny Urząd Statystyczny), members of trade unions accounted for 11% of all working persons.

Workers representation for information and consultation purposes is provided by works councils which operate at employers that employ at least 50 workers. Works councils are elected by workers and have the right to obtain information regarding the employer's activity and economic situation and to obtain information and conduct consultations regarding the status, structure and expected changes in employment and regarding activities which affect the organisation of work or employment basis.

The law does not provide for any restrictions regarding membership in works councils for EU and EFTA Member State citizens or their family members who are not EU or EFTA Member State citizens employed in Poland.

 

For more information visit:

Ministry of Family and Social Policy

Department of Social Dialogue and Partnership

Independent and Self-Governing Trade Union Solidarność (Niezależny Samorządny Związek Zawodowy “Solidarność”)

All-Poland Alliance of Trade Unions (Ogólnopolskie Porozumienie Związków Zawodowych)

Trade Unions Forum (Forum Związków Zawodowych)

National Labour Inspectorate

 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Economic Development, Labour and Technology

Department of Social Dialogue and Social Partnership

email: sekretariat.ddp@mrips.gov.pl

 

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