POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
of unpaid leave shall not be included in the period of work on which employees’ rights depend. 5.3 Other New Manifestations Co-Working In practice, it is increasingly common to work in a co- working space rented by an employer. This solution is used by employers whose employees mostly work remotely from home and who do not have their own office in a given city. In order to enable team meetings and team integration, employers decide to rent shared spaces where employees meet from time to time. Polish Regulations There are no contraindications under Polish law to using this solution. The co-working centre in question should be treated as an “extension” of an employer’s office. Therefore, particular attention should be paid to proper definition of the place of work or place of remote work. 6. Collective Relations 6.1 Unions Trade Unions as Representatives of Employee Rights A trade union is a voluntary and self-governing organi - sation of workers, established to represent and defend their rights and professional and social interests. Labour law provisions grant numerous rights to trade unions. Trade unions not only represent the rights and interests of their members in individual labour law matters but also represent all employees of a given employer in matters of collective rights and interests, regardless of whether a particular employee is a mem - In the case of collective employee rights, trade unions play an important role in negotiating collective labour agreements with the employer, which determine the terms of remuneration and other important work - ing conditions in a given workplace. In addition, the employer should agree with the trade unions on the content of internal regulations, such as the remunera - tion regulations, work regulations or social benefits ber of a trade union. Collective Interests
fund regulations. Trade unions also perform a super - visory function, monitoring the employer’s compliance with labour law and health and safety regulations. Trade unions may report any irregularities they find to the relevant authorities, primarily the National Labour Inspectorate. Individual Matters Trade unions also actively participate in representing employees in their individual cases. The employer should consult the trade union about the termina - tion of the employment contract when dismissing an employee represented by the union. In addition, trade union representatives may represent their members in court proceedings against the employer. 6.2 Employee Representative Bodies Trade Union The most common institution that represents the inter - ests of employees before their employer is a trade union. It is established by a resolution adopted by at least ten persons. These persons should adopt the statutes and elect a founding committee consisting of three to seven persons. A trade union is subject to registration in the National Court Register – the founding committee should sub - mit an application for registration within 30 days of adopting the resolution on the establishment of the union. If this deadline is exceeded, the resolution becomes invalid. Works Council Another form of employee representation is a works council, which may be established at employers that conduct business activities and that employ at least 50 employees. Elections of works council members are organised by the employer at the written request of a group of at least 10% of employees. The term of office of the works council is four years. The purpose of the council is to provide information on: • the employer’s activities and economic situation, and any anticipated changes in this regard;
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