POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
• the state, structure and anticipated changes in employment; and • measures that may cause significant changes in the organisation of work or the basis of employ - ment. In the matters referred to in the second and third points above, the employer should carry out consul - tations with the works council. European Works Councils European Works Councils may be established in Com - munity-scale companies and groups of companies, meaning an undertaking or group of undertakings that employs at least 1,000 employees in the member states of the EU, including at least 150 employees in at least two member states of the EU. First, a special negotiating body is set up to negoti - ate an agreement with the central management body of the company on the establishment of a European Works Council. In particular, the agreement specifies the composition of the European Works Council, its powers and the manner in which it is to be informed or consulted. In a workplace based in Poland, the members of the special negotiating body, as well as of the European Works Council, are appointed by representative trade union organisations operating in that workplace; in the absence of such organisations, they are elected by the employees in a secret and direct ballot. The term of office of the European Works Council is four years. The European Works Council is enti - tled to obtain information and conduct consultations concerning a Community-scale company or group of companies. 6.3 Collective Bargaining Agreements The Role of Collective Bargaining Agreements A collective bargaining agreement is a type of agree - ment that regulates the terms and conditions of remu - neration for employees. It may also specify other important terms and conditions of employment, such as working time or the broadly understood organisa - tion of work.
The agreement is a source of labour law, which means that the working conditions resulting from the agree - ment are directly applicable to the situation of an indi - vidual employee. However, the provisions of a col - lective agreement cannot be less favourable than the provisions of the Labour Code and other laws. Collective agreements can be divided into two types – ie, company agreements and inter-company agree - ments. A company agreement is concluded by a specific employer with the trade unions operating at that company. An inter-company agreement may be concluded by an employer organisation body, on behalf of the employers affiliated to that organisation, with the competent body of an inter-company trade union organisation, which is understood to mean a national trade union, an association of trade unions or a national inter-union organisation. The Conclusion and Registration of Collective Bargaining Agreements The collective bargaining agreement shall be conclud - ed through negotiations, which should be conducted in good faith. It may be concluded for a definite or indefinite period. The agreement shall enter into force subject to its entry in the register kept for: • inter-company agreements – by the minister responsible for labour; and • company agreements – by the competent district labour inspector. New Collective Bargaining Agreement Act The Council of Ministers has adopted the draft of a new collective bargaining agreement act, which will be submitted to parliament. The draft provides (among other things) for: • the possibility of a mediator participating in nego - tiations; • a simpler procedure for registering the agreement (notification to a special register in electronic form); and • the possibility for judicial review of the compliance of the provisions of the agreement with labour law.
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