Rady pracownicze w centralach i oddziałach banków — udział pracowników banków w zarządzaniu
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Date
1985
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Wydział Prawa i Administracji UAM
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Workers' Councils in head and branch offices of banks — participation of bank workers in management
Abstract
Participation of workers of head and branch offices of banks in decision making
as regards matters concerning their banks is separately regulated according
to art. 48 of The Self Government of State Enterprise Workers Act. of September
25, 1981. It was legislated in art. 88 of The Banking Law Act of February 26,
1982 and in the Decree of the Council of Ministers of February 10, on the election
of and principles of operation of workers' councils in head and branch offices of
banks. This regulation varies from the regulation of self-government of State
enterprise Workers on account of its formal character and matter. The differences
regard the organizational structure, character and types of competence, forms of
activity as well as protection of the workers right to participate in decision making
processes. The following questions seem essential:
1. Banking law and the above cited Decree provide only a one type of organ
that is a workers' council numbering 9-11 members in the head offices and 3-9
members in the branch offices.
2. Upon regulating competence of workers' councils in the banks, the Decree
leaves them only vested with competence to make motions and act within advisory
scope.
3. Responsibilty of a bank chairmen or a director before the workers and
their organs is not provided. There are consequently no elements manifesting self-
-governing character of a bank as an organizational unit and indicating at the
workers as a subject to participate in a decisionmaking process in the interrelations
between a bank organ and organ of workers' self-government.
4. The regulation of status and operation of workers councils in banks does
not include provisions on a protection of labor relation of members of those
organs.5. Provisions of Banking Law and of the cited Decree fail to formulate the
principle of independence of workers councils of banks from the State administration
organs.
These and other divergences quoted in the article are convincing on specific
features of workers councils in banks as compared with the institution of State
enterprise workers self-government regulated in the relevant act. Consequently,
provisions of Banking Law and of the Decree of Council of Ministers cannot be
recognized as executing art. 48 of the Workers Self-Government Act having of
course established that banks are the enterprises within a meaning of both Acts
of September 25, 1981.
If however we adopt that banks are not the enterprises, then the Banking
Law regulation must be recognized as a self-contained source of right of bank
workers to participate in decision making regarding those institutions.
Apart of formal obstacles, the others can be quoted which prevent recognition
of bank workers councils as a form of selfgovernment as in case of enterprises:
1) lack of competence to lay down rules,
2) no possibility for bank workers to participate directly in decision making,
3) no possibility for „self-definition" as e.g. in a form of statute,
4) no independence of bank workers' councils from the State administration
5) impossibility to recognize any bank workers council as an organ representing
the whole body of workers,
6) undertaking activity in a result of motions originating from outside.
In that state of affairs the participation of workers in banks approaches;
a form of consultation. It is resulted by priorities assigned by the legislator to
structural and functional elements related to position of bank in the economy,
before the recognition of subject status of workers employed in banks
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 2, s. 63-81
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ISBN
ISSN
0035-9629