Rada pracownicza w systemie organów przedsiębiorstwa państwowego
Loading...
Date
1982
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Workers Council in a System of Organs of the State Enterprise
Abstract
The reform of planning and managing system of the national economy in
Poland is mostly concerned with a functioning of State enterprises. The new
economic model has endowed its organizations with an economic independence,
self-management and self-financing. The idea of self-management of enterprises
is manifested in the shape of worker's self-management. Worker's councils are
presently functioning as a basic and permanently active organ of the worker's
self-management. According to sec. 2, par. 2 of the Act of 25 Sept. 1981, the
worker's council is an organ and representation of the personnel's self-management.
Simultaneously, by virtue of the State enterprises' Act, the workers' council
obtained a status of the organ of State enterprise. Being the organ of workers'
self-management, the worker's council enjoyes an attribute of independence from
the State administration organs, as well as from the political and union ones.
Consequently no pressure can be exerted by these organs on the worker's council
in the scope of its preemption. There are direct ties between the council and the
personnel of an enterprise in order to secure the independence of the first: the
council is elected by the personnel in a direct, general and equal poll. The
independent status of the council member is guaranteed by the interdiction
of a notice or dissolution of an employment contract without a previous consent
of the council. The attribute of council's independence does not imply its isolation
from other organs of the enterprise management. It concerns both the workers'
self-management organs and organs managing professionally i.e. the enterprise
director. Relations of the council to the general assembly of the personnel are
based on a definite dependence of the council from the assembly. The assembly
passes, among others, a statute of the workers' self management, the basic,
internal normative act stating the position and functioning rules of the workers'
council. The assembly is also vested with a right to recall a council in toto or its
individual members.
Mutual interdependence and, to some extent, keeping each other under control
are characteristic of the relations between the council and the director of an
enterprise. The workers' council is vested with the right to suspend the execution
of a director's decision and the director, in turn, can suspend the execution of
a council's resolution. Contentions as to an application of the supervisory measures
are tried under special mode of proceedings. The up-to-date practice does not
allow for more exhaustive evaluation of the effectiveness of self-management
organs in the State enterprises. One can venture the opinion that a rank of the
self management organs will be increasing with the process of making enterprises
independent.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 4, s. 85-103
Seria
ISBN
ISSN
0035-9629