Zbiorowy spór pracy w polskim ustawodawstwie i praktyce
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Date
1988
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Collective labour disputes in Polish legislation and practice
Abstract
The subject-matter of the article are the problems of collective labour disputes
(chapter 5 of the Act of Oct. 8, 1982 on Trade Unions).
The second part of the article is devoted to the notion of a collective labour
dispute according to the Polish law. A collective labour dispute is defined as a
conflict arising from a threat to economic and social interests of a given group
of employees. Much attention has been devoted to the scope of a concept of an
interest in the light of sociological and economic theories, and to the distinction
between general and professional interests.
The above problems are discussed on the example of some labour disputes in
Polish enterprises in years 1984 — 1986 concluded by decisions of Social Arbitration
Boards, i.e. the institutions provided for in the Trade Unions Act. The considerations
lead to the conclusion that a collective dispute in its legal sense, as
a conflict of interests, must have the features of a conflict of interests which are
inherently connected with a socio-lega! status of a person as an employee and
not with his/her status as a citizen, as a member of a political party, a social organization
or a religious association, etc.
The Act provides for two categories of collective labour disputes: disputes on
an enterprise and supra-enteprise level. The article analyses in detail the criteria
delimiting those two categories and gives examples of various ways of understanding
those criteria in the judicial practice of the State court, especially the
Supreme Court and Boards of Social Arbitration.
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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 50, 1988, z. 4, s. 115-131
Seria
ISBN
ISSN
0035-9629