Niektóre sporne problemy nowej ustawy o związkach zawodowych
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Date
1983
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Wydział Prawa i Administracji UAM
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Some controversial problems of the new trade unions act
Abstract
The article consists of four parts. In the first one, the author advocates that,
it is an a c t u a l position of the trade unions which is decided by practice of
the system, culture and political customs, virtual relations between unions' organs
and organs of the party and State and economic apparatus or by an extent of
its real influence on a shape of socio-economic policies and their implementation.
Legal regulation of the trade unions movement is therefore necessary, but it cannot
guarantee by itself the equal position of the unions vs. the party and the
State in the structure. It should be the regulation limited to the basics, not introducing
specific provisions. The previous Trade Unions Act of 1 July 1949 revealed
such a skeleton structure; yet, the law was not implemented in a correct way.
In the second part of the article the author discusses the so-called transitional
provisions of the new Act of 8 October 1982, limiting temporarily unions' rights
to their discretion in assuming names and forming their organizational structures,
and suspending the so-called plurality of the unions until the end of 1984.
The author's attention is focused on sec. 52 of the Act prescribing loss of legal
validity to the previous acts registering trade unions. In the opinion of the authorit
is a political decision, and as such it has been controversial. From the legal
point of view the fact that it is resulted by a legal norm (act of lawmaking) and
not by an administrative act (act of law implementation) what has expliciteiy
been forbidden by the convention (nr 87 of the International Labour Organization)
is of no crucial importance here. As it was already expressed in the legal literature
individual and specific decisions are in the discretion of administrative
organs, yet in case of declaring loss of legal validity, the decision was trade by
the legislative. A formal substantiation of such move could not be therefore
required, while it could have been troublesome for administrative organ or court. Subjective scope of the regulation, principle of branch structure of the
unions and their tasks are discussed in the third part. The tasks are still understood
as the protection of rights and interests of workers, but this has to be
implemented in the way complying with the conditions of the Polish system.
Problems of wages for periods of strike are presented in the closing part of
the article. The author advocates that the remuneration ought to be decided in
the agreements terminating a strike. Sec. 45 of the Act is interpreted in this way
by the author i.e. strike remuneration is not guaranteed ex lege by the new
regulation but it is also not forbidden for a workplace authorities to oblige themselves
to pay such a remuneration in total or in part.
It is emphasised by the author in the closing remarks that limitations of
union freedoms introduced by the new Act should not be left unsaid, it is necessary
to explain their temporary reasons to the society and immediately withdraw
these limitations as the socio-political situation in the country stabilizes.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 45, 1983, z. 3, s. 29-42
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ISBN
ISSN
0035-9629