Is the strike the last resort?

A collective dispute between employees and the employer may concern, among others: working conditions, wages or social benefits. When negotiations and mediation fail to resolve the dispute, employees may decide to go on strike.

The provisions on strikes are contained in the Act on Settlement of Collective Disputes. It reads (Article 17(1)), inter alia, that a strike consists in the collective refraining of employees from performing work in order to resolve a dispute concerning the interests indicated in Art. 1, i.e.: „A collective dispute between employees and an employer or employers may concern working conditions, wages or social benefits as well as trade union rights and freedoms of employees or other groups who have the right to associate in trade unions.”

The Act also contains a provision (Article 17(2)) that a strike is a last resort and cannot be announced without first exhausting the possibilities of resolving the dispute.

The provisions contained in the act on resolving collective disputes also stipulate that the employee’s participation in a strike organized in accordance with the provisions of the act does not constitute a violation of employee duties and that during the period of the strike organized in accordance with the provisions of the act, the employee retains the right to social security benefits and rights under the employment relationship, except for the right to remuneration. The period of break in the performance of work is included in the period of employment in the workplace.

Strikes, as forms of protest, have played a very important role in our recent history. In the times of the Polish People’s Republic, they were an important weapon in the fight against the totalitarian system. They were often a turning point and started mass protests. What do Poles think about the strike right now?

A survey conducted by InterviewMe showed that 78% of Poles support strikes as a form of protest at work. At the same time, 61% of respondents believe that strikes can be effective.

Among the reasons for a possible strike, Poles most often indicate: too low wages (64% of responses), poor treatment of employees (64% of responses), poor working conditions (58% of responses) and company policy (27% of responses).

Low wages or poor treatment of workers as an impetus for a strike seem perfectly understandable. Both of these reasons also push people to change jobs. Employers should be aware that by caring for the well-being of employees, they also care about the interests of the company. It is the employer’s duty to provide employees with both financial and psychological security, comments Wojciech Martyński, career expert at InterviewMe.

The survey also shows that 75% of the population are not afraid to go on strike, and 78% fully support professional groups that have decided to fight for their rights or better working conditions. Poles mainly support the protests of paramedics (55%), miners (53%), nurses (52%), teachers (41%) and doctors (40%).

Despite the prevailing opinion that civil society is not very active in our country, in the sphere of declarations, Polish employees are ready to protest if employers do not provide them with decent wages and appropriate working conditions – sums up Marta Rojewska, the author of the report.

Source:https://kadry.infor.pl/wiadomosci/5562614,Strajk-srodek-ostateczny.html

Region Gdański NSZZ „Solidarność”

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.

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