Collective labor agreements, in addition to the Labor Code, specific acts relating to employment matters and other agreements, regulations and statutes, are among the sources of labor law.

There is hierarchy in this group. This means that the provisions of collective agreements cannot be inconsistent with higher-level acts, e.g. the Labor Code, but may expand the statutory rights of employees. Most organizations take advantage of this opportunity and negotiate the content of the provisions of the collective agreement in such a way that they improve the situation of employees.

This principle also applies to the provisions of the company and multi-company collective labor agreement. The regulations do not prohibit the establishment from being covered by both an in-house and a supra-enterprise collective agreement. In the case of more favorable provisions of inter-company regulations, the company regulations must be adjusted accordingly.

A collective labor agreement is an agreement concerning the mutual rights and obligations of the parties to the employment relationship. The Act authorizes the employer and the trade union operating in his plant to conclude it. The legislator does not define which trade union organization may take the initiative to conclude an agreement, but to conclude an agreement it is necessary for at least one „representative company trade union organization” to participate in the negotiations.

In order for the provisions developed to become a source of internal company law, a collective labor agreement must be registered.

The matter that is prohibited from being regulated in this way by the Labor Code is the criteria for remunerating management staff.

First of all, the obligation to apply the regulations rests with the employer and employees. It is permissible for the provisions of a collective agreement to cover a wider group of people. If the creators of the arrangement decide so, co-workers who perform duties on a basis other than an employment contract, e.g. mandate contract or contract for specific work, and even retirees who no longer work will be able to benefit from the rights in the agreed form.

Any person employed by an employer that is a party to the agreement should be able to take advantage of the provisions. Code provisions allow for exceptions to this rule. If the parties to a company labor agreement decide that a certain group of employees, e.g. management staff, should be excluded, they should include an appropriate annotation in the provisions they create. This procedure cannot limit rights resulting from acts placed higher in the hierarchy of sources of labor law.

An absolute ban on concluding collective labor agreements applies to certain professional groups. This privilege cannot be used, for example, by judges, prosecutors or members of the civil service corps.

The reason for suspension may be the employer’s difficult financial situation. In such a situation, the entities involved in concluding the agreement may establish a temporary break in the validity of its provisions. If the company is a member of an inter-company agreement, negotiations with the employer may be conducted by a trade union unit operating in the problematic company.

The suspension may apply to all or part of the provisions. It is unacceptable that the suspension lasts longer than 3 years. Information about suspension must be reported to the appropriate register. Lawyers should also familiarize themselves with the content of the report.

Source:https://www.money.pl/firma/wiadomosci/uklad-zbiorowy-pracy-na-czem-polega-6337359513274497a.html

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