In the Polish legal system, amicable settlement of disputes between an employer and an employee is considered a desirable way for the parties to the employment relationship to pursue their rights due to their active participation in jointly developing a solution acceptable to both parties.

In the provisions of Art. 244-258 of the Labor Code regulates the institution of conciliation proceedings, under which an employee may pursue his or her claims against the employer. An alternative way is to go to court.

The Labor Code recommends that the employer and the employee strive to settle employment relationship disputes amicably before conciliation committees appointed jointly by the employer and the company’s trade union organization, and if there is no such organization at a given employer – then after the employer obtains a positive opinion from the employees.

Performing the duties of a member of the conciliation commission is a social function. However, such a person retains the right to remuneration for time not worked in connection with participation in the work of the committee. Expenses related to the activities of the conciliation commission are borne by the employer. They also include the equivalent of lost remuneration for time not worked by the employee in connection with participation in conciliation proceedings.

The following persons cannot be members of the conciliation commission: a person managing the workplace on behalf of the employer, the chief accountant, a legal advisor or a person handling personnel, employment and payroll matters.

The conciliation commission selects from among its members the chairman of the commission and his deputies and establishes the regulations of the conciliation proceedings. Proceedings before the committee are initiated at the employee’s request submitted to the minutes in writing or orally. This interrupts the deadline (21 days) for submitting to the labor court:

• appeals against the termination of an employment contract;
• demands for reinstatement or compensation – in the event of termination of the employment contract without notice or expiration of the employment contract;
• requesting the conclusion of an employment contract – in the event of notifying the employee of refusal to be employed.

The conciliation commission conducts conciliation proceedings in teams consisting of at least three of its members, striving to settle the matter by way of settlement within 14 days from the date of submission of the application. The settlement concluded before the conciliation commission shall be entered in the minutes of the meeting of the commission team.

It is unacceptable to conclude an agreement that would be contrary to the law or the principles of social coexistence.

If the proceedings before the conciliation commission do not lead to a settlement, the commission, at the request of the employee – reported within 14 days from the date of completion of the conciliation proceedings – immediately refers the case to the labor court. The employee’s request for an amicable settlement of the matter by the conciliation committee then replaces the lawsuit. Instead of submitting a request, the employee may also file a lawsuit to the labor court under general rules.

If the employer fails to execute the settlement, it is enforceable in accordance with the provisions of the Code of Civil Procedure, after the labor court issues an enforceability clause to it. However, the labor court will refuse to do so if the commission’s files show that the settlement is contrary to the law or the principles of social coexistence.

The task of the conciliation commission is to conduct mediation between the parties to the employment relationship in order to settle the dispute amicably. Contained in art. 251 § 1 of the Code of Civil Procedure, the statement that the conciliation commission should strive to settle the matter by way of settlement means that its task is to encourage the disputing parties and facilitate them in reaching an agreement in order to resolve the conflict. The Commission does not issue any ruling resolving the dispute; therefore, he does not act as an arbitrator. The content of the settlement is developed by the parties to the dispute themselves – the employer and the employee, and the commission mediates between them and helps find the optimal solution, which means that it acts as a mediator.

Source:https://poradnikprzedsiebiorcy.pl/-komisja-pochodziwcza-niczy-obowiazkowe-mediacje-z-pracownikiem

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