Most people know that employees can organize in trade unions. In this way, they ensure that their superiors respect their rights and can more effectively solve emerging problems in a given company without the need for intervention by the labor court or other offices. Employees can also participate in the so-called employee councils.

Every person in an employment relationship is ensured that their rights are protected – regardless of whether we are talking about an employer or an employee. This is guaranteed by broadly understood labor law provisions, including the Labor Code. However, employee rights can be protected in various ways. On the one hand, we are talking about proceedings conducted by labor courts, labor inspectors and conciliation commissions, and on the other hand, the legislator introduces the possibility of appointing special bodies to facilitate the protection of employee rights.

The rights of employees may be protected both individually and collectively. No employee is obliged to join trade unions or other bodies established to protect employee interests. Employees can therefore take care of their interests in the company on their own, but they can also be represented by specific bodies – one of them is works councils.

Works councils were introduced into the Polish legal system by the Act of April 7, 2006 on informing and consulting employees. The works council is a separate body that cannot be identified with the so-called works council. In practice, its basic competences include mediating between the employer and the employed people, it is a representative body.

The works council of the employing employer includes:

• from 50 to 250 employees – 3 employees,
• from 251 to 500 employees – 5 employees,
• over 500 employees – 7 employees.

Members of the works council of the employer employing:

• up to 100 employees – selected by employees from among candidates submitted in writing by a group of at least 10 employees,
• over 100 employees – selected by employees from among candidates submitted in writing by a group of at least 20 employees.

The term of office of the works council is 4 years from the date of its election. Within 30 days from the date of election of the council members, the employer convenes its first meeting. Reducing the number of employees below the required number does not shorten the term of office of the works council. The Council elects a chairman from among its members and adopts its regulations. The employer is obliged to notify employees of the right to elect members of the next works council at least 60 days before the end of the term of office of the current council.

In accordance with applicable regulations, the works council agrees with the employer:

• principles and procedure for providing information and conducting consultations;
• procedure for resolving disputes;
• rules for incurring costs related to the selection and operation of the works council, including costs related to performing the necessary expertise.

The works council may agree with the employer in particular:

• the number of members of the works council other than that specified by law, but not less than 3 members;
• rules for covering costs related to the assistance of people with specialist knowledge used by the works council;
• rules for dismissing council members from work depending on the number of employees.

The arrangements referred to above should ensure conditions for information and consultation at least equal to those specified in the Act and take into account the interests of the employer and employees. If such arrangements are not made, the provisions of the Act shall apply.

One of the key tasks of every works council is to consult with the employer. The employer is obliged to provide the works council with information regarding:

• the employer’s activities and economic situation and expected changes in this respect;
• the status, structure and expected changes of employment and actions aimed at maintaining the level of employment;
• activities that may cause significant changes in the organization of work or the basis of employment.

The employer provides information in the event of anticipated changes or intended actions and at the written request of the works council. It provides information in a time, form and scope enabling the council to become familiar with the matter, analyze this information, and prepare for consultations.

Consultations between the works council and the employer should be conducted:

• within the time, form and scope enabling the employer to take action on matters covered by the consultations;
• depending on the subject of discussion, at the appropriate management level;
• based on the information provided by the employer and the opinion presented by the works council and the opinion of a dissenting council member;
• in a way that enables the works council to meet with the employer in order to obtain its position and the justification for its opinion;
• in order to enable an agreement to be reached between the works council and the employer.

The works council and the employer conduct consultations in good faith and with respect for the interests of the parties.

Source:https://poradnikprzedsiebiorcy.pl/-rada-pracownikow-czem-jest-i-jaka-pelni-role-w-zakladzie-pracy

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