The provisions of Articles 244-258 of the Labour Code regulate the institution of conciliation proceedings, under which an employee may assert his claims against the employer. An alternative way is through the courts.

The Labour Code recommends that the employer and the employee strive to amicably settle disputes arising from the employment relationship before conciliation commissions, appointed jointly by the employer and the company trade union organization, and if such an organization does not work with a given employer – then after the employer has obtained a positive opinion of the employees.

The performance of the duties of a member of the Conciliation Commission is a social function. However, such a person retains the right to remuneration for the time not worked in connection with participation in the work of the committee. Expenses related to the activities of the Conciliation Commission shall be borne by the employer. They shall also include the equivalent of lost earnings for the time not worked by the staff member as a result of participation in conciliation.

A member of the conciliation committee may not be: a person managing a workplace on behalf of the employer, a chief accountant, a legal adviser and a person conducting personal, employment and payroll matters.

The Conciliation Commission shall elect the Chairman of the Committee and his deputies from among its members and shall lay down rules of procedure for conciliation. Proceedings before the committee shall be initiated at the request of the staff member of staff recorded in writing or orally. This interrupts the deadline (21 days) for bringing the labour court:

• appeal against termination of the employment contract;
• demand reinstatement to work or compensation – in the event of termination of the employment contract without notice or expiry of the employment contract;
• request the establishment of an employment contract – in the case of notifying the employee of the refusal to accept work.

The Conciliation Commission shall carry out the conciliation procedure in teams of at least 3 of its members, aiming to ensure that the settlement of the matter by means of a settlement takes place within 14 days from the date of submission of the request. A settlement reached before the Conciliation Committee shall be entered in the minutes of the meeting of the committee team.

Source: https://poradnikprzedsiebiorcy.pl/-komisja-pojednawcza-czyli-obowiazkowe-mediacje-z-pracownikiem

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.