Marcin Frąckowiak in a comment on collective labour agreements for Prawo.pl

An employer with at least one trade union operating at the workplace, employing a minimum of 50 employees performing paid work, and not covered by any collective labour agreement, will not be obliged to resume negotiations for concluding a company-level collective agreement. This obligation will not arise if previous negotiations do not result in an agreement after a period of two years.

This provision is included in the third version of the draft legislation prepared by the Ministry of Labour. Nevertheless, the issue of the obligation to conduct negotiations continues to spark controversy – even within the government itself.

In an article for Prawo.pl, Marcin Frąckowiak – Managing Counsel and Attorney-at-law in the Labour Law Department at Sadkowski and Partners – commented on the matter.

According to our expert:
“The lack of a defined maximum duration for negotiations actually works to the disadvantage of the average employee. They have nothing to gain, unlike the employer and union representatives. Especially considering that these agreements often replace remuneration regulations in workplaces. The absence of a collective labour agreement due to prolonged negotiations therefore means the lack of established rules for remuneration and the granting of other benefits at the company level.”

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