The Crisis of the Collective Bargaining System in Poland

Abstract

The article analyses the reasons for the collapse of collective bargaining in Poland, while formulating proposals to overcome the current difficulties. The Polish labour market with almost 17 million workers is among the largest in Europe. However, only around 15% of workers are covered by the provisions of collective agreements. The most striking feature of the system is the lack of multi-employer collective agreements including sectoral agreements. The crisis has been caused by various legal, structural, social, economic and political factors. The most important problems include the difficulties affecting the position and functioning of the social partners. Paradoxically, there are also some legal solutions which deepen the crisis of collective bargaining. Polish law regulates this phenomenon in a complex and unclear way, leaving limited room for the social partners, and making collective agreements unattractive for employers. Moreover, the strict and rigid requirements concerning trade unions at company level limit negotiations in small and medium-sized enterprises. Legislative intervention seems legally justified to improve the situation. First, it is important to eliminate the regulations that constitute an obstacle to the development of collective bargaining. Second, respecting the social partners’ autonomy, the law should encourage and support negotiations between employers and employee representatives.

Uphill struggle: collective bargaining for the self-employed in Poland

“…Two of the main forms of collective bargaining are negotiations aimed at concluding a collective agreement (regulated in Chapter 11 of the Labour Code) (for example, Baran, 2019; Hajn, 2022), and a procedure aimed at resolving collective disputes that establishes a legal framework for exercising the right to strike or other collective action (see, for example, Baran, 2016: 425–443). Collective bargaining in Poland is in deep crisis (Czarzasty, 2019; Pisarczyk, 2019). Union density has been falling and now is just over 10 per cent.…”

Towards rebuilding collective bargaining? Poland in the face of contemporary challenges and changing European social policy

“…The case of Poland can be interesting as an example of a large MS which has been reforming its socioeconomic system and where, over the recent decades, collective bargaining has collapsed reaching one of the lowest levels across the EU (Pisarczyk, 2019a). The article analyses the existing legal framework, the state's policy as well as the situation and strategies of trade unions and employers (employers' organisations) in Poland.…”