4 – Systematic violations of rights
The ITUC Global Rights Index

Poland

The ITUC affiliates in Poland are the Niezalezny Samorzadny Zwiazek Zawodowy “Solidarnosc” (NSZZ) and the Ogólnopolskie Porozumienie Zwiazków Zawodowych (OPZZ).

In practice

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Employers withhold union dues31-12-2015

The Federation of Workers of Health Care and Social Assistance reports that the employer in ZOZ w Kłodzko in 2015 delayed the remittance of union dues on several occasions despite a valid collective agreement. During the negotiation of the collective agreement, management provided the union representatives with falsified financial accounts in order to mislead the negotiations. This was revealed by the Labour Inspector.

Discrimination31-01-2016

A member of the board of a company-level trade union affiliated to the OPZZ in Centrum Projektów Polska Cyfrowa in Warsaw stopped receiving benefits that should have been accorded to him according to the company’s own internal rules after he became a union representative. In January 2016, he was even fined for engaging in union activities. Members and representatives also experienced discrimination when their fixed-term contracts came to an end. Despite excellent performance reviews, the contracts of union members were not renewed. The union branch OPZZ Konfederacja Pracy No. 07-086 reported that workers are often warned against joining the union during job interviews. Union leaders have experienced pay cuts and intimidation by management.
The OPZZ Konfederacja Pracy (the union affiliated to the OPZZ) reported that employers are regularly approaching workers individually with misinformation in order to undermine collective negotiations and to discourage workers from joining unions. Management of the OSiR Dzielnicy Śródmieście has banned the trade union’s meetings and elections at the workplace. Prior to this, the company recorded the names of workers entering the union meetings raising concerns over blacklisting. The employer of the Centrum Projektów Polska Cyfrowa refused to bargain the collective agreement on wages at the company level in October 2015.

Lidl withholds union recognition30-11-2015

Lidl Poland deliberately delayed recognising its workers’ union, thereby preventing it from carrying out normal union activities. In early November 2015 a group of employees decided to form a branch of the “August 80” union, and wrote to Lidl management to inform them after settling all the necessary formalities. No reply was received from management until mid-December. It only addressed social issues and not specifically the question of recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. , or the provision of information a union is entitled to in order to do its job. The union chair then tried to contact the management representative by telephone, unsuccessfully. He subsequently received a letter from the management representative saying he was only authorised to contact the union by mail (traditional mail, not email), and could not speak to them on the telephone or in person. The union believed this was in order to drag out recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. as long as possible, and delay the union’s access to the documents it needs to represent workers and defend their interests.

The union sent another letter to the employer, which stated that “further correspondence from the company in this tone will result in notifying the relevant authorities about the violation of Article 35 of the Trade Union Act”, regarding the obstruction of trade union activities. At the same time, the unionists warned that if within 14 days of the delivery of the letter they did not receive the relevant documents from the employer, they would also notify the National Labour Inspectorate and the Embassy of the Federal Republic of Germany, as the country where Lidl is based. If the Inspectorate recognises the union’s arguments it may refer the matter to the Prosecutor’s Office.
Futhermore, as a result of the employer’s actions in 2015 the NSZZ “Solidarność” workplace union operating in Lidl Polska ceased to exist.

More bad faith negotiations – at hospital30-04-2015

Stanisław Staszic Specialist Hospital in Piła began negotiations in April 2015 on the recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of technical analysts as medical workers. After a time however, it became clear the employer had no intention of signing an agreement, continually delaying negotiations. Finally the workers concerned had to take the matter to court.

Negotiating in bad faith at engineering company31-10-2015

Polsoft Ltd. in Złotów began salary negotiations with employers at the beginning of 2015, but it gradually became clear the employer had no intention of signing an agreement, as it continually delayed negotiations. NSZZ “Solidarność” declared a labour dispute labour dispute See industrial dispute in July 2015 and the first meeting on the substance of the dispute was not held until October 2015.

Union mail intercepted11-12-2015

On 11 December 2015 a member of the NSZZ “Solidarność” union at Igloport Ltd. in Gdynia went to pick up correspondence addressed to NSZZ “Solidarność”. The correspondence concerned was a letter from a court, and had already been opened by the company’s legal advisor who had familiarised himself with its contents. Other union correspondence had been opened by representatives of the employer prior to this incident. The Prosecutor’s Office was notified of this violation of privacy.

Employer seeks to undermine workplace union31-12-2015

Cooper Standard Automotive (CSA), Piotrków, has been trying to favour a small group of employees that are not formally trade unions but show a critical attitude towards NSZZ “Solidarność” at workers’ meetings organised by the employer. In the meantime the employer refuses to grant union representatives the right to leave to perform union tasks. It also tried to put pressure on union members at a general staff meeting in 2015 at which the director was critical of NSZZ “Solidarność”. Employees were then obliged, in the presence of a public notary, to fill in a declaration about their union membership. If they refused they were summoned to a personal interview with the director.

Union activity obstructed31-01-2015

Shift changes were imposed on a hotel worker to make it difficult for her to carry out her union activities. At the end of January 2015 Katarzyna Gryciuk, a member of the workers’ union at the Radisson Blu Hotel in Szczecin, was asked to prepare a weekly picture of her work. She then received a letter informing her that she would be transferred to another post, that required her to work in the evenings and at night, making it very difficult to combine her job with her union activities. She believed this was a deliberate move to hamper her activities and contacted the union.
The shift changes were reversed following the intervention of lawyers from the Pomorze Zachodnie Regional Board of NSZZ “Solidarność” and its Hotel and Catering Industry Workers Union, the Secretariat of Food Industry Workers and many other company-level trade union organisations. According to Solidarnosc, this was just one of many isolated incidents attempting to undermine trade union activity.

Union left out of collective bargaining30-06-2015

In June 2015 Średzki Hospital Ltd. negotiated and agreed on changes in staff salaries and social benefits without the participation of the NSZZ “Solidarność” union in the hospital. The employer presented its proposed changes to other two unions without informing NSZZ “Solidarność”. It was only after it had agreed on changes with these two organisations, and signed an agreement with them, that it presented the agreement to NSZZ “Solidarność”. As a result unfavourable changes in the remuneration of employees were introduced.

More refusals to negotiate with union08-06-2016

The President of Automatyka Miedź Ltd. in Głogów refuses to negotiate anything with the NSZZ “Solidarność” company level union representing his workers.
Similarly requests for consultations with the Polish Information and Foreign Investment Agency by NSZZ “Solidarność” remained unanswered.

Supermarket obstructs union activity31-12-2015

Jeronimo Martins Distribution SA has banned union representatives from entering is Biedonka supermarkets, has prevented the union from getting information for its members, and has ignored regulations requiring it to consult with the union on changes to rules governing pay.

Employer refuses to negotiate with union 30-06-2015

Jeronimo Martins Poland SA consistently refused to engage in pay negotiations for 2015 with the NSZZ “Solidarność” union at the factory. The Management Board claimed wage increases were a matter to be discussed by the shareholders of the company. However in June 2015 the Company Board unilaterally made a decision to increase salaries.

Discrimination in favour of one union31-12-2015

Jeronimo Martins Poland SA showed blatant favouritism to one of three unions operating in the Company throughout 2015. It allowed representatives of the Independent Self-Governing Trade Union of Workers of JMP SA “Biedronka” far more access to retail stores than other unions, and facilitated conversations with employees about union activities, and even put a company car at the disposal of the union.

New regulation excludes several unions from health funding consultations31-01-2016

New regulations adopted by the Polish government, namely the Regulation on the Conditions of Contracts for the Provision of Health Care of 8 September 2015, and the Regulation of the Minister of Health amending the Regulation on the General Terms for the Provision of Health Care of 14 October 2015, directly exclude many unions. They grant the right to enter into an agreement concerning the monthly allocation of funds for health care services provided by nurses and midwives to representatives of trade unions associating only nurses and midwives, directly excluding all other trade unions operating in the health service. NSZZ “Solidarność” complained about the unequal treatment of trade unions in this document during the drafting phase, indicating a possible contradiction with the Constitution of the Republic of Poland. These comments were not taken into account however.
On 2 November 2015 the National Commission of NSZZ “Solidarność” applied to the Constitutional Court with a request to examine the compatibility of the relevant provisions of those regulations with the Polish Constitution, ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
Convention No. 87 and the Trade Union Act. The case is pending.
On 18 January 2016 NSZZ “Solidarność” contacted the Minister of Health and requested a revision of the regulations, explaining that in addition to the constitutional arguments the provisions amount to the unwarranted privileging of one union i.e. the Trade Union of Nurses and Midwives, which creates a dangerous precedent for the future of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. .

Union representative refused access to workplace elections29-02-2016

The Representative of the Regional Election Commission of NSZZ “Solidarność” was not allowed access to the election of the trade union president at the Deepwater Container Terminal (DCT) in Gdansk. The elections were held from 17 to 21 February 2016, and the regional representative was due to attend on Sunday 21 February. The management had been duly informed. The ballot box with the ballots had to be transported to the office of the Gdansk Regional Board of NSZZ “Solidarność” and votes had to be counted there.

Union activists replaced by non-union labour30-05-2015

The Deepwater Container Terminal (DCT) in Gdansk (Poland’s largest container terminal) did not renew the employment contracts of trade union activists employed on temporary contracts, replacing them with new staff, from 25 May 2015. Until the workers became involved in union activities, the employer had been happy to extend their fixed-term contracts. The National Labour Inspectorate in Gdańsk has filed a case against DCT management with the Prosecutor’s Office, accusing them of obstructing the exercise of trade union activities.

Harassment and dismissal of union leader30-06-2015

The president of the workers’ union at Igloport Ltd. in Gdynia, Karolina Rydzewskawas, dismissed without the legally required consent of the trade union board. She had been regularly obstructed from carrying out her union activities, including being prevented from reporting to the Tax Office in Gdynia when summoned on 25 June 2015. During her time as union leader at the company, she was so severely bullied by the employer that she was diagnosed with anxiety syndrome and had to have psychiatric treatment. The employer also broke the law by passing on her sensitive personal health information to an outside entity.

Unfair dismissal of union members12-10-2015

When a local branch of NSZZ “Solidarność” was established in the Pyrzyce Municipal Council, the union remained underground because of the Mayor’s hostility. Following the election of a new mayor, Marzena Podziańska, six union members disclosed their identity. In September 2015, NSZZ “Solidarność” members started losing their jobs, including the Chair of the organisation, Ms. Urszula Głód van de Sanden, and her deputy, Ms. Mirella Dziwińska. More jobs were lost as a result of restructuring - but only the jobs of NSZZ “Solidarność” members. The Pomorze Zachodnie Regional Board organised a protest picket on 8 October 2015 outside the City Hall in Pyrzyce, and addressed a petition to the Mayor, expressing their solidarity with the dismissed union members and demanding the reinstatement of Ms. Mirella Dziwińska.

Harassment of union officials30-12-2015

Two union leaders at Cooper Standard Automotive (CSA), Piotrków, took their employer to court following repeated harassment. The Chair of the union was isolated from employees, effectively downgraded, then dismissed on disciplinary grounds, on charges that were found to be wrongful in the course of his court case. Another member of the union leadership was also demoted and sanctioned. Their cases dragged on in the courts for a year and half.

Discrimination against NSZZ “Solidarność” members08-06-2016

Members of NSZZ “Solidarność” at the Głogów Municipal Cultural Centre have faced discrimination ever since their union was founded in December 2014, including the Chair of the grassroots union, Bożena Rudzińska. The Director openly criticises the union at employee meetings, union members have had their bonuses reduced and the Chair of the union has faced disciplinary measures. The union Chair’s case was before the Labour Court at the time of writing.

Union leader fined for holding a press conference31-03-2015

The Chairman of the Podlaski Region branch of NSZZ “Solidarność”, Józef Mozolewski, was accused of organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. an illegal assembly after holding a press conference on 9 March 2015. According to the Law on Assemblies the municipal authorities have to be notified of demonstrations of at least 15 people, but this was not a demonstration, and was only attended by ten people. At the end of the press conference the participants went to the office of the Civic Platform MP, Damian Raczkowski, and handed him a list of demands. At this point the police intervened, which led to Mr. Mozolweski facing charges of illegal assembly and refusing to show his ID to the police. The District Court in Białystok found Mr. Mozolewski guilty and ordered him to pay a fine of 300 PLN (about 68 euros) and cover court costs.

Refusal to comply with collective agreement:19-06-2015

In 2011, Budimex bought the Przedsiębiorstwo Naprawy Infrastruktury (Infrastructure Repair Company) in a privatisation process. One of the conditions of the sale was the investor’s commitment to conduct collective negotiations with the employees. An agreement was concluded guaranteeing workers job security until 2016. However, one year afterwards the company started a voluntary redundancy program offering resigning employees severance pay. In September 2012, the company was declared bankrupt and workers who had resigned during the voluntary redundancy program were asked to return their severance pay in January 2015.

Refusal to collect union dues: 19-06-2015

The Law on Trade Unions requires employers to deduct union dues from the salary of members and remit them to the union. However, several companies have failed to comply with the regulation. For example, the company Gniewczyna Wagon Factory SA did not collect union dues between June and October 2014. The union filed a complaint on 29 December 2014 with the public prosecutor. The case is still pending at the Regional Court in Przeworsk.

Anti-union discrimination: 19-06-2015

At the Heat and Power Station in Zduńska Wola in 2014, a collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement was negotiated. When negotiations were in the final stage, in June 2014, the chair of the trade union organisation of NSZZ “Solidarność” in the plant and social labour inspector were given a three-month notice of changes in the working conditions. Their posts were changed from the lab technician, the position they held for over 30 years, to the position of the escort and guard. In fact, from 1 October 2014, they were tasked with cleaning the plant’s administrative and sanitary facilities. Both employees went to court in order to examine the validity of their notices.

Prohibition of union flags: 19-06-2015

On 13 September 2013, union activists put a flag with the slogan “stop disregard for society” on the building of the Rzeszów Housing Cooperative. The management of the cooperative asked the union to remove the flag and threatened to reprimand the union representative Janina Mroczek if she failed to comply. On 24 September 2013, the flag disappeared and Janina Mroczek received a letter informing about the imposition of a penalty of reprimand against her. On 22 October 2013, she filed a claim with the Rzeszów Court against the reprimand and the court ruled in her favour. The company appealed to the Regional Court which also found that the reprimand was not justified on 24 April 2014.
Four trade unionists faced criminal charges for putting up union flags on the building of the Municipal Thermal Energy Company in Olsztyn. Negotiations between the union and management ended with a dispute over statutory bonuses, employment levels and salary scales. When the union put the flags up on the building, management informed the public prosecutor, who laid charges against the leaders of the union. The case is still pending at the District Court.

Acts of interference:19-06-2015

In September 2014, the management of the company Stako refused to recognise a newly formed trade union. Before accepting the notice of information about the formation of the trade union, management summoned the chairman of the union and informed him that there would be staff reductions unless the union was dissolved.

Physical attacks:19-06-2015

On 9 February 2015, police interfered violently in a demonstration in front of the company Jastrzębska Spółka Węglowa. About 20 people were injured when police used water cannons and tear gas against workers who were protesting against austerity measures.

Intimidation of workers during strike action30-11-2013

Workers are frequently intimidated during strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action by companies that tell them that the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is illegal and that they will be personally held accountable for economic losses of the company. In November 2013, the company Bus Lines dismissed a shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. during an ongoing collective dispute collective dispute See industrial dispute in an attempt to intimidate union members. The National Labour Inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. declared the dismissal unlawful and the company reinstated him and paid compensation. The company Steinpol based in Witnica dismissed trade union members who had participated in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
“due to economic reasons”. The union filed a case that is currently being heard at second instance.

Employers refuse to negotiate workplace issues24-09-2014

In 2013, the head office of Lidl Poland refused to negotiate with unions arguing that negotiations should only take place at each site with management.
Employers increasingly refuse to negotiate restructuring with unions. For example, when two municipal companies merged in Warsaw, this led to 14 redundancies. Contrary to its legal obligations, management refused to consult with unions 30 days prior to the merger.

Investigation of union offices12-03-2014

On 12 March 2014, the head office of the municipal guard in Bialystok demanded that Solidarnosc disclose all resolutions, decisions and motions as well as financial reports and activities reports. The formal reason given for this request was public interest to access of information. However, the union believes that this was an attempt to interfere with internal statutory trade union matters.

Anti-union discrimination31-03-2014

The illegal dismissal of union leaders and activists is a common strategy used by employers to weaken and destroy trade union presence. There are cases where promotion or pay raise are informally made dependent on withdrawal from union membership. In one case, the regulations concerning bonuses effectively meant that union members could not benefit from bonuses. The employer changed this regulation after an appeal by Solidarnosc.
A union leader was dismissed by the company Teleskop Ltd. in Kostrzyn. After a court ordered their reinstatement, the company transferred him/her to a branch 100km from his/her former workplace. In fact, all trade unionists were transferred to this new site, which seems to have been established for this purpose. The union members were therefore forced to resign from the company where no union is represented anymore.
On 12 February 2014, the company Leroy Merlin dismissed shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. Pawel Bednarek immediately after a trade union was established. Management argued that his work performance was not satisfactory and denied him entrance to the supermarket where he was employed.
DINO Polska SA dismissed shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. Mariola Bielak for “anarchy in social relations” and raising “unrest among the workers”.
In December 2013, Justyna Chrapowicz, shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. in one of supermarkets of Lidl Poland, was dismissed due to “falsification of signatures on trade union mail”.
In December 2013, Adam Guzy, shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. at Fakos Ltd., was dismissed due to his trade union activity. He filed a case with the court asking for reinstatement.
In March 2014, CCP “PREMA” SA dismissed shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. Robert Kluga during the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
process. This is the second time the company tried to dismiss him for exercising his rights as a trade unionist. He has filed a complaint with the court.
On 5 February 2014, Arkadiusz Leczyk was dismissed on disciplinary grounds in retaliation for his trade union activities. Management stated that he would not be reinstated even if there was a court order. Afterwards, management called union members for individual meetings asking them to resign from the union. A large number of workers at the company are employed on fixed-term contracts that make them particularly vulnerable given that the employer may not renew their contracts because of their union membership.

Prohibition and restriction of demonstrations24-09-2014

In February 2014, a nation-wide information action on the situation in Lidl chain stores was organised. During pickets at the doors of the shops, or in parking lots, leaflets were handed out describing the infringement of labour law in the shop network. The employer called the police which prohibited the action of the unionists on the grounds of trespassing private property.
In March 2013, Michael Schroeiber, Vice-President of the lace curtains factory ADO in the Special Economic Zone in Legnica, dismissed the deputy shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. of the local trade union because she displayed the union’s flag on the factory gate. The union leader (legally protected against such dismissal) filed a case to the court asking for reinstatement. The union organised several pickets at the gates of the factory and filed the case with the Prosecutor’s Office, which opened proceedings concerning the violation of the trade union act and labour law. The proceedings took place in the regional court in Legnica, and ended with a settlement – the employee was offered 6 months’ wages and withdrawal of the disciplinary dismissal.
At the company Cooper Standard Automotive Piotrków Ltd., management prohibited “anonymous” information on the union information board. There were cases where such information was removed by HR manager.
In 2014, when the National Section of Forestry Workers started a protest action in all divisions of the Polish National Forest company, the employer, in a letter, prohibited the displaying of flags.

Lengthy proceedings31-12-2013

Workers have the right to redress when their rights are violated and are also entitled to claim compensation for discrimination on the ground of trade union activity. The courts of law are independent in Poland, but the proceedings are very lengthy and last for two to three years on average. In certain cases justifications for judgments may raise doubt about the court’s impartiality. For instance, Malgorzata Sokalska was dismissed in 2011 for her activities as a trade unionist. She filed a complaint with the court asking for reinstatement or compensation for illegal dismissal. In 2013, after 27 months of proceedings, the court of first instance ruled against her on the basis that her trade union held demonstrations at the hotel where she had worked to support her. This decision was upheld on appeal and it was ruled that the trade union had acted against the interest of the employer. The National Labour Inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. opened penal proceedings against the manager of the hotel, and as a result the manager was punished for illegal dismissal of a protected trade union leader. The public prosecutor frequently decides to discontinue proceedings arguing that trade union activities are obstructive and socially harmful.

Anti-union practices26-08-2014

The Niezalezny Samorzadny Zwiazek Zawodowy “Solidarnosc” (NSZZ SOLIDARNOSC) reported the dismissal of a shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. at ADO factory located in the special economic zone of Legnica in March 2013 for having hung a union flag at the factory’s gate. The Polish National Forest company also sent a letter to a Solidarnosc to prohibit displaying flags during protests.

There have been numerous reports on discriminatory dismissal of trade unionists. In December 2013, Adam Guzy was dismissed from Fakos Ltd due to his trade union activities. A complaint asking for reinstatement and compensation has been filed with the courts. Trade unionist Robert Kluga who works for CCP “PREMA” SA in Kielce was dismissed during the negotiations of a collective agreement in March 2014 with a view to undermine the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
process. LG Electronics Wroclaw targeted union members in the company in order to crush the existence of the union by not renewing employment contracts of union activists and leaders. In November 2013, Leszek Rudzinski, a shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. at Lubelskich Liniach Autobusowych and a union chairman, was dismissed during a collective dispute collective dispute See industrial dispute . Both the National Labour Inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. and the Court have deemed the dismissal unlawful, and M. Rudzinski has been reinstated and compensated.

Trade union discrimination at ND Polska25-09-2013

In January 2012, NSZZ “Solidarność” members organised a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at enterprise level with respect to wages and working conditions with the support of the national centre and international drivers federations, that is ETF and ITF. However, after an agreement was reached in February 2012, the employer targeted members of NSZZ “Solidarność”.

Most of the union members are employed as international drivers. Their remuneration consists of two main components: basic salary and daily allowances for business trips abroad.The amount of daily allowance accounts for about two thirds of the entire monthly salary. Therefore, the base pay of international drivers was set at a lower level than for national drivers as the allowance component of the salary constitutes a significant increase in monthly earnings. When union members were transferred to administrative posts or where assigned to drive within the country’s territory, they experienced huge financial losses amounting to two thirds of their total salaries.

This has led to a split in the union. At the moment there are two unions represented at the enterprise ND Polska Ltd. Management concluded a collective agreement with the new union impacting pay scales. Some workers have filed employment relationship claims against the company at the Labour Court.

In addition, the union was informed that one of its members would be dismissed without notice because he participated in a union meeting during his sick leave.

Another member was transferred to a position located 300 km from his residence. When the worker refused to accept the transfer, he was dismissed without notice. The union filed a complaint with the Labour Court asking for reinstatement.

Moreover, management prevents a union member from carrying out his function as branch labour inspector for international drivers. By preventing him from taking international assignments, management ensures that he cannot inspect working conditions of the international drivers who mostly carry out their tasks abroad.

Infringements on the right to freely elect representatives16-08-2013

The Slowinski Park Narodowy (Slowinski National Park) refused to appoint Tadeusz Pietkun, Deputy President of the Slupsk Region of NSZZ “Solidarność” to the social commission even though he had been nominated by the union.

Anti-union discrimination31-10-2012

In October 2012, Plati Polska Ltd. terminated Danuta Lipinska’s, trade union leader and member of the Enterprise Commission of NSZZ “Solidarność” contract on disciplinary grounds. The company also prohibited the shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. from contacting union members during working hours even when it did not interfere with production.

In June 2012, the Director of the Fiscal Inspection Office in Warsaw asked the Minister of Finance to dismiss Mr. Tomasz Ludwinski, Chair of the Council of the National Section of Fiscal Employees of NSZZ “Solidarność” for his legitimate trade union activities which were considered as a violation of the basic duties of the civil service.

Interference by employers31-10-2012

Ewa Kazanecka, shop steward shop steward A union worker who represents the members of a union in dealings with the employer. Often elected by union members who work in the same establishment. of NSZZ “Solidarność” in City Waterworks Bydgoszcz, was offered a promotion so that she would reduce or cease her union activities. Management also hired a private investigator to investigate the union in October 2012.

Physical violence against trade union leaders16-08-2013

Tomasz Ziolkowski, Deputy Regional President of NSZZ “Solidarność” in the Czestochowa Region, was physically assaulted by the security guards of the Independent Medical Centre “Amicus” when he tried to hand in a petition in June 2012.

Refusal to bargain in good faith16-08-2013

EuroBank S.A. refused to give spending reports to “Solidarność” which makes it impossible for the union to evaluate the economic state of the bank for bargaining purposes.

Infringement of the right to organise trade union activities16-08-2013

The Euro Bank S.A. prohibited union officials of “Solidarność” to freely choose experts and to use the intranet for disseminating information. The office offered to the union is 168 km away from the place where the union activities take place. The office is administered by the employer who has full access to it.

Reinstatement difficult after anti-union dismissals30-11-2009

Forming a trade union, asking for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
or fighting for workers’ rights is frequently followed by a summary dismissal of the union’s leaders. The victims can ask for reinstatement, but court proceedings can take up to two years. Moreover, the courts are increasingly awarding just three months’ salary as compensation in lieu of reinstatement, regardless of how long the activist has been out of work. Employers also claim that workers cannot be reinstated as the victim and the management would not be able to co-operate, and more and more judges are convinced that employers should not be forced to take back unfairly dismissed unionists as this could create a “conflict”.

Organising a strike complicated14-12-2009

Employers are taking advantage of legal subtleties to curb workers’ right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Failure to comply with all the minute requirements often leads to a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
being declared illegal, sometimes with harsh consequences. For example, on 14 December the court ordered the members of the All-Poland Union of Nurses and Midwives at the Barlicki Hospital in Lodz to pay the hospital between 1,500 and 4,000 PLZ (more than 900 euros) in damages for participating in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in 2008. The nurses had announced that the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
would last for four days, but the prosecutor’s office used a different method for counting the days, and declared that the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
had gone over its limit.

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