Union Solidarity in Eastern and Central Europe from the Example of Poland

Katarzyna Bomba

doi:10.1515/wrlae-2018-0008

Abstract

This study examines the extent of union solidarity in post-communist European countries using the example of Poland. It shows the process of the transition of trade unions from being mass organisations with a mandate from the state to voluntary organisations defending employees’ rights and interests within the social dialogue with the state and employers. It argues that the current legal regulations of decentralised institutions in Polish and other Eastern and Central European countries impede union solidarity. The reasons behind the crisis of trade unions are numerous and complex. They have been seen especially in the changes of the structures of enterprises, from large state-owned entities to small and medium-sized enterprises (SMEs). It can also be seen in the use of collective bargaining policies and the role of the state in industrial relations. It examines the role of non-union representations on the labour market and their chances of replacing trade unions or cooperating with them. The paper concludes that instead of searching for unlikely solutions to change the model of bargaining or replacing trade unions with other forms of employee representations, solutions in favour of strengthening the social position of trade unions through improving the existing trade unions' legal framework should be sought. Key words: trade union, union solidarity, multi-enterprises, globalisation, post-communist countries .

Highlights

The transformation of formerly communist countries in Central and Eastern Europe (CEE)1 posed a great challenge for trade unions
The Polish Labour Code lays out several provisions regarding the representatives of employees chosen in the standard manner adopted by the employer (e.g. Article 9(1) of the Labour Code).45. Despite these numerous non-union representatives who are rooted in the legal system, Poland ended the monopoly of trade unions in 2006 when Polish legal regulations were adapted to the EU Directive establishing a general framework for informing and consulting employees (2002/14/EC) and the Act on Informing and Consulting Employees of 7 April 2006 came into force.46Taking into account the weakening trade unions, the question arises of whether non-union representatives could replace trade unions in running the social dialogue to negotiate working conditions
Regardless of the profile of collective labour relations, the feature characteristic of the labour markets in CEE countries is the decentralization of trade unions and lack of support by employees for the union movement

Summary

INTRODUCTION

The transformation of formerly communist countries in Central and Eastern Europe (CEE) posed a great challenge for trade unions. The CEE countries needed to modernise the legal status of trade unions and transpose European law ahead of planned integration with the European Union.. The CEE countries needed to modernise the legal status of trade unions and transpose European law ahead of planned integration with the European Union.2 These two factors put pressure on countries, and directly on trade unions, to adapt to the new environment of a free market, competition, privatisation, globalisation, and small and medium as well as multinational companies. That poses the question as to whether the model of industrial relations that appeared in post-communist countries works effectively toward union solidarity. The paper examines this issue using the example of Polish legal regulations given in the wider light of legal positions of trade unions in CEE countries

TRADE UNIONS DURING THE COMMUNIST PERIOD

EUROPE FROM THE EXAMPLE OF POLAND

Findings

CONCLUSIONS