Zakładowe źródła prawa pracy a legalność sporu zbiorowego

Abstract

The article argues that where the subject matter of a collective dispute only partially falls within the limits of a legitimate collective dispute, the employer does not have an obligation to enter into negotiations. Taking a different position, that the employer is obliged to negotiate with respect to the elements of the claims that do constitute legitimate subject matter of a collective dispute, as the Supreme Court found in its judgment of 16/03/2022 (II PSKP 47/21), is contrary to the Act on the Resolution of Collective Disputes ,the principles of criminal liability, and the principle of voluntary bargaining recognized in international law. It also carries the risk for the employer that it will not be possible to hold trade union activists acting during such a collective dispute accountable in the future. In addition, the article discusses the possibility for the employer to submit a protective letter to the minister competent for labor matters in order to prevent the appointment of a mediator as a means of legal protection against the continuation of a collective dispute that goes beyond the legitimate subject area of the dispute.