Social Dialogue

Pursuant to the Act of 23 May 1991 on employers’ organisations, employers have the right to form, without prior authorisation, unions of their own choosing and to join such organisations, subject to compliance with their statutes. Employers’ unions have the right to form and join federations and confederations. And any union, federation and confederation may join international employers’ organisations.

The primary task of employers’ unions, their federations and confederations is to protect the rights and represent the interests, including economic interests, of their affiliated members vis-à-vis trade unions, government authorities and administration and local government bodies.

In addition, representative employers’ unions may apply for the enactment or amendment of an act or other legislation on matters covered by the tasks of the employers’ organisation. Employers’ unions at the national level can also participate in industrial disputes and conclude collective bargaining agreements.

An employers’ union is formed by a resolution for its establishment passed at a founding assembly by at least 10 employers. The founding assembly adopts the statutes and elects a founding committee of at least three persons. The employers’ union is subject to registration with the National Court Register. An application to this effect should be submitted by the founding committee within 30 days of the adoption of the resolution on the establishment of the union. Otherwise, the resolution on the establishment of the union becomes null and void.

Employers’ organisations, representative within the meaning of the Act on the Social Dialogue Council, have the right to express an opinion on the assumptions and the draft legal acts with regard to the rights and interests of employers’ unions (this does not apply to the assumptions of the draft state budget and the draft budget act). They also have the right to express an opinion on European Union consultation documents, in particular White Papers, Green Papers and communications, and draft European Union legislation within the scope of the employers’ union tasks. They also have the right to apply for the enactment or amendment of an act or other legislation on matters covered by the tasks of the employers’ organisation. Proposals for laws shall be addressed by the organisations to members of parliament or bodies having the right of legislative initiative, and proposals for other legislation to the bodies empowered to issue such legislation. The state body to which the proposal is addressed is obliged, within 30 days, to provide the employers’ organisation with its position and, in the event of a negative position, the reasons for it.

Employers’ unions participate in collective negotiations, concluding collective bargaining agreements and other arrangements within the scope of their statutory tasks.

The national authorities of employers’ organisations also have the right to apply to the Constitutional Tribunal to examine the compliance of normative acts and international agreements with the Constitution, provided, however, that the challenged normative act concerns matters covered by the scope of activity of the organisation concerned.

Membership fees paid to international organisations of employers, representing the interests of employers vis-à-vis the institutions of the European Union, by representative employers’ organisations within the meaning of the Act of 24 July 2015 on the Social Dialogue Council and other institutions of social dialogue, being part of the Social Dialogue Council, may be co-financed from the State budget in the form of a targeted subsidy, which shall be granted by the minister competent for labour – at the request of the interested employers’ organisation and on the basis of an agreement concluded with this organisation. An employers’ organisation meeting the above-mentioned conditions, which has been a member of an international employers’ organisation for at least 12 months at the date of application, may apply for subsiding of membership fees. The amount of the targeted subsidy for subsidising membership fees from the state budget in a given year, for each employers’ organisation, cannot be higher than PLN 300 000 and constitute more than 95% of the amount of such fees. The detailed procedure for the submission of applications, their template and the necessary documents shall be laid down in a regulation by the minister responsible for labour.

The court deletes the employers’ union from the National Court Register when:

• the body indicated in the statutes has adopted a resolution to dissolve the union,
• the number of union members remains below 10 employers for more than 3 months.

Representative employers’ organisations forming part of the Social Dialogue Council:

Employers of the Republic of Poland – is a politically independent and non-profit organisation, groups together employers’ unions and federations as well as employer companies of national importance. Employers of the Republic of Poland brings together some 40 regional and sectoral employers’ associations, as well as companies of national importance. The aim of the Employers of the Republic of Poland is to represent the interests of employers vis-à-vis the government, public authorities at all levels and social partners – both at national and regional level. The Chairman of the Board of Employers of the Republic of Poland is Rafał Dutkiewicz.

Confederation Lewiatan – is a voluntary, self-governing, independent, economic and social organisation, bringing together employers’ unions, federations of employers’ unions and employers with a special economic position and importance in labour relations. The main task of the Polish Confederation Lewiatan is to represent private employers from all over Poland from various branches of the economy and to build economic order through statutorily guaranteed participation in law-making and social dialogue. Maciej Witucki is the President of the Confederation Lewiatan.

Polish Craft Union – is a national socio-professional and economic organisation of crafts self-government, comprising 490 guilds, 271 crafts cooperatives, and 27 chambers of crafts and entrepreneurship. The primary task of the Polish Craft Union is to provide its member organisations with assistance in carrying out their statutory tasks, to develop the economic and socio-cultural activities of crafts and small business, to provide comprehensive support and legal protection, and to represent the interests of crafts and small business at home and abroad. The president of the Polish Craft Union is Jan Gogolewski.

Business Centre Club – is an employers’ union whose activities are coordinated by the BCC Lobbying Institute. The primary tasks of the BCC are to provide club services to its members, to represent the interests of the business community, to create a business lobby and to create community and social links. Marek Goliszewski is the President of the Business Centre Club.
Union of Entrepreneurs and Employers (Związek Przedsiębiorców i Pracodawców, ZPP) – is a representative organisation of employers working to improve the operating conditions of businesses in Poland. Cezary Kaźmierczak is the President of the Union of Entrepreneurs and Employers.

Federation of Polish Entrepreneurs – is a representative organisation of employers, whose primary objective and task is to protect the rights and represent the interests of employers affiliated to the Federation. The President of the Federation of Polish Entrepreneurs is Marek Kowalski.

Information on employer organisations was taken from their websites.

Translated with the support 
of the European Labour Authority