Trade unions – what are they and how do they affect the functioning of a company? Find out what obligations an employer has towards the employees who are members of a trade union.
Table of Contents
- What Is a Trade Union?
- How Is a Trade Union Formed?
- Employer’s Obligations Towards the Trade Union
- Trade Unions – the Employer’s Obligation to Inform About the Economic Situation
- Trade Unions – Rules for Employer’s Cooperation with Union Members
- How Can an Employer Determine the Membership of a Trade Union?
- Trade Unions – Summary
- FAQ About Trade Unions
What Is a Trade Union?
A trade union is a voluntary, independent and self-governing organization of people. It is appointed to represent and defend their:
- rights
- professional and social interests.
The right to form and join trade unions is granted to people engaged in paid employment. State authorities, local government units and employers must treat all trade unions equally.
How Is a Trade Union Formed?
A trade union is established by a resolution adopted by at least 10 people authorized to establish it. The founders:
- adopt the statutes of the organization,
- elect a founding committee (from 3 to 7 people).
The statute of a trade union specifies:
- its headquarters
- territorial and subjective scope of activity,
- the goals and tasks of the union and the ways and forms of their implementation,
- rules for acquiring and losing membership,
- rights and obligations of members.
Employer’s Obligations Towards the Trade Union
If trade unions operate in a company, the employer has specific obligations toward them. The basic duties are outlined in the table below:
| Consulting the intention to terminate a contract | This applies to: – termination of an employment contract for an indefinite period, – intention to terminate the terms of work or pay for less favourable ones. As a rule, the union’s opinion has an advisory nature, it is not binding. However, failure to consult the union may lead to challenging the legal status of the decision. |
| Request for contract termination without notice under Article 52 of the Labour Code | – applies to people with special protection, e.g. pregnant women or women on maternity leave, – the employer needs the consent of the trade union to terminate the employment |
| Participation in collective labour agreement negotiations | The employer must participate in negotiations and conclude the collective labour agreements. |
| Establishing the Employee Benefits Fund | The employer must collaborate with trade unions in this area. For example, while setting the amount for vacation bonuses. |
| Reviewing regulations on work, remuneration, and bonuses | The trade unions review work regulations. Adopting the remuneration regulations requires the approval of trade unions. |
| Providing space for the union | The space with relevant infrastructure is necessary. For example access to a computer, printer, etc. |
Trade Unions – the Employer’s Obligation to Inform About the Economic Situation
The employer must provide the trade unions with information about economic situation in the context of:
- the subject of the negotiations,
- information necessary for conducting responsible negotiations.
Trade union representatives cannot disclose information deemed business confidential.
Each party may request the appointment of an external expert. His task will be to issue an opinion on matters related to the subject of the negotiations.
Trade Unions – Rules for Employer’s Cooperation with Union Members
The Labour Code requires cooperation with trade union members on employment-related matters. This results from Art. 23² of the Labour Code. Moreover, employers should cooperate with all trade unions in the company.
The cooperation involves matters related to members and non-members if the union agrees to defend their rights.
How Can an Employer Determine the Membership of a Trade Union?
The Trade Unions Act states that if an employer wants to know whether a particular employee belongs to a trade union, he must submit a written request to the union. The employer asks the trade union if a particular employee is represented by it.
Once the employer receives this information, he must consult the union on matters related to the worker. He must consult issues such as:
- termination of the employment contract,
- changing the terms of employment to less favourable ones.
The trade union should respond within 5 days. If no response is received by that time, the employer is relieved of the obligation.
Trade Unions – Summary
Trade unions play an important role within a company. The employer must respect the rights of union members. It is crucial to cooperate with the unions in areas covered by the law. This helps maintain a stable and productive work environment.
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FAQ About Trade Unions
What is a trade union?
A trade union is an organization that defends the rights and interests of people engaged in paid work.
What are the employer’s basic obligations toward trade unions?
The employer must cooperate with the trade unions operating in the workplace. This involves informing the unions of planned terminations or changes to the regulations.
How can an employer find out if an employee is a member of a trade union?
The employer must apply in writing to the trade union to ask about the employee’s membership in the union. The union has 5 days to respond.
Can an employee be dismissed because of trade union membership?
No, the law prohibits dismissing employees based on their membership in a trade union.
