Poland: bill amends law on industrial unions

The law of may 23, 1991 on industrial unions provides, in article 35, a series of penal provisions notably in case of an offense to the constitution and union action, or even in case of union discrimination, for belonging to a trade union or not. In article 35.2, the same text provided that a fine or a prison sentence penalized “any action going against the law and related to union functions.” This was the provision censored by the Constitutional Court in a ruling rendered on May 13, 2008. First, the court said this provision didn’t meet the constitutional requirement of precise penal provisions (“no sentence without a text.”)  The court ruled that this “general designation, allowing a broad interpretation of the extent of criminal offenses” was therefore contrary to the Constitution. Secondly, the Court said that this provision considerably limited union freedom, a principle with a Constitutional value. This limit has to respect the principle of proportionality, which wasn’t the case.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

of criminal offenses” was therefore contrary to the Constitution. Secondly, the Court said that this provision considerably limited union freedom, a principle with a Constitutional value. This limit has to respect the principle of proportionality, which wasn’t the case.

Towards decriminalization. The bill replaces article 35.2 invalidated by the Constitutional Court by a provision which “penalizes with a fine or prison sentence for those who, leading union action, uses the union’s income for a

…
Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: National Assembly votes for mandatory bargaining on sexual and gender-based violence
The news. On 8 October, French MPs voted to extend the scope of mandatory annual negotiations to sexual and gender-based violence (SGBV). In practice, in addition to pay, working hours and...
Living wage still struggles to align with social dialogue (study)
As part of its summer school on social dialogue, the ILO commissioned a study on the living wage. This concept, which takes workers' needs into account when determining wage levels and which major...
9 October 2026
Belgium: fourth wave of reforms to encourage the return to work of employees on long-term sick leave
The news. On 2 October, the Belgian Federal Council of Ministers approved on third reading a draft bill implementing the fourth wave of reforms under its “strengthened” policy on...
Germany: Employers’ representatives seek to limit the rights of works councils
The Employers' Federation of German Employers' Associations (Bundesvereinigung der Deutschen Arbeitgeberverbände - BDA) published a report at the end of September in which it proposes a...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
AI: uneven integration but a global challenge for the world of work
The adoption of artificial intelligence (AI) in business is profoundly transforming the world of work, and some occupations are now under threat. However, the full extent of its effects remains...
2
France: Ministry of Labour unveils plan to accelerate the rollout of AI
On 22 September, the French Ministry of Labour presented a plan named Impulsion IA 2027 aimed at accelerating the adoption of AI by companies and employees. It contains 12 measures applicable from...
3
Netherlands: towards a ban on housing cost deductions from migrant workers’ wages
The news. On September 10, Dutch Minister of Social Affairs and Employment Hans Vijlbrief (centre-left) sent a letter to the House of Representatives, stating that he intends to prohibit employers...
4
Germany: AfD victory in Saxony-Anhalt raises concerns over labour supply and workplace cohesion
The rise of Germany’s far-right AfD, which could soon gain influence over migration policy in Saxony-Anhalt and, following elections on September 20, in Mecklenburg-Western Pomerania as well, is...
5
Denmark: introduction of a professional ID card for construction site workers
The news. On 3 September, the Danish Parliament adopted a bill introducing a mandatory professional ID card for people working on large construction sites. The card will include, among other...
6
UE: Commission proposes measures to facilitate “fair” worker mobility across the Union
The info. On 15 September, the European Commission adopted a series of measures aimed at encouraging “fair” worker mobility within the EU. It wants to remove the administrative...