Poland: Polish Constitutional Tribunal decides rules on freedom of trade union association are too narrow and unconstitutional

The Polish Constitutional Court ruling of 02 June 2015 stated that the provisions of the Law on Trade Unions (LTU) currently in force are unconstitutional in so far as they exclude those who work under civil law contracts and those who work freelance. The unions have been demanding such a change for years, given how these forms of labor are becoming more common.
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The proceedings before the Constitutional Court were initiated by one of the largest unions – the OPZZ. The applicant challenged the provisions of the LTU that grant only certain individuals the right to form and join trade unions. According to the OPZZ, laws exclude people performing paid work on a basis other than an employment relationship within the meaning of the Labour Code from organizing into trade unions. In actual fact many people work on the basis of civil law contracts or as self-em

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