Seized by the Confederation of Polish employers, the Constitutional Court declared, on July 1, 2008, that the way works council members are appointed – with priority given to the company union – was unconstitutional, because it breaks the freedom not to join an organization and principle of equality before the law. Therefore, these provisions will be repealed within 12 months after the publication of the decision. (Ref. 080555)
According to the law of April 7, 2006 on the information and consultation of workers (see our article No. 06556), companies with more than 50 employees have to establish a works council. Three ways to set up the council are provided for, depending on whether there is a company union or not:
- If there is a union in the company, it appoints the WC members;
- If there are two or more unions, they appoint the WC members together and inform the employer.
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