What is a trade union?
A trade union is an organisation established to represent and protect the rights and interests of working people in relations with employers, public authorities and other entities involved in the labour market. In Poland, the legal framework for trade unions is based in particular on the Constitution of the Republic of Poland, the Act of 23 May 1991 on Trade Unions, the Labour Code and international standards, including ILO Convention No. 87 on freedom of association and ILO Convention No. 98 on the right to organise and collective bargaining.
A trade union operates independently from the employer. Its purpose is not to manage the workplace, but to participate in matters affecting employees and other persons performing paid work. This may include consultation on employment-related decisions, negotiation of collective arrangements, intervention in individual disputes and participation in social dialogue. In Poland, a trade union may generally be established by at least 10 persons entitled to form one, in accordance with Article 12 of the Act on Trade Unions.
The role of a trade union is both collective and individual. Collectively, it may act on behalf of a group of employees or persons performing work under civil-law contracts, if they meet statutory conditions. Individually, it may support a specific person in a dispute concerning employment, dismissal, remuneration, working time, discrimination, health and safety, or other workplace-related matters. The scope of a union’s rights depends on the applicable legal provisions, the union’s status at the employer and the facts of the case.
What does a trade union do?
A trade union may be involved in a wide range of employment and workplace matters. One of its core functions is representing workers in discussions with the employer. This can include negotiations concerning remuneration rules, bonus systems, working time arrangements, internal regulations, workplace policies, restructuring processes or changes affecting employment conditions.
Trade unions may also participate in consultations required by law. For example, in certain cases an employer must consult a trade union before terminating an employment contract, amending employment conditions or introducing internal regulations, and must obtain the relevant union body’s consent before taking certain decisions affecting protected union activists. Whether a consultation or consent is mandatory, what form it should take and what legal consequences may arise from its omission often require a detailed assessment under the Labour Code and the Act on Trade Unions.
Another important area is collective labour law. Trade unions may participate in collective bargaining, conclude collective labour agreements, initiate or conduct collective disputes and, if statutory conditions are met, organise industrial action. These mechanisms are regulated and formalised. Errors in procedure may affect the legality of the employer’s actions, the union’s demands or the form of protest used.
Trade unions may also assist in individual employment matters. This may involve supporting an employee in communication with the employer, providing opinions, participating in meetings, helping to challenge disciplinary measures or supporting claims connected with dismissal, mobbing, discrimination, unequal treatment, unpaid remuneration or breach of health and safety obligations.
When is it worth seeking legal advice on trade union matters?
Legal advice may be needed by both employers and trade unions, as well as by individual employees or other persons performing paid work. Employers often require support when a trade union is established in the workplace, when union organisations request information, when consultation duties arise, or when employment decisions concern persons covered by special union protection.
Legal support is also important during business restructuring, group redundancies, transfers of an undertaking, changes to workplace regulations or negotiations with employee representatives. In such situations, trade union rights may affect the timeline, required documentation, consultation process and legal risk connected with the planned measures.
Trade unions may need advice when drafting statutes, determining their rights at a specific employer, conducting collective bargaining, formulating demands, initiating collective disputes or assessing whether employer conduct infringes freedom of association. Individual workers may require assistance where union membership, union activity or representation becomes relevant to dismissal, disciplinary action or unequal treatment.
A timely consultation with a lawyer can help identify whether trade union involvement is required, what documents should be prepared, what deadlines apply and what risks may arise if the procedure is handled incorrectly. Early legal assessment can reduce the risk of unlawful or defective employment decisions, workplace disputes, liability claims, reputational consequences and unnecessary financial losses.
Legal support in trade union matters
Support from a law firm in trade union matters may include in particular:
- advising employers on relations with trade unions and employee representatives,
- assessing consultation and information obligations under Polish labour law,
- supporting negotiations concerning workplace regulations, remuneration rules and collective arrangements,
- advising on dismissals, changes to employment conditions and protected union activists,
- supporting restructuring, group redundancy and transfer of undertaking processes involving trade unions,
- preparing and reviewing internal policies, notices, consultation documents and correspondence,
- advising trade unions on statutory rights, governance and collective labour law procedures,
- representing clients in employment disputes and collective labour law matters.
Need legal assistance with a trade union matter? Contact us.
See also
- Employment Contract
- Dismissal
- Business restructuring
- Civil Litigation