The article analyses the reasons for the collapse of collective bargaining in Poland, while formulating proposals to overcome the current difficulties. The Polish labour market with almost 17 million workers is among the largest in Europe. However, only around 15% of workers are covered by the provisions of collective agreements. The most striking feature of the system is the lack of multi-employer collective agreements including sectoral agreements. The crisis has been caused by various legal, structural, social, economic and political factors. The most important problems include the difficulties affecting the position and functioning of the social partners. Paradoxically, there are also some legal solutions which deepen the crisis of collective bargaining. Polish law regulates this phenomenon in a complex and unclear way, leaving limited room for the social partners, and making collective agreements unattractive for employers. Moreover, the strict and rigid requirements concerning trade unions at company level limit negotiations in small and medium-sized enterprises. Legislative intervention seems legally justified to improve the situation. First, it is important to eliminate the regulations that constitute an obstacle to the development of collective bargaining. Second, respecting the social partners’ autonomy, the law should encourage and support negotiations between employers and employee representatives.
International Journal of Comparative Labour Law and Industrial Relations