Negocjowanie układów zbiorowych pracy

Abstract

Collective bargaining in employment relations is one of the most important instruments for shaping the modern system of employment. An overall analysis of the Labour Code regulations on collective agreements negotiations allows to state it significantly formalizes the process of its commencement and conduct in the scope of voluntariness of their commencement and rules of performance as for their conduct, however some of the legislation should be criticized. Collective agreements negotiations should be conducted in good faith and with due regard for the legitimate interests of the other party. From the point of view of the conduct of collective agreements negotiations in good faith and with due regard for the legitimate interests of the other party an indication established as a result of the demands of the trade unions, which clearly exceed the financial capabilities of the parties of the workers’ side, is doubtful, a contrario it shall be permitted to submit demands, which exceed these capabilities, but so far it is not clear. De lege ferenda is to request of resignation from the normative exemplification, what collective agreements negotiations in good faith are and leave the interpretation of the concept of “good faith” to judicature and doctrine.