Udział partnerów społecznych w tworzeniu ustawowego prawa pracy

Abstract

The subject of the following analysis is the point to which usually no attention is paid during the work of the statutory changes in labour law, and which is undoubtedly important for the effective application of this law and its development. It is about how to create draft legislative acts in the field of labour law (social law) in Poland. The participation of social partners in this process, namely the representatives of workers and employers, is an unquestionable principle of the law-making process in the field of labour law (social law). This text contains proposals to strengthen the role of social partners in this process. To achieve this, the introduction of a particular form of acceptance of new regulations in the field of labour law (social law) by the social partners may be considered. Another way might be the opportunity to negotiate draft legal acts by the social partners. The government could then propose such project using the right of legislative initiative. However, the proposal could not be modified at any stage of parliamentary work without the consent of the social partners. Public interest in these cases will be protected by the government when deciding on the adoption (or rejection) of the draft before submitting it as a legislative initiative. The protection of public interest will also continue during the implementation of the legislative process in the Parliament, where the project may be rejected.