"Zapewnienie usług minimalnych w czasie strajku – uwagi de lege ferenda"

Abstract

The present wording of Article 19 (1) of the Act on settling collective labour disputes is the subject of many doubts. Ambiguous wording of this article sometimes results in the exclusion of all economic sectors from the right to strike and sometimes the protection of society is not guaranteed sufficiently. Also the principle of proportionality, which is expressed in Art. 17 (3) of the Act on settling collective labour disputes, does not provide sufficient protection to the public. The practice of collective labor relations points to the urgent need for work on the revision of Polish regulation. A legislative framework should ensure the protection of society during the strike, and at the same time should not completely exclude the right to strike. In particular, the proposal of introduction into the Polish legal system of provisions which would ensure a minimum level of services during the strike should be taken into consideration. The study identifies the constitutional and international basis for such adjustments. Moreover, regulations of minimum services during the strike in selected European countries are discussed.