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138 '/.bifniew Ha>n

The above mcntioncd forms of cmployces' representation have bee» shaped throughout many ycars and with a vicw to achievc various ob^xtivej We should notę herc that atter the transformalion in 1989 which gave rt* to intcnsivc privati$alion and a gradual disappcarancc of State o*m£ enterprises with cmployccs' sdf-governmcnt. cmployces of most undertakiugi wcrc dcprivcd of non-umon representation as wcll as urnon represenutios duc to morc and morc limited scope of tradc unions’ activity. In compaoio which emerged from former State owncd enterprises the cmployccs ha* only bccn granted the nght to eloct a fraction of Supcrvisory Board memben (from 2/5 to morc or less 1/3 of all mcm bers) and in compames employioi morc than 500 pcople they coukl also elect one member of the Board. Real impetus to the crcation of considcrcd forms of cmployccs’ representatioa was givcn by Poland's acccssion to the European Union on I^- May 20CK and the need to impłcmenl directivcs on cmployccs’ Information and cos-sultation.

Employccs rcprescntativcs for issues relating to Health and safety c work and those who participatc in informatioo and consulution bodies *et up as a result of the implcmcntation of the abovc Directivcs arc appointed by tradc unions. lf therc arc no tradc unions in an undertaking they can be electcd by employccs We should add that the possibility to crcate Wodu Councils was givcn pursuant to the Act of 10 March 2006 and the proce* has not started yct. Until 23 March 2008 provisions of the Act shall applj to employers with at least 100 cmployces and as of that datę the couooJi will also be available in enterprises with at least 50 employees.

Employccs’ rcpresentatives clcctcd (possibly appointed) ui undertakiap arc a charactcristic form of cmployces' representation. The reason why tho form of representation is rccogniscd is the crisis of tradc unions prcscncc * enterprises. Electcd reprcscntativcs havc different scopc of competence depeo-ding on the issue at stake. In somc cases, e.g. hcalth and safety at work, *t pre-colloctive rcdundancy stage they arc of Information and consulting naturę whilc in others they may bc of negotiaton typc (sce point 3 below).

2. Ob)cctKe of non-anion representation rrithin the firm: a partner fer

Information and consultation or also a party to coUecthe bargaining

The above presented forms of non-union representation of employeo arc supposcd to offer counterparts to employers with rcspcct to mfonrańr* and consulution in maltcrs concermng cmployces. Only cmployces' tdf-govcrnmcnt bodies in Sute owncd undertakings bas-e further rcadiug po wers The competence of the General Asscmbly of Employccs ind uda ■ particular the adoption of the statutes of an undertaking. divisinn of profit

illocated to cmployces, annual assessmenl of the Works Council and the director. adoption of multiannual plans of the undertaking and giving optnions on all issucr conccrnjng the undertaking. The Works Council has the powers to takc decisions (co^letermination), givc opinions and conlrol. The co-dctcrminating powers tnelude: the power to adopt the annuał plan, the change of the enterprise linę of business, the distribution and the usc of fuads of the enterprise, giving conscnl to the transfer of fixed assets of the entCTpnse, adoption of rcsolutions on transformalion of the enterpnse and its bccoming a part of a company, etc. The Council has the right to give ils opioion in all matters dealing with the undertaking in question and to ecntrol its ovcrall activity.

The nght to collcctive bargaining is cnlrusted only. and in cascs deflnod by rcgulations. to cmployces' representatises electcd ad hoc in undertakings •herc thcrc arc no tradc unions.

3. [Non-union representation of cmployces in collectise bargaining within

the firni in the light of national espericnce: the form(s) of non-unioo

represeotadoo. scopc and procedurę of bargaining

As it has aircady bccn indicatcd cmployccs’ rcprcscnialivcs electcd ad hoc in enterprises arc. in cuses spealied in the rcgulations, the only non-union form of ctnployccs’ representation in collcctivc bargaining in enterprises •berc thcrc arc no tradc unions. The following situations arc coverod:

-    Whcn financial standing of the employer justifics it, thcrc can bc an agreement concludcd on the suspension of the provisions of labour law, fially or in part. with rcspect to rights and obligations of partics to the oeployment contract. The suspension m question may not covcr the acts of law and must bc limitcd to spcafic labour law (in practicc to pay rcgula-tioas). Agreement is concludcd between the employer and the tradc unton organisation which represents cmployccs. If thcrc arc no tradc unions in the undertaking in qucstion, the agreement is concludcd between the employer and cmployccs' representation in accordance with the procedurę adopted for the undertaking. The suspension of the application of labour law pnmsions may not last Iongcr than 3 ycars (Art. 9^l of the L.C.);

-    Undcr the same circumstanccs as abovc, cmployccs’ rcprescntalivcs n»y oonelude an agreement on the application of less favourablc condilions of employment than those resultmg from their employment contracts within the scopc and timc limit spcofied in ebe agreement. The agreement may be coocluded with an employer to whom the coikctivc labour agreement docs not apply or who employs less than 20 peoplc (Art. 23“ § 1 L.C.);

-    If there is no tradc union organisation in the undertaking, for the purpose of night work the list of particulariy dangerous jobs or jobs cntailing