Legal status of persons performing gainful employment on a basis other than employment relationship in the light of the Act on Resolution of Collective Disputes

The amendment to the Act on Trade Unions, which entered into force on 1 January 2019, significantly expanded the scope of people who have the right to associate in trade unions. As a consequence—in connection with Art. 6 of the Act on resolving collective disputes—the provisions of the Act on collective disputes concerning employees shall apply accordingly to these persons. This text analyses the legal status of these persons in the context of collective labour disputes. The author points out in particular those provisions of the Act on resolving collective disputes, the proper application of which to persons performing work on a basis other than an employment relationship may raise theoretical and practical problems and, as a finally, result in a reduction in the level of their protection compared to employees.

ASJC: 3308, JEL: K31

The amendment to the Act on Trade Unions, which entered into force on 1 January 2019, significantly expanded the scope of people who have the right to associate in trade unions. As a consequence—in connection with Art. 6 of the Act on resolving collective disputes—the provisions of the Act on collective disputes concerning employees shall apply accordingly to these persons. This text analyses the legal status of these persons in the context of collective labour disputes. The author points out in particular those provisions of the Act on resolving collective disputes, the proper application of which to persons performing work on a basis other than an employment relationship may raise theoretical and practical problems and, as a finally, result in a reduction in the level of their protection compared to employees.

ASJC: 3308, JEL: K31