On the loss and recovery of the rights of a trade union organization

The provisions of the Trade Union Act of 23 May 1991 concerning the loss and regaining the rights of a company trade union organization generate numerous interpretative doubts. The author analyses issues concerning the trade union organization’s failure to comply with the obligation to provide the employer with information on the number of its members, the trade union organization’s failure to timely submit an application to the labor court with jurisdiction over the employer’s registered office to establish the number of its members as at the last day of the six-month period, and the organization’s restoration of its rights as a result of the submission of an application to establish the number of its members. The author also draws up de lege ferenda postulates concerning the clarification of specific regulations, which should result in avoiding paralysis of the legitimate exercise of trade union rights and privileges by a trade union organization.

ASJC: 3308, JEL: K31

The provisions of the Trade Union Act of 23 May 1991 concerning the loss and regaining the rights of a company trade union organization generate numerous interpretative doubts. The author analyses issues concerning the trade union organization’s failure to comply with the obligation to provide the employer with information on the number of its members, the trade union organization’s failure to timely submit an application to the labor court with jurisdiction over the employer’s registered office to establish the number of its members as at the last day of the six-month period, and the organization’s restoration of its rights as a result of the submission of an application to establish the number of its members. The author also draws up de lege ferenda postulates concerning the clarification of specific regulations, which should result in avoiding paralysis of the legitimate exercise of trade union rights and privileges by a trade union organization.

ASJC: 3308, JEL: K31