In recent years, European social policy has shifted from decentralizing collective bargaining, which is justified by the economic crisis and the need to support entrepreneurs, to supporting and promoting social dialogue (the European Pillar of Social Rights, the Directive on Adequate Minimum Wages). Directive builds a desired model of collective bargaining that covers at least 80 percent of workers. Where the coverage of collective bargaining is lower, Member States are now obliged to adopt an action plan to increase it (Article 4 of the Directive). The EU strategy may be perceived as an attempt to restore the European social model based on sectoral (trans-sectoral) negotiations covering large groups of workers but also as an instrument to influence socio-economic models of (some) Member States. Central and Eastern European countries (‘CEECs’), including Poland, are among the MSs with the lowest coverage by collective bargaining. During the transition period, CEECs positioned themselves as cheap labour markets to attract foreign investments. In recent years, the region enjoyed significant economic development. However, it has not entailed the implementation of the European Social Model, in particular in its collective dimension. The improvement of workers’ position has been usually caused either by market situation or by state intervention (e.g. increasing statutory minimum wages). Consequently, the question arises how to meet the requirements arising from Directive 2022/2041 and to increase collective bargaining coverage. The problem will be analyzed from Polish perspective—the largest Central and Eastern European labour market and the state with the lowest coverage in the entire EU. The Polish government has submitted a draft law on collective agreements. The authors analyze a potential impact of the new law on collective bargaining system. They highlight the current position of social partners and obstacles in developing industrial relations. As consequently they consider whether the legal solutions that have been proposed may contribute to increasing collective bargaining coverage. In fact, there is a doubt whether Poland wants to reform the collective bargaining system and, consequently, the existing socio-economic model. This leads to the question whether the model for promoting collective bargaining adopted in Directive 2022/2041 is not premature.

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From Decentralizing to Promoting Collective Bargaining: The Development of Industrial Relations in Poland

  • Błażej Mądrzycki,
  • Łukasz Pisarczyk

摘要

In recent years, European social policy has shifted from decentralizing collective bargaining, which is justified by the economic crisis and the need to support entrepreneurs, to supporting and promoting social dialogue (the European Pillar of Social Rights, the Directive on Adequate Minimum Wages). Directive builds a desired model of collective bargaining that covers at least 80 percent of workers. Where the coverage of collective bargaining is lower, Member States are now obliged to adopt an action plan to increase it (Article 4 of the Directive). The EU strategy may be perceived as an attempt to restore the European social model based on sectoral (trans-sectoral) negotiations covering large groups of workers but also as an instrument to influence socio-economic models of (some) Member States. Central and Eastern European countries (‘CEECs’), including Poland, are among the MSs with the lowest coverage by collective bargaining. During the transition period, CEECs positioned themselves as cheap labour markets to attract foreign investments. In recent years, the region enjoyed significant economic development. However, it has not entailed the implementation of the European Social Model, in particular in its collective dimension. The improvement of workers’ position has been usually caused either by market situation or by state intervention (e.g. increasing statutory minimum wages). Consequently, the question arises how to meet the requirements arising from Directive 2022/2041 and to increase collective bargaining coverage. The problem will be analyzed from Polish perspective—the largest Central and Eastern European labour market and the state with the lowest coverage in the entire EU. The Polish government has submitted a draft law on collective agreements. The authors analyze a potential impact of the new law on collective bargaining system. They highlight the current position of social partners and obstacles in developing industrial relations. As consequently they consider whether the legal solutions that have been proposed may contribute to increasing collective bargaining coverage. In fact, there is a doubt whether Poland wants to reform the collective bargaining system and, consequently, the existing socio-economic model. This leads to the question whether the model for promoting collective bargaining adopted in Directive 2022/2041 is not premature.