Rapporteur five members of the panel judge Mark Zubik said in a memorandum that “since the Constitution clearly marked the freedom to form trade unions, the legislature has no right to narrow down and specify who it may unite them.” The Court did not refer to the content of the Labour Code and found in it who is an employee, only to constitutional norm that allows to organize themselves in trade unions – said Zubik.
This freedom is currently being narrowed by the law on trade unions and, therefore, CT declared the incompatibility of articles of this law with the Constitution – Zubik explained in the explanatory memorandum.
OPZZ indicated that written in the Law on Trade Unions definition of worker is narrowed to record contained in the provisions of the Labour Code. By then, he claimed relationship, Polish law allows to establish and join trade unions only workers with full-time jobs.
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