Right to collective bargaining : the right of workers or trade unions?

Bibliogr. s. 259-263

In this article the author examines the right to collective bargaining, which is regarded as a fundamental principle of collective labour law and seeks to answer the question whether the right to collective bargaining and the conclusion of collective agreements or arrangements is an emanation of the freedom of association in trade unions or rather amounts to a separated (from the freedom of association) right of employees represented by collective labour law bodies, including trade unions. To this end, the author examines regulations on collective bargaining in international and national law. The aforementioned analysis enabled to conclude that it cannot be unequivocally stated that the right to collective bargaining is granted exclusively to trade unions. At the same time the author states that this right is perceived as one aspect of the freedom of association and cannot be realized by employees directly (individually). Based on the aforesaid analysis the author also formulates proposals for changes in the Polish collective labour legislation.