Multi-enterprise Collective Labour Agreement in Polish Employment Law

Multi-enterprise Collective Labour Agreement (MCLA)

For December 31st 2014, The Ministry of Labour and Social Policy registered:

  • 174 Multi-enterprise collective labour agreements,
  • 333 additional reports to them,
  • 46 agreements concerning application of others multi-enterprise agreements
  • 9 additional reports to such agreements.

On request of one of the parties among 174 agreements – 74 were terminated or resolved.

14 agreements among stated above shall be considered as inapplicable, because the body which signed the agreement does not exist or is not entitled to undertakes any measures related to the agreement.

Enterprise collective labour agreement including:

  1. Employees of a local government budget establishments education units who are not a teachers,
  2. Employees of a local government budget establishments municipal services units,
  3. Employees of a local government budget establishments social assistance units,
  4. Employees of a State budget entities employed in:
    1. Water management units,
    2. Military treasury entities,
    3. Polish State Forest Administration.
  5. Employees of:
    1. Power distribution industry entities,
    2. Lignite mines,
    3. Enterprises of defense and aviation industry,
    4. Employed by employers affiliated in Architecture Section of Polish Employers Chamber and National Leave Fund,
    5. Employees of Orange Polska S.A.

The Department of Dialogue and Social Partnership runs cases concerning Multi-enterprise Collective Labour Agreements.

The tasks of the Department include:

  1. Supervising the filling of applications for Multi-enterprise Collective Labour Agreements, paying special attention to their legal validity.
  2. Examination of the applications by:
    • Verifying the applications with respect to formal and substantive requirements,
    • Verifying the proxies with respect to formal and statutory requirements.
  3. Processing the applications for extension of the Multi-enterprise Collective Labour Agreements to the employees who are not covered by any Multi-enterprise Collective Labour Agreement.
  4. Pronouncing judgments of the legal acts in the filed of collective labour law.
  5. Providing explanations on issues relating to the Multi-enterprise Collective Labour Agreements.
  6. Preparation of the essential documents required to register the Multi-enterprise Collective Labour Agreements and agreements concerning application such MCLA
  7. Keeping the registry of Multi-enterprise Collective Labour Agreements, registered by Minister of Labour an Social Policy.
  8. Keeping the original copies of Multi-enterprise Collective Labour Agreements and documents related to them, registered by Minister of Labour and Social Policy.
  9. Processing claims that the Multi-enterprise Collective Labour Agreements registered by Minister of Labour and Social Policy infringe the rules of law.

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