Employees on civil contracts are to gain the right to unionize similar to the ones currently available to those on contracts of employment. Such solutions are included in the government draft of an amendment to the Trade Unions Act, which has already been sent for social consultation. However, the devil is in the details. If employers will use short-term contracts (ie. renewed every month), contractors and self-employed who are union members will effectively have no protection against getting fired.
The draft includes a mechanism whereby union members selected by the union (employed on civil contracts) will be protected against getting fired. If the employer abuses this regulation, the employee in question would have to be compensated with three months wages (if remuneration is not paid monthly, the compensation will be three times the average wage in national economy).
– In my opinion, the result of the change in question will be employers refusing to use civil contracts for unspecified time. Civil contracts will be signed every month. Thus, they will simply not offer a new one and avoid the aforementioned sanction – remarks Monika Gładoch, attorney at law and expert of Employers of Poland.
– The antidiscrimination protection mechanism included in the draft is a sufficient provision. Anyone who believes they have been mistreated as a result of their membership and activity in the unions may demand compensation appropriate to the damages incurred – she adds.