Employers of Poland, The Individual Investors’ Association and the Stock Issuers’ Association notified the Regional Prosecutor's Office in Jastrzębie Zdrój on the possibility of eight union leaders active in Jastrzębska Spółka Węglowa committing a crime of leading an illegal strike.
The strike is illegal, as the subject of labour dispute was no longer valid at the time of the strike announcement. Unions have put forward new postulates, but this has taken place after the strike had commenced, foregoing the legally required negotiation and mediation procedures.
Moreover, the Strike Committee did not notify the Board of the planned strike action.
Since February 10th, a hunger strike is taking place at JSW S.A., a strike which has been clearly ruled illegal by the Supreme Court.
On February 12th, the Regional Court in Gliwice ordered the members of the Strike Committee to refrain from further action and negligence which harm to the company. In the Court's assessment, the strike is illegally and should be stopped instantly.
For this reason, notifying law enforcement authorities was necessary to take appropriate measures against those who openly (as evidenced by media coverage) break the law. This proves that they feel total impunity and believe they can behave nonchalantly even when dealing with the justice system.
Every day, union leaders indicated in the notification, expose the JSW, the majority stakeholder of which is the Treasury, to losses of 27 mln PLN, thus restricting budget income, as well as exposing employees to legal and financial consequences of participating in illegal strike action.
Moreover, Andrzej Malinowski, President of Employers of Poland has appealed in an open letter to Andrzej Seremet, Prosecutor General, to assume extraordinary prosecutor supervision over the criminal investigation regarding union leaders involved in the illegal strike at JSW.
- Union methods which we could see in the media ar undoubtedly very far removed from standards of a democratic state governed by the law. I am amazed that leaders of an action of common law-breaking have not faced any consequences thus far. I am also terrified by the fact that such egregious cases of property violation, as well as acts of vandalism and violence, have not been stopped and the persons responsible persecuted – we read in President Malinowski's letter.