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Dr Błażej Mądrzycki
ORCID: 0000-0001-9165-6168

PhD in law, assistant professor at the Faculty of Law and Administration of the University of Silesia in Katowice.

 
DOI: 10.33226/0032-6186.2024.1.5
JEL: K31

The directive on adequate minimum wages in the European Union provides for the obligation to promote collective bargaining and requires Members States to adopt measures to increase its coverage to 80%. Poland is one of the countries with the lowest level of collective bargaining throughout the European Union. The article discusses the reasons of the crisis as well as analyzes legal solutions, the introduction of which could contribute to the revival of social dialogue in conditions of low union density and low activity of social partners.

Keywords: collective bargaining; collective agreement; social dialogue; social partners
DOI: 10.33226/0032-6186.2021.10.5
JEL: K31

Mediation is one of the most well-known forms of conflict resolution. Its informal formula, focus on the parties, speed and low (compared to court proceedings) costs should support the wide use of this tool. Unfortunately, mediation still remains a more present tool in discourse than in practice. The low popularity of mediation also applies to labour law. This is all the more surprising because the nature of the relations occurring in labour law is the ground on which mediation can be successfully applied. In the body of labour law arbitration commissions are known, in the labour code the legislator also suggests an amicable resolution of conflicts, the branch itself is in turn assigned an irenic function. All this may suggest the success of mediation in labour law. The above circumstances prompted the author to check whether the current regulations hinder the use of mediation in labour law. The text covers such topics as the contract for mediation in employment cases, the impact of mediation on the running of time limits and settlement suitability. The literature on the subject has also long been calling for certain changes that could help popularize mediation. It is therefore necessary to check whether the legislator is taking the right steps in this regard. An additional reason for this text is the planned amendment concerning mediation. The solutions proposed in the draft will serve as a background for the discussion. Another important impulse for the creation of this text is the attempt to stimulate discussion and the search for solutions encouraging mediation in employee cases.

Keywords: mediation; conflict; employee; employer; labour law