The Constitution of the Republic of Poland provides for the right to bargain and includes it among the fundamental human rights (freedoms). However, the Constitution of the Republic of Poland does not determine the subjective scope of the right to bargain as this scope is shaped by international standards. It follows from Article 59 (4) of the Constitution of the Republic of Poland, that the right to bargain may be subject only statutory limitations only to the extent permitted by international agreements binding Poland. Meanwhile, the subjective scope of the right to collective bargaining defined in the standards of the International Labour Organization differs from the subjective scope of this right resulting from the opinion of the Court of Justice of the European Union. In this context, the aim of the article to justify the thesis that meeting the requirements of international law is in conflict with EU law.