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Dr Anna Daniluk-Jarmoniuk
ORCID: 0000-0003-2671-5496

PH.D. in law, assistant pro­fessor at the Department of Labor Law at the Faculty of Law and Administration of the Maria Curie-Skłodowska University in Lublin, legal advisor. Author and co-author of monographs, collective works and articles on labor law and medical law.

 
DOI: 10.33226/0032-6186.2026.1.7
JEL: K31

This article offers a comprehensive analysis of the legal framework governing the determination of the member­ship size of a multi-employer trade union organization under the amended Polish Trade Unions Act. The author emphasizes that a union’s membership figure is not merely statistical; it defines the scope of the union’s rights, includ­ing representativeness, the number of officials entitled to special protection, and the extent of paid leave from work granted to members of the governing board. The article primarily addresses the analysis of the information obliga­tion incumbent upon a trade union organization, as well as the judicial procedure for verifying the number of its members. The author also addresses issues of territorial jurisdiction and considers the effects of court rulings on the union’s status and entitlements. The article concludes with de lege ferenda proposals aimed at increasing proce­dural uniformity and transparency and maintaining a fair balance between safeguarding trade union rights and pro­tecting employers’ interests.

Keywords: multi-employer trade union organization; trade union; membership size; determination of membership; collec¬tive labour law
DOI: 10.33226/0032-6186.2024.8.3
JEL: K31

The amendment to the Code of Civil Procedure, introduced by the Act amending the Act on Bridge Pensions and certain other acts, has introduced a real revolution in the protection of certain groups of employees against termination of employment. Although the legislator's initial intention was to grant additional protection primarily to trade union activists and other members of employee representatives, ultimately, far-reaching guarantees of the durability of the employment relationship in the form of ordering the employer to continue employing the dismissed employee until the final conclusion of the proceedings were extended to all particularly protected employees. The analysis of the content of art. 7555 of the Code of Civil Procedure clearly shows that the court was basically given no discretion as to whether to grant this type of security. The basis for granting it is only if the entitled person (employee) substantiates the existence of the claim; security may be refused only if the claim is clearly groundless. Therefore, if it is granted, it will provide temporary satisfaction of the employee's claim seeking recognition of the notice of termination as ineffective or reinstatement to work, even at an early stage of the proceedings. The structure of the analyzed provision indicates that the legislator did not consider the practical aspects of applying the new institution of security, did not take into account the specificity of employment relations, the complexity of the facts and often assessed circumstances underlying the termination of the employment relationship by the employer and the employee, as well as the economic and organizational effects that it may cause, with a given employer.

Keywords: particularly protected employees; securing claims; obligation to continue employment; termination of the employment contract