On 4 February 2025, a draft act on collective agreements and collective arrangements (UC34) was published in the system of the Government Legislation Centre.
Previously, the conclusion and registration of collective arrangements and collective agreements were regulated by the Labour Code and a ministerial ordinance.[1] However, the entry into force of the Adequate Minimum Wages Directive has made it necessary to amend the legislation.[2]
The draft regulates the following:
- Conclusion, validity, recording and provision of collective agreements
- Recording and provision of collective arrangements
- Preparation and submission of reports on collective bargaining coverage
- Preparation and updating of the Action Plan to Support Collective Bargaining
As a result, the provisions of Chapter XI of the Labour Code will be repealed.
Some provisions of the draft act are a repetition of existing solutions. At the same time, a number of important points should be noted.
Rules for concluding collective agreements
Under the new rules, employers meeting all of the following conditions:
- Employ at least 50 people in gainful employment
- Have at least one trade union organisation
- Are not covered by any collective agreement
will be required to negotiate a company collective agreement every two years.
This measure is intended to increase the number of collective agreements, but has been criticised by the Ministry of Education, among others.
In the comments to the draft act, it was pointed out that the need to carry out this process every two years seemed excessive, especially as there may be situations where the collective bargaining for the previous agreement is not yet complete, while the deadline for the next negotiations has already passed.
At present, collective agreements define:
- Terms and conditions of employment, and
- Mutual obligations of the parties, including those relating to the application of the agreement and compliance with its provisions
The draft act also contains an open list of issues that can be regulated by collective agreements. These include:
- Working time and working time standards
- Pay conditions
- Work-life balance
- Age management and active ageing issues
At the same time, any provisions of a collective agreement that are less favourable to the employees/persons concerned by such an agreement than the provisions of labour law will be invalid by operation of law.
Collective agreements can be concluded for a fixed or indefinite period via bargaining between the employer and the trade unions. In addition, the draft act provides for the possibility of involving a mediator whose task will be to assist the parties in reaching agreement on the wording of the collective agreement.
National Register of Collective Agreements
According to the draft act, the minister responsible for labour will maintain the National Register of Collective Agreements, in which collective agreements and collective arrangements and additional protocols will be filed.
The filing itself will consist in entering data using a form available on the website and attaching a digital representation of the content of the collective agreement, collective arrangement or additional protocol. The content of the digital representation of the collective agreement, collective arrangement or additional protocol will be made available in accordance with the rules on access to public information.
Rules for withdrawing from a supra-company collective agreement
The draft introduces a procedure for employers to withdraw from a collective agreement if, because of the economic situation, the application of the agreement would make it impossible for the employer to continue in business.
This will no longer require all parties to the agreement to conclude an additional protocol. An employer wishing to withdraw from a supra-company collective agreement will only have to submit a written declaration to the parties to the agreement, together with a statement of reasons.
Changes to the procedure for extending the application of a supra-company collective agreement
According to the draft, the complicated procedure for extending the application of a supra-company collective agreement to employees of an employer not covered by any such agreement, as described in Article 241(18) of the Labour Code, will be changed.
Once the law has been adopted, the minister responsible for labour may, at the written request of:
- Employers’ organisations
- At least two employers, or
- Trade union organisations
which have concluded a supra-company collective agreement, extend the application of the agreement (in whole or in part) to an employer who is not covered by any agreement, after consulting that employer or the employers’ organisation designated by the employer and the workplace trade union organisation (if there is one).
The possibility of challenging the provisions of a collective agreement
The following persons will be able to file a request to determine whether the content of a collective agreement complies with labour law or whether the agreement has been concluded in accordance with the law:
- Employees
- Persons engaged in gainful employment other than employees
- The trade union or the employer, covered by the collective agreement
- A labour inspector
- A public prosecutor
However, the filing of such a request will not prevent the entry into force and application of the collective agreement.
The requests will be dealt with by the labour courts in accordance with the provisions of the Code of Civil Procedure on non-litigious proceedings.
Summary
We do not yet know the exact date when the proposed changes will come into force. However, you can follow work on the new rules here.
Any questions? Get in touch with us
[1] Regulation of the Minister of Labour and Social Policy of 4 April 2001 on the procedure for registering collective agreements, keeping a register of agreements and registration files, and templates for registration clauses and registration cards (Journal of Laws No. 34, item 408)
[2] Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union