Out-of-court resolution of employment disputes in Poland

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Authors
Antolak-Szymanski, Katarzyna
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Date
2024-07-30
Publisher
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Diritti Lavori Mercati International
Issue
1
Volume
Pages
Pages
104-119
ISSN
1722-7666
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Access date
2024-07-30
Abstract PL
Abstract EN
Amicable dispute resolution helps to alleviate social tensions in the workplace between employees and employers, and fosters a peaceful culture of dispute resolution. The above-mentioned out-of-court institutions for resolving labour disputes are in line with the implementation of the dispute settlement amicable directive established by the Polish legislator. When comparing the practical application of the offered out-of-court employment dispute resolution procedures, it should be noted that at the present time they are not popular among Polish employers and employees.The reasons for this are complex, and have been outlined above. However, mediation can be very helpful in resolving labour disputes, and its use has been steadily increasing since its introduction into the provisions of the Code of Civil Procedure, with the possibility of its use in labour disputes, as indicated by the statistics kept by the Ministry of Justice34. This may indicate that there is a growing interest in this new institution and that employees and employers are increasingly interested in using this form of dispute resolution. Mediation may therefore be a way out of a situation in which conciliation committees and arbitration have failed. It is also worth noting that mediation has been used as a well-established form of resolving collective disputes, which demonstrates its effectiveness in the context of labour relations35.
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Keywords PL
Keywords EN
Meditation
conciliation
alternative dispute resolution
arbitration
employment disputes
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