Right of Collective Bargaining in the European Social Charter and its Implementation in Selected European Countries and the Principle of Social Dialogue in Acts and Documents of the European Union

Abstract

The study focuses on the right to conduct collective bargaining between the employers and their organisations and the trade unions as the form of association of employees (working people). The introductory remarks review the conventional regulations of collective bargaining right with special emphasis on the International Labour Organisation (ILO) Conventions, particularly, No.98 of 1949 and No. 154 of 1981. The article analyses the European Social Charter as a core of social act regarding social rights within the Council of Europe system, with special attention given to its collective bargaining regulations, principally provisions its art. In addition, the article comments on the provisions of art. 28 of the EU Charter of Fundamental Rights, a crucial EU regulation dealing with the process of collective bargaining. In conclusion the article argues whether the specifics of collective bargaining in the EU belong to the national regulations of EU member states. In its further parts, the article examines the principle of social dialogue in the European treaties and the practices of the Social Dialogue Committee of the European Union. Furthermore, the study presents the issue of relation between protection of economic freedoms and rights of an individual as provided by the 1997 Constitution of Poland and protection of such as established by universal and regional international regulations, including International Covenant on Economic, Social and Cultural Rights of 1966 and the ratified regulations of the Council of Europe.