download PDF
Contents: 1. Introduction. 2.The preference in Polish labour law for the amicable resolution of employment disputes and why out-of-court procedures may be helpful. 3. Different types of out of court dispute resolution procedures applicable to individual employment matters. 4. Workplace Conciliation Committees. 5. Arbitration proceedings in labour law disputes. 6. Mediation proceedings.
1. Introduction
Article 243 of the Polish Labor Code1 sets forth the principle that, where possible, employment disputes should be amicably resolved by the parties. It follows from this provision that the employer and the employee should seek an amicable settlement of disputes arising from the employment relationship, even outside the context of a court case. This article analyzes the three majors out of court dispute resolution mechanisms that exist under Polish labor law: conciliation committees2, arbitration3 and mediation4. These proceedings are not conducted by a common court, but by a conciliation committee, court of arbitration, or mediator, respectively. The court does not participate in such proceedings. Rather, the court may only possibly perform a control function regarding the correctness of the content of the settlement concluded, ensuring that the rights of the employee under Polish labour law are secured.