Supreme Court voids union recognition if active members are under 10% of covered employees despite 5,000+ total members.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland revoked a lower court's decision recognizing a trade union as representative due to a mathematical error in membership calculations. The union claimed over 210,000 employees, but the Supreme Court found its active members constituted less than 10% of the total workforce covered by its statute. Consequently, the court ruled that the statutory requirement for at least 10% active membership was not met, necessitating a remand for a correct assessment.
Legislator headnote
AI generatedArt. 241 § 17 pkt 2 Kodeksu pracy; A trade union organization is not representative under Article 241 § 17(1)(2) of the Labour Code if, despite having at least five thousand members, the number of active professional members does not simultaneously constitute at least 10% of the total employees covered by the organization's statute.