Zrzeszenia obowiązkowe przedsiębiorstw państwowych

Abstract

The article discusses essential questions related to organization and functioning of compulsory unions of state enterprises in the light of the State Enterprises Act of 1981 and of implementing orders of the Council of Ministers. The following are discussed: premises of forming compulsory unions, their normative tasks, problems of entering into a contract of union creation, its contents (including a problem of judical intervention into the contracting process), contents and legal character of union's statute. A subject of principles of union functioning and of their organs (union council and director) was also treated in detail. The authors advocated that compulsory unions are a form of grouping state enterprises which cannot be considered as a continuation of associations of enterprises abolished in 1962. Although the unions are created in execution of the decision of the Council of Ministers which bindingly defines several contractual provisions creating the union, but they are not organs of economic administration (as the previous associations used to be). Consequently they have no competence to interfere into enterprises' operation in administrative mode. The council of union is entitled to make resolutions binding for union members, on the grounds of competence resulting from the contract of union creation, but a breach of those resolutions can result only in sanctions of civil law (civil liability for damage).