Rola organów samorządu załogi w indywidualnych sprawach pracowniczych

Abstract

In principle, the present regulations do not vest organs of the self-government with rights to decide or settle individual cases concerning the employment relation. There are certain exceptions to the rule (opinions concerning decisions of allocation of premises, opinions in cases of applications to award State orders and distinctions, opinions in cases of technological innovations suggested by employees, cases concerning the employment relation of an enterprise director). The solution adopted in the binding regulation has to be, in general, considered as the correct one. Entrusting the self-government organs with individual cases of employees in a wider extent than presently provided by law would inevitably generate negative consequences. Particularly, the general orientation of the workers' self-government organs would be altered. Settling individual cases of employees by those organs would definitely be done at the sacrifice of general economic affairs of an enterprice and its personnel. Organs of workers' self-government entering into the individual cases concerning the employment relation can be threatened with conflicts with trade unions' organs and adopting unions' positions. The self government organs' intervention into the individual cases concerning the employment relation might also curtail the manager's power in the enterprise as well as collectivization of employment relations and of responsibility. The activity of self-government organs on the level of enterprise, plant or department cannot change the essence of individual employment relations with superior's power and employee's subordination. Modifications of individual employment relations can be carried out by means of special forms of labor organization as self-government teams, economic groups, autonomous groups etc.