With the judgment passed on June 2, 2015 in the case K 1/13 the Constitutional Tribunal has fundamentally changed the polish model of functioning of trade unions.
On the basis of hitherto provisions only the employees – the persons hired upon the contract of employment governed by the Labour Code – were entitled to establish trade unions and to join them. According to the Tribunal it is a restriction of freedom of association which violates the constitution and the international law.
Consequently, the persons working upon service contract or contract for work and labour obtained the right to participate in trade unions. In may have significant implications for all employers using flexible forms of employment.