The role of the court in collective bargaining

Abstract

The article analyzes the reasons, areas and forms of court involvement in collective bargaining. Although the autonomy of social partners is the foundation of collective bargaining, the involvement of the court is necessary to protect freedoms and fundamental rights of individuals and to ensure the harmonious functioning of social dialogue. Due to the specificity of collective relations in Poland, the involvement of the court is significant. However, there are some areas (e.g. collective dispute resolution) where there is a lack of appropriate collective procedures tailored to features of disputes arising in this area.