Krajowy Sekretariat Górnictwa i Energetyki

ACT
of 23 May 1991
on Trade Unions
(Consolidated text: Dziennik Ustaw, 2001, No. 79 item 854 with subsequent amendments:
2001, No 128, item 1405; 2001, No. 100, item 1080; 2002, No.135, item 1146; 2002, No.240,
item 2052; 2003, No 63, item 590)

Article 1. 1. A trade union shall be a voluntary and self-governing organization of the
employees, founded to represent and defend their rights, occupational and social interests.
2. In pursuing its statutory activities a trade union shall be independent from employers, state
administration, territorial self-government, and other organizations.
3. State and territorial self-government authorities as well as the employers shall treat trade
unions equally.
Article 2. 1. The right to found and join trade unions shall be given to the employees
regardless of the employment relation basis, members of agricultural production cooperatives,
and persons who perform work on the basis of an agency contract if they are not employers.
2. Persons who perform cottage work shall be entitled to join trade unions in the
establishment with which they concluded a relevant contract.
3. Retirement or disability retirement shall not deprive persons referred to in item 1 and 2, of
the membership or the right to join trade unions.
4. The unemployed as defined by the employment regulations shall retain their trade union
membership and if they are not members of trade unions, they shall have the right to join
trade unions in cases and under conditions specified by the trade union statutes.
5. The right to found and join trade unions in establishments shall have also persons delegated
to such establishments in order to serve their substitutionary military duty.
6. Provisions of this Act shall apply, subject to limitations set out in other acts, to the trade
union rights of the officers of the Police, Frontier Guard and Prison Service and the firemen of
the National Fire Brigades and the employees of the Supreme Chamber of Control.
7. Provisions of this Act, which shall apply to the employees, shall respectively apply to other
persons referred to in items 1 to 6.
Article 3. No person shall bear negative consequences of their membership or nonmembership
in a trade union or performance of a function within the trade union. In particular
this cannot constitute a condition for conclusion of an employment relationship, maintenance
of such a relationship, or promotion.
Article 4. Trade unions shall represent employees and other persons referred to in art. 2, the
unions also protect their dignity, rights, and material and moral interests both collective as
well as individual.
Article 5. Trade unions shall have the right to represent employee interests on the
international forum.
Article 6. Trade unions shall participate in creation of favourable working, living, and leisure
conditions.
Article 7. 1. Trade unions shall represent rights and collective interests of all employees
regardless of their trade union membership.
2. Trade unions shall represent rights and interests of their members for individual
employment relations. When requested by an employee who is not a trade union member, the
trade union may undertake protection of his rights and interests towards the employer.
Article 8. Trade unions shall supervise observance of regulations regarding interests of the
employees, pensioners, disability pensioners, unemployed and their families under the rules
provided for by this Act and separate acts.
Article 9. Statutes and trade union resolutions shall freely specify organisational structures of
trade unions. Only statutory bodies of trade union structures with legal personality may
contract property obligations.
Article 10. Rules of membership in a trade union and holding trade union functions shall be
stipulated in the statutes and resolutions of statutory authorities of trade unions.
Article 11. 1. The trade unions shall have the right to found nationwide associations
(federations) of trade unions.
2. Nationwide trade unions and federations of trade unions may found nationwide inter-union
organizations (confederations).
3. Trade union organizations including federations and confederations shall have the right to
found and join international employee organizations.

Article 12. 1. A trade union shall be founded with the founding resolution passed by at least
10 persons entitled to found trade unions.
2. Persons who passed the resolution on the founding of a trade union shall pass the statute
and appoint three to seven members of the founding committee.
Article 13. The statute of a trade union shall specify, in particular:
a) the name of the union,
b) the seat of the union,
c) territorial and subjective scope of activity,
d) goals and tasks of the union and methods and forms of pursuing the goals and tasks,
e) rules of acquiring and losing the membership,
f) rights and obligations of the members,
g) organizational structure of the union stating authorities of the union which have legal
personality,
h) the method of representation of the union and the persons entitled to contract property
obligations on behalf of the union,
i) union authorities, method of appointment and revocation, scope of competencies, and
term of office,
j) sources of financing the activities of the trade union and the method of collecting
member contributions,
k) rules of passing and amending the statute,
l) the method of trade union dissolution and liquidation of its property.
Article 14. 1. The trade union must be registered with the National Court Register, further
referred to as the “register”.
2. If the founding committee fails to submit the registration request within 30 days of the
founding date, the founding resolution shall become void.
3. The registration proceedings shall be free from court fees.
Article 15. 1. The trade union and its authorities referred to in the statute shall acquire legal
personality on the day of the registration.
2. Repealed
Article 16. 1. The trade union shall immediately notify the competent court of the amendment
of its statute. The amendment shall come into force 14 days of the notification unless the court
has objections to the legitimacy of the amendment.
2. If there are objections referred to in item 1, the court shall notify the trade union of the
objections and shall set the hearing date to review the objections within 30 days of the
notification submitted by the trade union regarding the statute amendment.
3. Article 18 item 1 and 2 shall apply respectively.
Article 17. 1. The court shall delete the trade union from the register if:
a) the authority stated in the statute passed a decision to dissolve the union,
b) the establishment in which the trade union had operated was deleted from the
appropriate register following its liquidation or bankruptcy or legal and organizational
restructuring which render its further operations impossible,
c) the number of trade union members is below 10 for a period of time exceeding three
months.
2. The circumstances referred to in item 1 shall be ascertained by the court ex officio or upon
the request of the trade union.
3. Repealed.
Article 18. 1. Matters regarding registration of the trade unions shall be reviewed pursuant to
the rules of the Civil Proceedings Code on non-litigious procedures.
2. Matters referred to in item 1 shall be reviewed by the court within 14 days of the day the
request is submitted.
3. Repealed.
4. Repealed.

Article 19. 1. A trade union, representative as define by the Act of 6 July 2001 on the
Tripartite Commission for the Social and Economic Issues and voivodhsip commissions of
social dialogue (Journal of Laws No 100 item 1080 with amendments) further referred to as
the Act on Tripartite Commission for Social and Economic Issues, shall have the right to pass
opinions on the assumptions and drafts of legal acts within the scope covered by the tasks of
the trade unions. This shall not apply to the assumptions of the state budget draft and the draft
of the budget act, as there are separate rules, which regulate opinion making on that subject.
2. Authorities and bodies of governmental administration as well as territorial selfgovernmental
bodies shall deliver the underlying principles or draft texts of legal acts,
referred to in paragraph 1, to competent statutory authorities of the union, fixing the timelimit
for presenting an opinion - however not shorter than 30 days. The time-limit may be
shortened to 21 days due to important public interest. Shortening of the time-limit shall
require special justification. The time-limit for presenting an opinion shall be counted from
the day following the day of delivering the underlying principles or draft text together with a
letter fixing the time-limit for presenting the opinion. Non-presentation of the opinion in
prescribed time shall be considered as the resignation of the right to express it.
21. Underlying principles or draft texts of legal acts, referred to in paragraph 1, shall be
delivered by authorities and bodies of governmental administration as well as territorial selfgovernmental
bodies also to an appropriate electronic address, indicated by a competent
statutory body of the union, not later than in the day of their delivery in a written form.
3. If the position of the union is rejected in whole or in part, a competent body of
governmental administration or territorial self-government shall notify this fact to the union in
a written form, giving the reasons for its decision. In the case of divergence of positions, the
union may present its opinion during a meeting of a competent Sejm, Senate or territorial selfgovernment
commission.
4. Trade unions shall have the right to publicly express their opinions on the assumptions or
drafts referred to in item 1 in the mass media including radio and television.
Article 191. 1. A trade union organisation, representative in the meaning of the law
concerning Tripartite Commission for Socio-Economic Issues, shall have the right to
pronounce its opinion on consultative documents of the European Union, in particular white
papers, green papers and communications, as well as draft legal acts of the European Union
within the scope of issues covered by the trade union tasks.
2. Authorities and bodies of governmental administration shall deliver the consultative
documents of the European Union as well as draft legal acts, referred to in paragraph 1, to
competent statutory authorities of the union, fixing the time-limit for presenting an opinion.
3. Authorities and bodies of governmental administration shall deliver consultative documents
of the European Union as well as draft legal acts, referred to in paragraph 1, to an appropriate
electronic address indicated by a competent statutory body of the union.
Article 20. 1. A trade union, representative as defined by the Act on the Tripartite
Commission for the Social and Economic Issues shall have the right to submit motions for the
issue or amendment of the act or other executive regulation for the issues covered by the tasks
of the trade union. Motions regarding the acts shall be sent by the union to the Members of the
Parliament or authorities, which have the right to institute a legislative initiative. As for
executive regulations, the motions shall be directed to the authorities authorised to pass such
regulation.
2. The governmental authority to which the motion is sent shall present its position to the
trade union within 30 days, and present reasons for rejection in case of a negative position.
Article 21. 1. Under rules specified in separate regulations, trade unions shall have the right
to conduct collective negotiations and enter into collective agreements as well as other
agreements stipulated by the labour law provisions.
2. As for branches not covered by the collective labour agreements, labour and pay conditions
shall be regulated in consultation with the trade unions.
Article 22. Repealed.
Article 23. 1. Trade unions shall supervise observance of the labour law and participate,
under rules specified in separate regulations, in the supervision over observance of the safety
and health rules and regulations.
2. If the trade union believes that the actions of the state administration or territorial selfgovernment
authority or the employer are unlawful or violate rules of justice in matters
referred to in item 1, the trade union may apply to the competent authority with a request for
removal of the said inconsistency in the course of a proper procedure.
Article 24. 1. Income from economic activities pursued by the trade unions shall be used for
performance of their statutory tasks and cannot be divided amongst the members.
2. Trade unions shall benefit from tax relieves available to the trade unions.
Article 25. 1. An employee elected to hold a trade union function outside the establishment
shall have the right to an unpaid leave upon request of the trade union if the election results in
the obligation to hold that function as an employee.
11. An employee who returns to work within time specified by Article 74 of the Labour Code
after the unpaid leave shall have this unpaid leave included in the duration of work used for
calculation of employee rights.
12. The Council of Ministers shall specify by regulation, the procedure of granting an unpaid
leave and the scope of rights granted to the employee who benefits from such an unpaid leave.
2. An employee shall have the right to be released from work with retained right to the
remuneration for the time required to carry out casual activity resulting from their trade union
function outside the establishment if such an activity cannot be performed during free time.
Article 251. 1. Rights of an establishment trade organization shall be available to an
organization, which has at least 10 members who are:
a) employees or persons who work under a cottage work contract with the employer
where the organization is active or
b) officers referred to in Article 2 item 6 who are on duty in the unit where the
organization is active.
2. The organization referred to in item 1 shall present every quarter by the 10th of the month
following that quarter, the information on the total number of members of the organization
including the number of members referred to in item 1 as valid on the last day of the quarter,
to the employer or unit commander referred to in item 1b.

Article 26. Within its operating scope an establishment trade union organization shall have
the right, in particular to:
a) adopt a position on the individual employee matters within the scope regulated by the
provisions of the labour law,
b) adopt a position towards the employer and workers’ self-government authority on
matters regarding collective rights and interests of the employees,
c) maintain control over observance of provisions of the labour law within the
establishment in particular safety and health rules and regulations,
d) manage activities of the social labour inspection and cooperate with the state labour
inspection,
e) take care of living conditions of the pensioners and disability pensioners.
Article 261. 1. If the employing establishment or a part thereof is transferred to a new
employer, the existing and new employer shall notify in writing each operational trade
organization in those employing establishments of the expected date of the transfer, the
reasons, legal, economic, and social effects of the transfer for the employees as well as the
intended actions regarding working conditions of the employees, in particular working,
remuneration, and re-qualification conditions.
2. The information referred to in item 1 shall be provided by the existing and new employer at
least 30 days before the expected date of the transfer of the establishment or a part thereof.
3. If the existing or new employer intends to undertake actions affecting employment
conditions, he shall start negotiations with establishment trade union organizations in order to
conclude an agreement in this scope within no longer than 30 days of the day the information
on such actions is provided.
4. If the agreement is not concluded within the period referred to in item 3 following inability
of the parties to agree on the contents of the agreement, the employer shall undertake actions
regarding matters which relate to employment conditions considering the arrangements made
with establishment trade union organizations during negotiations on the agreement.
5. Provisions of item 3 and 4 shall not apply if separate provisions specify the procedure of
actions regarding employment conditions to be undertaken by the employer.
Article 27. 1. The methods of using establishment social benefits fund including allocation of
resources from this found for particular purposes and types of activities shall be fixed by the
employer in the regulations agreed with the establishment trade union organization.
2. The employees are granted benefits from the fund referred to in item 1 in agreement with
the establishment trade union organization.
3. Regulations regarding rewards and bonuses shall be fixed and amended in agreement with
the establishment trade union organization; this shall also apply to the rules of allocation
funds for remuneration for employees of a state budgetary units.
Article 28. The employer shall provide information necessary for carrying on trade union
activities on request of the trade union, in particular information pertaining to working
conditions and rules of remuneration.
Article 29. 1. If there are justified reasons to believe that there is threat to health or life of the
employees in the establishment, the trade union organization may apply to the employer to
conduct necessary examination while informing the competent regional labour inspector
thereof. The employer shall within 14 days of receiving the request, to communicate his
position to the trade union organization. If the examination is carried out, the employer shall
provide the examination results to the trade union organization along with the information on
the method and deadline of threat removal.
2. Notification to the establishment trade union organization of the rejection of the request
referred to in item 1 or employer’s failure to response to the request within 14 days of the
request being submitted shall entitle the establishment trade union organization to carry out
necessary examination at the cost of the employer. The trade union organization shall inform
the employer in writing of its intention to carry out the examination, its scope, and estimated
costs at least 14 days in advance.
3. Within 7 days of receiving the information referred to in item 2 the employer may apply to
the competent regional labour inspector for ascertaining the advisability of the examination or
necessary scope thereof. Performance of the examination against the recommendation of the
labour inspector shall release the employer from the obligation to cover the costs of such
examination.
Article 30. 1. If there is more than one trade union organization operating in the
establishment, each of them shall protect rights and represent the interests of its members.
2. An employee who is not a trade union member shall have the right to protect their rights
under the same rules applicable to trade union members if the trade union organization
selected by that employee agrees to protect his employee rights.
21. In individual cases under the labour relationship where the provisions of the labour law
obligate the employer to cooperate with the establishment trade union organization, the
employer shall apply to that organization for the information about employees covered by
such protection pursuant to the provisions of items 1 and 2. Failure to provide such
information within 5 days shall release the employer from the obligation to cooperate with the
company trade organization on employee affairs.
3. In matters regarding collective rights and interests of the employees, the trade union
organizations may set up a joint union representation.
4. In matters, requireing arrangements or agreement of the position with the trade union
organizations, the organizations shall present their joint position. The method of negotiating
and presenting the position by the joint union representation appointed for each case shall be
specified in the agreement concluded by the trade union organizations.
5. If the trade union organizations or trade union organizations representative as defined in
Article 241 25a of the Labour Code fail to present their agreed position within 30 days
regarding definition of the rules relating to remunerations, social benefits fund, annual leave
schedule or workplace regulations and settlement periods referred to in Article 129§ 11 and
1294§ 2 sentence two and § 3 of the Labour Code, decisions on such matters shall be taken by
the employer upon considering separate positions of the trade union organizations.
6. Repealed.
Article 31. 1. The right to be released from the obligation of performing work for the term of
office in the board of the establishment trade union organization shall be granted to:
a) in part, one employee in a monthly number of hours equal to the number of members
employed in the establishment if their number is below 150,
b) one employee if the trade union is from 150 to 500 members employed in the
establishment,
c) two employees if the trade union is from 501 to 1000 members employed in the
establishment,
d) three employees if the trade union is from 1001 to 2000 members employed in the
establishment,
e) one more employee for each new thousand if the establishment trade union
organization has more than 2000 members employed in the establishment,
f) in part time, may be granted to a greater number of employees subject to the rules
stated in the preceding items.
2. Depending on the request of the board of the establishment trade union organization, the
release from performing work referred to in item 1 shall be granted with or without the right
to remuneration. The Council of Ministers shall specify, by regulation, the procedure of
releasing from performing work and the scope of rights assigned to the employee during the
release from performing work.
3. An employee shall have the right to be released from work with retained right to
remuneration for the time required to perform a casual activity resulting from their union
function if such an activity cannot be performed during free time.
Article 32. 1. Without a consent of the board of the establishment trade union organization,
the employer cannot:
a) terminate the employment relationship either with or without notice with a member of
the board of the establishment trade union organization referred by name in the board
resolution or other employee who is a member of the establishment trade union
organization entitled to represent the organization before the employer or the authority
or a person who performs activities in the area of the labour law on behalf of the
employer,
b) unilaterally change working or pay conditions to the detriment of the employee
referred to in item a
- unless separate regulations provide so.
2. The protection provided for in item 1 shall be available for the period specified in the
resolution of the board and after that period for an additional period corresponding to half of
the period specified by the resolution, however, not longer than one year after that period.
3. The board of the establishment trade union organization representative as defined in Article
24125a of the Labour Code shall present to the employer names of employees who are covered
by the protection provided for by item 1 at the number not greater than the management staff
in the establishment or the number of employees fixed pursuant to item 4.
4. The board of the trade union organization referred to in item 3 which has no more than 20
members shall have the right to select 2 employees covered by the protection provided by
item 1, and if the union has more than 20 members who are the employees, the union shall
have the right to select 2 employees as covered by the protection plus:
a) one employee per each started 10 members of the organization who are employees of
the establishment, in the range from 21 to 50 members,
b) one employee per each started 20 members of the organization who are employees of
the establishment, in the range from 51 to 150 members,
c) one employee per each started 30 members of the organization who are employees of
the establishment, in the range from 151 to 300 members,
d) one employee per each started 40 members of the organization who are employees of
the establishment, in the range from 301 to 500 members,
e) one employee per each started 50 members of the organization who are employees of
the establishment, in the range above 500 members.
5. Management staff of the establishment referred to in item 3 shall be the persons who run
the establishment and their deputies or persons who are members of the body which manages
the establishment and other persons appointed to perform activities in the area of the labour
law on behalf of the employer.
6. The protection provided for in item 1, in a establishment trade union organization other
than listed in item 3 and 4, shall be granted to one employee presented by name in the
resolution the board of the trade union organization.
7. The protection provided by item 1 shall be granted to not more than three employees listed
by name in the resolution of the founding committee, for six months of the day the founding
committee is established.
8. If the competent authority did not present the list of employees as it is provided in items 3,
4, 6 or 7, the protection provided for by item 1 shall be granted to the chairman of the
company trade union organization or to the chairman of the founding committee, by the time
the presentation is made.
9. The protection provided for in item 1 shall be granted to an employee who holds a function
by election in trade union outside the establishment, who benefit from the unpaid leave or the
release from performing work. The protection shall be granted for a period of leave or release
and for one year after that period. The consent referred to in item 1 shall be granted by the
statutory competent authority of the trade union organization in which the employee holds or
held the function.
10. The minister competent for the labour issues shall specify, by regulation, principles and
procedure of:
a) informing the board of the establishment trade union organization by the employer of
the number of persons who are the management staff in the establishment referred to
in item 5,
b) presentation by the board and the founding committee of the establishment union
organization the employees covered by the protection provided by item 1 as well as
introduction of changes to the presentation.
Article 33. 1. The employer, under the conditions laid down in the agreement, shall be
obliged to make available to a trade union organisation at the enterprise level the premises and
technical facilities necessary for trade union activity in the working establishment.
2. The trade union organisation at the enterprise level and the employer shall have the right to
lodge with a court a claim resulting from non-compliance with an agreement, referred to in
paragraph 1.
3. If the terms of making available to the trade union organisation the premises and technical
facilities are laid down in the collective labour agreement, the right to lodge a claim, referred
to in paragraph 2, shall be exercised by the employer or each of trade union organisations
concerned.
4. To proceedings in matters, referred to in paragraphs 2 and 3, there shall be respectively
applied the provisions of the Code of Civil Proceedings concerning proceedings in the field of
the labour law."
Article 331. 1. Upon the written request of the establishment trade union organization and
based on the written consent of the employee, the employer shall collect a trade union
contribution from the employee’s remuneration at the amount declared by the employee.
2. The employer shall immediately transfer collected contribution on the bank account pointed
by the trade union organization.
Article 34. 1. Provisions of art. 251- 331 shall apply to the inter-establishment trade union
organisation, whose range of activities cover the employer, subject to item 2 and articles 341
and 342 .
2. When fixing a number of members, referred to in art. 251 paragraph 1, as well as the right
to be released from an obligation of work, referred to in art. 31 paragraph 1, there shall be
taken into consideration a number of members of inter-enterprise trade union organisation
employed with all employers covered by the activity of this organisation.
Article 341 . 1. Employers covered by the activity of inter-establishment trade union
organization shall bear the costs including costs of remunerations and social insurance
premiums, related to employment of an employee released:
a) from the obligation of performing work during the term of office in the board of the
inter-establishment trade union organization, pursuant to art. 31 item 1 in connection
with art. 34 item 2,
b) from work with retaining the right to remuneration, pursuant to art. 31 item 3,
proportionally to the number of members of this organization employed by the employer in a
total number of members employed by all employers covered by the activity of this
organization, converted to full time employment.
2. The board of the inter-establishment trade union organization shall present the employer,
who releases the employee or employees from the obligation to work or from work with
retained the right to remuneration, information about the number of members of this
organization employed with all employers covered by the activity of this organization as well
as by each of such employers – converted to full time employment – as on the last day of the
month.
3. The board of the inter-establishment trade union organization presents information referred
to in item 2 by the tenth day of the month following the month in which the employee or
employees were released.
4. The method and procedure of bearing the costs referred to in item 1, are determined by
each employer releases an employee or employees from the obligation of performing work or
from work with retaining the right to remuneration, in the scope referring to the costs related
to employment of such an employee or employees.
Article 342. 1. The board of the inter-establishment trade union organization, which at least
in one establishment covered by its activity, affiliates the number of employees required to
obtain the status of representative organization as defined by art. 24125a of the Labour Code
may indicate employees covered by the protection provided for by art. 32 item 1:
a) at the number set pursuant to art. 32 item 3 or 4 or
b) at the number set pursuant to art. 32 item 3 or 4 in one establishment selected by the
union organization from amongst the establishments in which the organisation is
operational, in which the organisation has members at the number required to obtain
the status of representative union as defined by art. 24125a of the Labour Code plus
the number of the remaining establishments in which the organization is operational
and where at least 10 employees are members of the organization.
2. If the inter-establishment trade union organization does not have sufficient number of the
members required to obtain the status of a representative union as defined by art. 24125a of the
Labour Code, the number of employees covered by the protection provided for by art. 32 item
1 cannot be higher than the number of establishments in which the organization is operational
and which employ at least 10 employees who are members of that organization.

Article 35. 1. Any person who in connection with their position or function held:
a) prevents legitimate founding of a trade union organization,
b) prevents performance of trade union activities pursued according to the provisions of
the Act,
c) discriminates the employee because of their membership in the trade union, nonmembership
in the trade union, or holding a trade union function,
d) fails to perform obligations under articles 261 , 331 , and 341
- shall be liable to a fine or a restriction of liberty.
2. The same penalty shall be applicable to the person who runs activities contrary to the
provisions of the Act in the course of the trade union function held.
3. Liability for leading an illegal strike shall be specified in the Act on Solving Collective
Disputes.
Article 36. 1. If the registry court finds out that the trade union authority pursues activities
which are in contradiction to the Act, the court shall set a period of at least 14 days to adjust
the activities of that authority to the governing law. The proceedings shall be instituted upon
the motion of the competent voivodship prosecutor.
2. If the period of time specified in item 1 passes ineffectively, the registry court may:
a) impose a fine on individual members of the trade union authority at the amount
specified in Article 163§ 1 of the Civil Proceedings Code.
b) set a new date for elections to the trade union authorities referred to in item 1 under
the pain of suspending activities of that authority.
3. If the means specified in item 2 prove to be ineffective, the registry court, upon the motion
of the Minister of Justice, shall pass a decision to cross the trade union out the register. This
decision may be appealed against.
4. Provisions of article 18 shall apply to matters referred to in items 1 to 3.
5. The trade union crossed out of the register by the valid decision of the court as provided for
by item 3 shall cease its activities immediately and perform liquidation of the union within no
more than three months of the day the decision becomes valid, in the way provided for by its
statute.

 

Article 37. Disputes between trade unions and employers and their organisations regarding
employee interests shall be solved under the rules specified in a separate act.
Article 38. Rules of the Act pertaining to the trade unions shall apply accordingly to the trade
union organizations referred to in art. 11 items 1 and 2 except the provisions of art.12 item 1
in the part referring to the number of union founders and in part referring to union members
except the provisions of art.17 item 1 point 3.
Article 39. 1. Employee assistance and loan funds may be established in establishments.
Members of the fund may include employees, pensioners, and disability pensioners regardless
of their trade union membership. Social supervision over the funds shall be maintained by the
trade unions.
2. Repealed.
3. Repealed
4. Repealed.
5. The Council of Ministers shall specify, by regulation, detailed rules of founding and
operation of funds referred to in item 1 and obligations of the establishments in this scope.

Articles 40 to 45 omitted
Article 46. Registration of the trade union organizations made before this Act becomes valid
shall retain legal effect.
Article 48. 1. The Act of 8 October 1982 on Trade Unions shall become void (Dziennik
Ustaw 1985, No 54 item 277, 1988 No. 11 item 84, 1989 No. 20 item 105, and 1990 No. 30
item 179).
2. By the time the ordinance of the Council of Ministers referred to in Article 39 item 5 of this
Act is passes, the rules passed under Article 58 of the Act referred to in item 1 shall remain in
force.
Article 49. This Act shall come into force 30 days from the day of promulgation.