Martin Štefko, Ján Matejka

Are Labour Law regulations on Collective Bargaining Comprehensive or Not?

Jurisprudence 3/2014 Section: Articles Page: 3-8

Keywords: collective bargaining, collective agreement, trade unions

Abstract: The article is devoted to the question regarding the level of complexity of the labor law rules for the process of collective agreements bargaining in the sense of assessing the existence of efficient and comprehensive regulation of all the necessary aspects related to these relationships. The main reason for this reflection is the current recodification of the private law that reopens the previously partly addressed question pertaining to the level of independence of labor law codification. In foreign legislations it is possible to find various notions of the relationship between a general civil code and specific (labor law) legislation. The authors conclude that it is necessary to reject the theory about the existence of a complex and closed regulation of the collective bargaining process that might be found for instance in the Polish doctrine and case law. No matter how exhaustive a particular regulation of a partial question in labor law may seem, even in these cases subsidiary application of general principles of civil law may not be ruled out.