REMARKS ON TRADE UNIONS’ ENTITLEMENTS IN THE FIELD OF COUNTERACTING BULLYING (MOBBING) AT WORK
In Poland the obligation to counteract bullying (mobbing) is imposed on employers by Article 943 of the Labour Code. The method of fulfilling this obligation is not indicated. The regulation is limited to precising the employer’s liability. Also the Act on Trade Unions does not deal with the trade unions’ competences in the field of bullying (mobbing). Yet, it proclaims the protection of dignity and moral interests of persons performing work, both individual and collective ones, as one of the tasks of trade unions. Thus, it is sometimes suggested that trade union’s representatives should take active part in activities and possible bodies aiming to counteract bullying (mobbing). However, admitting a trade union’s representative to employer’s activities aiming to counteract bullying might lead to infringement of the negative freedom of trade unions, personal rights and data of those people involved who are not trade union’s members.