18 July 2024

Draft amendments to the Trade Union Act - access to the workplace

The Ministry of Family, Labour and Social Policy is working on an amendment to legislation on collective labour law. The draft law on collective labour agreements and collective accords (whose most important assumptions - with regard to collective labour agreements we have already addressed in a previous flash)  also contains a proposal for a significant amendment to the Trade Union Act.

According to the draft:

  • an employer must provide access to the workplace or other place designated by the employer for work to persons not employed by the employer but who are representatives of:
    • a company trade union which covers that employer
    • a trade union whose members are persons performing paid work for that employer
  • persons using granted access must comply with the employer's regulations and should not impede proper performance of work
  • failure to provide access to authorised persons will be punishable by a fine or restriction of liberty.

As a general rule, under the current state of the law trade union representatives cannot enter a workplace if not employed there. 

The draft is in the consultation phase, so it is worth following further legislative work.

Text of the draft

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