New regulations and important rulings in labour law: collective agreements, prohibition of unpaid internships and limits on freedom of speech

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“Compulsion” of collective labour agreements – new draft act on collective agreements and collective arrangements

The Ministry of Family, Labour and Social Policy has published the long-awaited draft act on collective labour agreements and collective arrangements. This draft, currently awaiting approval by the Standing Committee of the Council of Ministers (decision of July 24, 2025), is intended to replace the existing Section XI of the Labour Code and comprehensively regulate the issue of collective agreements in the Polish labour law system. One of the most widely discussed proposals is to require employers who have a company trade union organization but are not covered by any collective labour agreement to enter negotiations every two years.

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Negotiation obligation – who does it apply to and what does it involve?

According to the draft regulations, employers with at least 50 employees, where at least one trade union organization operates and who are not covered by a collective bargaining agreement, will be required to negotiate every two years in order to reach such a collective agreement. Negotiations will have to be initiated by either party, but with an obligation to actually conduct them. Failure to take the initiative or inaction will be treated as a violation of the statutory obligation.

However, this obligation to negotiate does not mean that an agreement will automatically be concluded – the parties still remain free to determine the content and finalization of the agreement. Nevertheless, failure to engage in negotiations (e.g., by refusing to talk or avoiding responses) may result in liability for the employer, including a collective dispute.

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Other significant changes – simplification and digitization

The draft law also provides for significant changes in registration procedures and the availability of information on agreements. It is planned to establish a central electronic register of collective labour agreements and collective arrangements, maintained by the minister responsible for labour. This register is to be public and accessible to everyone.

In addition, the formal requirements for concluding agreements are to be simplified – the draft allows for the possibility of concluding an agreement based on a single electronic document signed with a qualified electronic signature, which will significantly shorten the processing time.

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New elements of collective agreement content – AI, stress, equality

An important element of the new act is an open catalogue of issues that may be regulated in collective agreements. Apart from the classic issues of wages and working time, the draft allows for the inclusion in the agreement of, among others, rules for preventing mobbing, occupational stress, and pay inequalities, as well as the impact of digital technologies and artificial intelligence on working conditions. This is a response to the dynamically changing work environment and the increasingly widespread use of new technologies.

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Collective disputes and the role of labour courts

The act also provides significant changes in the procedure for resolving collective disputes. In case of a dispute regarding the legality of refusing to negotiate, or questioning the legitimacy of a strike, the matter will be decided by the labour court. This should reduce the number of cases where disputes are “frozen” due to procedural doubts, while simultaneously ensuring faster protection of the rights of the negotiating parties.

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Conclusions and practical significance

The new draft represents a significant expansion of the role of collective labour agreements in the Polish Law. For the first time, the legislator is introducing a real obligation on the part of employers to engage in social dialogue, which has often been ignored in practice, especially in the private sector. For employers, this means the need to:

• Closely monitor the presence of trade unions within the workplace,
• Prepare to commence negotiations,
• Secure the necessary documentation and organizational procedures related to a potential collective agreement.

From the perspective of trade unions, the draft opens up new opportunities to influence remuneration policy, working conditions, and social dialogue. However, tensions and challenges will be inevitable, both during the initial implementation of the new rules and when resolving disputes over the interpretation of the provisions.

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Prohibition of unpaid internships

On July 23, 2025, the Ministry of Family, Labor, and Social Policy began work on a law prohibiting unpaid internships. As part of these activities, preliminary consultations were organized, attended by representatives of youth, students, and social organizations, as well as public institutions. According to Minister Agnieszka Dziemianowicz-Bąk, people entering the labour market are a group particularly vulnerable to abuse, unfair and unequal treatment. The ministry decided that it was time to put an end to this form of exploitation, and the preparation of the draft law is the first step towards creating a fair system in which every job, even those performed by beginners, will be fairly paid.

According to the announcement, the practice of unpaid internships is widespread throughout Europe. At the European Union level, work is underway on a directive prohibiting this form of employment. Under the Polish presidency of the EU Council, an agreement was reached and recommendations concerning this directive were adopted. The minister emphasized that the new regulations are intended not only to eliminate unpaid internships, but also to increase their attractiveness and accessibility not only for young people, but also for the unemployed and those changing careers. They will provide interns with real protection and fair compensation for their work, and internships will remain an important tool for professional activation and gaining experience – but only in a form that is consistent with paid employment.

During a press conference in Wrocław, Minister Dziemianowicz-Bąk highlighted that the goal is not only to provide jobs for young people, but above all to provide good-quality jobs, rather than those that meet the criteria of so-called “shitty jobs.” She warned that practices which are formally internships but in reality, correspond to full-time work without pay are unacceptable.

Employer organizations and trade union representatives also participated in the consultation meeting. OPZZ pointed to the need to tighten regulations, develop minimum wage standards (at least at the level of the minimum wage) and require a formal internship agreement. However, representatives of employers, including small and medium-sized enterprises, warned that not all of them would be able to offer fully paid internships, which could limit the availability of such positions.
The ministry announced that it would lead the legislative process in dialogue with social partners. The draft law is expected to be included in the legislative list in the coming weeks.

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Important ruling on the limits of employee freedom of speech – a signal for employers

Recently, the District Court for Warsaw Śródmieście (case no. VIII P 699/23, non-final judgment) confirmed that public statements made by an employee that are exclusionary towards protected groups may justify termination of the employment contract, even if they result from the employee’s worldview.

The case concerned an employee who, while on sick leave, responded to the company’s invitation to participate in the Equality Parade by sending an email to the team expressing clear opposition to the LGBTQ+ community and criticizing the employer for promoting these values. Despite his superiors’ ban, he continued the email controversy, which was considered disruptive to the team and inconsistent with the company’s values. In addition, he used company equipment while on sick leave. As a result, the employer terminated his contract, indicating a failure to comply with work instructions, a violation of the rules of social coexistence, actions contrary to internal regulations, and a risk of damaging the company’s reputation.

The employee filed a lawsuit for reinstatement and compensation, claiming that he had been discriminated against because of his beliefs. However, the court rejected this argument, noting that participation in the Equality Parade was a voluntary initiative of the employees and that the employer did not require ideological commitment. Furthermore, the employee had never previously raised any objections to other actions of the employer.

The decisive factor was the content of an email in which opposition to the LGBTQ+ community was considered exclusionary and likely to cause negative emotions among recipients. Although no profanity was used, the message violated the rules of acceptable communication in the workplace and affected the atmosphere within the team. The court also noted the employee’s negative comments on LinkedIn, where he criticized Global Women’s Entrepreneurship Day, describing the event as “feminist propaganda” and attributing negative characteristics to women, which could have damaged the company’s reputation.

It was pointed out that the employer had shown patience, repeatedly asking the employee to end the discussion, but the employee ignored the requests and orders, presenting a confrontational attitude. It was also noted that the employee was familiar with the company’s code of conduct, which his behaviour clearly did not respect. As a result, the court found that the contract termination was justified based on the employee’s specific actions rather than his beliefs, and therefore there were no grounds for reinstatement or compensation.

The ruling has practical significance, indicating that employers must respond to behaviour that violates the dignity of others and is contrary to the company’s values. Even if statements fall within the limits of freedom of speech, they may be questioned if they are exclusionary or destabilize the team. Therefore, it is crucial to implement clear regulations, diversity policies, and open communication that protect both employees and the employer’s interests and image.

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Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

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