Streszczenie Autorzy koncentrują się na nowelizacji ustawy o związkach zawodowych dokonanej ustawą z 5 lipca 2018 r. o zmianie ustawy o związkach zawodowych oraz niektórych innych ustaw (DzU poz. 1608) i wpływie nowych regulacji na sytuację prawną zatrudnionych niebędących pracownikami w sferze zbiorowego prawa pracy.Słowa kluczowe: pracownik, osoba wykonująca pracę zarobkową, niestandardowi pracownicy, zakres podmiotowy praw zbiorowych. SummaryThe paper focuses on of 5 July 2018 act amending trade unions act of 1991 and other acts and impacts of new regulations on legal position of workers who are not employees in collective labour law field.

The article analyses the reasons for the collapse of collective bargaining in Poland, while formulating proposals to overcome the current difficulties. The Polish labour market with almost 17 million workers is among the largest in Europe. However, only around 15% of workers are covered by the provisions of collective agreements. The most striking feature of the system is the lack of multi-employer collective agreements including sectoral agreements. The crisis has been caused by various legal, structural, social, economic and political factors. The most important problems include the difficulties affecting the position and functioning of the social partners. Paradoxically, there are also some legal solutions which deepen the crisis of collective bargaining. Polish law regulates this phenomenon in a complex and unclear way, leaving limited room for the social partners, and making collective agreements unattractive for employers. Moreover, the strict and rigid requirements concerning trade unions at company level limit negotiations in small and medium-sized enterprises. Legislative intervention seems legally justified to improve the situation. First, it is important to eliminate the regulations that constitute an obstacle to the development of collective bargaining. Second, respecting the social partners’ autonomy, the law should encourage and support negotiations between employers and employee representatives.

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Populism is gaining ground in Central and Eastern Europe (CEE), and Hungary and Poland are the best examples of this trend. The Hungarian Orbán government and conservative Polish coalition led by Kaczyński (PiS), widely considered in the literature as populist, have been in power for some time now, which allows us not only to evaluate their labour law policies, but also the results. Though there are evident similarities between these two countries, such as political motivated layoffs in public employment or significant wage increases, the discrepancies are far more numerous. These differences result from each country’s specific socio-economic conditions and (almost) diametrically opposed political strategies with respect to employment matters. While Viktor Orbán believes in a workfare society, without social allowances and with flexibilized employment protection, in Poland PiS is pushing through a belated welfare revolution with expanded social benefits and employment rights. This article starts by describing populism as it has developed in Hungary and Poland in section 1, and the promises made by Orbán and Kaczyński before coming to power in section 2. Section 3 examines the main pillars of populist labour law policy, such as flexibilization, wages, collective rights, self-employment, social benefits and political motivated layoffs. Finally, we try to explain why and how these seemingly similar populist governments have adopted fundamentally different labour law reforms. labour law reforms, collective rights, flexibilization, Hungary, Poland

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