ABSTRACT

Retrospectively benefiting of unorganized (non-union) workers from collective labor agreement by paying solidarity dues is one of the most important problems of labor law. This is because it concerns an area where the freedom to organize (collectively) and the freedom not to join a union intersect. The Constitutional Court decided on December 30, 2020 about the protection of the freedom not to join a union. However it does not seem possible to expect that this decision will eliminate the disagreements regarding the problem of retrospectively benefiting of unorganized (non-union) workers. This article reveals my thoughts on this important decision of the Constitutional Court.