Western Association of Road CarriersWestern Association of Road Carriers
judgment 24 November 2016 r. The Constitutional Court held, that the legal norm resulting in connection regulations two laws: of the working time of drivers and the Labor Code and Regulation of the Minister of Labor and Social Policy 29.01.2013 r. on the payments due to an employee of a business trip in relation to drivers engaged in international transport, is contrary to Article. 2 the Constitution.
ZMPD commissioned a legal analysis to examine the effects of the judgment of the Constitutional Courts and its possible consequences for the transport sector in Poland. With opinion presented the following conclusions:
1. The employer is not obliged to provide accommodation, compensate for its costs and the payment of a lump sum, if the driver is in a foreign business trip.
2. Constitutional Court's judgment does not affect the normal rules governing the payment of allowances to drivers of a business trip;
3. Constitutional Court's judgment does not affect the taxation and oskładkowanie diets and other benefits received for missions.
4. Constitutional Court's judgment does not refer to a driver who is traveling in the national.
Given differences in the assessment of the legal consequences, posed by the Constitutional Court's judgment and whereas, that so far the Ministry of Infrastructure and Construction did not take a firm position on this matter, although it has taken such a commitment, ZMPD recommends occurrence in writing to the competent tax authorities for individual interpretation.
Western Association of Road Carriers, It reminds of the possibility to lodge applications for the resumption of proceedings by the courts in the case of lump sums for accommodation Employee.
Constitutional Court's judgment of 24 November 2016 r. Ref. akt K 11/15 for approval to be inconsistent with Articles. 2 Polish Constitution Article. 21and the Act 16 April 2004 r. working time of drivers (j.t. Dz.U.2012.1155, with amendments.) in conjunction with. 775 § 2, 3 i 5 Act of 26 June 1974 r. - Labour Code (j.t. Dz.U.2016.1666, with amendments.) in conjunction with § 16 paragraph. 1, 2 i 4 Regulation of the Minister of Labour and Social Policy 29 January 2013 r. and Article. 21and the Act 16 April 2004 r. referred to in point 1 in conjunction with. 775 § 2, 3 i 5 Act of 26 June 1974 r. in conjunction with § 9 paragraph. 1, 2 i 4 Regulation of the Minister of Labour and Social Policy 19 December 2002 r. on the amount and terms of calculation of payments due to an employee of a state or self-government unit budget from a business trip abroad (Dz.U.236.1991, with amendments.) in the field, what it is applicable to drivers engaged in international transport informs, that pursuant to Article. 4011K.p.c. the court proceedings (In this case, the defendant), relative, which gave rise to an adverse court judgment on the basis of the rules declared unconstitutional (tj. in cases of lump sums for accommodation) is entitled to request a retrial on the basis of valid legal provisions excluding those deemed unconstitutional.
Bearing in mind the time to make such a request, ie. within 3 months from the date of entry into force of the Tribunal's judgment Article. (407§2 k.p.c.) accepting, that the judgment of the Constitutional Court shall enter into force on the date of announcement (in this case 29 December 2016.), pay attention to the passage of time remaining to make such a request, ie. until 29 brand 2017 year.
If you have questions related to the subject matter, please contact us by phone 501 745 818.
r.pr. T. Piotrowski