Pecuniary compensation for unused holiday time; rules for calculating the amount of the compensation K 7/15
Ref. No. <link s k-715 _blank>K 7/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 30 October 2018
The Constitutional Tribunal, composed of:
Sławomira Wronkowska-Jaśkiewicz – Presiding Judge
Zbigniew Jędrzejewski
Julia Przyłębska
Stanisław Rymar – Judge Rapporteur
Andrzej Zielonacki,
having considered, at a sitting in camera on 30 October 2018 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072) – an application in which the Management Board of the Independent Self-Governing Police Trade Union requested the Tribunal to consider the conformity of:
Article 115a of the Police Act of 6 April 1990 (Journal of Laws – Dz. U. of 2011 No. 287, item 1687, with subsequent amendments) as amended by the Act of 27 July 2001 amending the Police Act, the Act on Insurance Activity, the Banking Act, the Act on Poviat Self-Government as well as the Introductory Provisions to Parliamentary Acts Reforming Public Administration (Journal of Laws – Dz. U. No. 100, item 1084) to:
– Article 64(2) in conjunction with Article 32(1) and Article 31(3) of the Constitution;
– Article 66(2) in conjunction with Article 31(3) of the Constitution;
adjudicates as follows:
Article 115a of the Police Act of 6 April 1990 (Journal of Laws – Dz. U. of 2017 item 2067 as well as of 2018 items 106, 138, 416, 650, 730, 1039, 1544 and 1669) – insofar as it determines the amount of pecuniary compensation for 1 day of unused holiday time or extra holiday time in the amount of 1/30 of monthly remuneration – is inconsistent with Article 66(2) in conjunction with Article 31(3), second sentence, of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(3) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Sławomira Wronkowska-Jaśkiewicz
Zbigniew Jędrzejewski
Julia Przyłębska
Stanisław Rymar
Andrzej Zielonacki