Temporary work; the jurisdiction ratione loci of a labour court P 121/15
Ref. No. <link s p-12115 _blank>P 121/15
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 22 March 2017
The Constitutional Tribunal, in a bench composed of:
Leon Kieres – Presiding Judge
Grzegorz Jędrejek
Piotr Pszczółkowski
Michał Warciński
Sławomira Wronkowska-Jaśkiewicz – Judge Rapporteur
having considered, at a sitting in camera on 22 March 2017 – 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) – joined questions of law, referred by the District Court in Gliwice:
as to whether Article 24 of the Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws – Dz. U. No. 166, item 1608, as amended) – insofar as the provision makes it impossible to bring an action before a court within whose district of jurisdiction certain work is being performed, was performed or was planned to be performed – is consistent with Article 32(1) in conjunction with Article 45(1) of the Constitution,
adjudicates as follows:
Article 24 of the Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws – Dz. U. of 2016, item 360) – insofar as the provision makes it impossible to bring an action before a court within whose district of jurisdiction certain work is being performed, was performed or was planned to be performed – is inconsistent with Article 32(1) in conjunction with Article 45(1) of the Constitutional of the Republic of Poland.
The ruling was unanimous.
Leon Kieres
Grzegorz Jędrejek
Piotr Pszczółkowski
Michał Warciński
Sławomira Wronkowska-Jaśkiewicz