The State Labour Inspectorate is leading control in an illegal TK

Inspectors from the State Labour Inspection shall carry out checks at the illegal Constitutional Court (TK). During the audit, irregularities relating to the granting of vacation leave to both judges and another servants of the Court are explained. These irregularities afraid the 2014-2015 vacation arrears.

Irregularities in granting vacation holidays in the Constitutional Tribunal are not a fresh phenomenon. In the past there have besides been controversy over unused vacation days by members of the TK. For example, the president of the Constitutional Tribunal in 2008-2010, Bohdan Zdańnicki, received an equivalent for 86 unused vacation days of PLN 90,513,28, as did another members of the Court.

The biggest evidence holder in receiving an equivalent for unused vacation days was Prof. Andrzej Rzeplinski, who received an equivalent of over PLN 153 1000 for 114 days of leave.

In the context of the current situation in the Constitutional Tribunal, it should be noted that the inspection actions taken may be aimed at examining the procedures for granting leave and preventing possible irregularities in the future.

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We remind you that the current legal state prohibits the employer from paying the equivalent of a holiday. Prohibition of surrender of the right to leave provided for in Article 152(2) In principle, a individual is obliged to usage his vacation in kind.

The anticipation of payment of the cash equivalent for unused leave is regulated in Article 171(1) of the Labour Code.

To be paid specified a benefit must be two conditions met. The worker must have unused leave and the contract between him and the employer must be terminated. Payment of the leave equivalent is the work of each employer.

It is paid upon termination or termination of the employment relationship, on the date of cessation of the employment relationship, i.e. the date of the final existence of the employment contract. If the employer fails to pay this sum, the worker may claim his claims before the court for 3 years from that date.

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Daniel Głogowski

Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: kontakt@legaartis.pl