Note: translated from Polish!
In its latest ruling, the Supreme Administrative Court confirmed the direction of interpretation of the provisions on the cash equivalent for unused annual leave and additional leave to which police officers are entitled, pointing to the need to take into account the constitutional standards resulting from the judgment of the Constitutional Tribunal of 30 October 2018 (ref. no. K 7/15).
The case concerned an officer dismissed from service before 6 November 2018, to whom the Police authorities refused to pay the equivalent, applying a coefficient of 1/30 of the monthly salary that was unfavourable to the officer. Both the District Commander and the Provincial Police Commander maintained this position, referring to the provisions of the Act of 14 August 2020 on special solutions for the support of uniformed services. However, the Provincial Administrative Court in Szczecin found that the authorities had misinterpreted Article 115a of the Police Act in conjunction with Article 9(1) of the above-mentioned Act, which led to a violation of the constitutional principles of protection of the right to paid annual leave.
The Supreme Administrative Court, dismissing the cassation appeal of the Provincial Police Commander, confirmed that after the 2018 judgment of the Constitutional Tribunal, it is not permissible to continue using the unconstitutional 1/30 ratio. In accordance with Article 190(4) of the Constitution of the Republic of Poland, the decisions of the Tribunal have universally binding force and affect the legal position of individuals, also with regard to the facts prior to the promulgation of the judgment, in particular if they are inconsistent with the Constitution. Consequently, the equivalent for unused leave – also for the period prior to 6 November 2018 – should be calculated in accordance with the equivalence rules set out by the Tribunal, i.e. in the amount corresponding to the remuneration for one working day, i.e. using a coefficient of 1/21 of the part of the monthly remuneration.
The SAC pointed out that the wording used in Article 9(1) of the Act on Special Solutions „the principle of determining the equivalent” does not mean a return to the unconstitutional conversion rate, but requires the application of the rules for calculating the benefit in accordance with the Constitution and the case-law of the Tribunal. Public administration bodies are obliged to interpret the provisions in a way that ensures the implementation of the constitutional rights of civil servants.
In practice, this means that police officers who were paid an understated equivalent for unused leave before 6 November 2018 may claim compensation based on a coefficient of 1/21. The difference between the amount due and the amount paid should be reimbursed on the basis of the new interpretation adopted by the administrative courts.
In conclusion, it should be emphasized that the Supreme Administrative Court clearly indicated the obligation to ensure the real equivalence of the monetary benefit in relation to the right to leave, protected by the Constitution of the Republic of Poland. This means that the Police authorities must uniformly apply the 1/21 ratio also to former officers whose cases concern periods prior to the publication of the Tribunal’s judgment.