Supreme Court ruled teachers in psychological counseling centers lost the difficult conditions allowance after April 1993 due to a specific ministerial regulation.
Legislator summary
AI generatedThe Supreme Court dismissed the claim for a difficult working conditions allowance for teachers employed in psychological counseling centers effective from April 1, 1993. The lower court argued that the allowance applied based on the Teacher's Card, but the Supreme Court found that a subsequent ministerial regulation explicitly excluded these specific teachers from the group entitled to the benefit. The court held that payment of state-funded benefits requires a clear legal basis, and since the regulation did not list these teachers, the right to the allowance was extinguished.
Legislator headnote
AI generatedArt. 34 ust. 1 Karty Nauczyciela; § 16 ust. 1 pkt 9 zarządzenia Ministra Edukacji Narodowej z dnia 21 lipca 1989 r.: The exclusion of teachers in psychological counseling centers from the difficult working conditions allowance by a specific ministerial regulation constitutes a clear legal basis, thereby terminating the entitlement to the state-funded benefit.