Legislator Case Law & Legislation
I PK 208/07 AI generated

Supreme Court quashes travel expense award, ruling business trip requires employer's explicit instruction and specific task execution.

Case Number I PK 208/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's award of business travel expenses to an employee who worked in Kaliningrad. The employee had agreed to the relocation, but the employer did not issue a formal instruction or assign a specific task for the trip. The court held that all three statutory elements of a business trip must coexist, and the lack of explicit instruction meant the travel did not qualify. Consequently, the case was remanded for a new decision on the costs.

Legislator headnote

AI generated

Art. 108 § 2 k.p.c.; Art. 398 § 1 k.p.c.: A business trip requires the simultaneous presence of travel outside the workplace, an employer's instruction, and the execution of a specific employer-assigned task; absence of any element precludes the classification of travel as business-related.

Keywords

AI generated
business trip definition employer instruction requirement travel expense award labor law standards remand for retrial

Cited Legislation

AI generated
Art. 108 § 2 k.p.c.
Art. 398 § 1 k.p.c.
Art. 398 § 21 k.p.c.
art. 775 k.p
art. 29 § 4 k.p
art. 246 k.p.c
art. 72 § 2 k.c
art. 227 k.p.c
art. 241 k.p.c
art. 233 k.p.c

Cited Case Law

AI generated

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