II PK 210/08
AI generated
Travel for specific work under agreement is not business travel unless employer mandates tasks during the trip.
Legislator summary
AI generatedThe Supreme Court partially set aside the appellate court's ruling regarding business travel allowances for a driver delegated to work in Denmark. The plaintiff argued that travel to Denmark was business travel, while the employer contended it was merely travel for specific work under an agreement. The court held that such travel is not business travel unless the employee performs employer-mandated tasks during the journey.
Legislator headnote
AI generatedArt. 775 § 1 k.p.; Travel undertaken by an employee for the purpose of performing specific work based on an agreement with the employer is not business travel under Art. 775 § 1 k.p., unless the employee performs employer-mandated tasks during the trip.
Keywords
AI generated
business travel definition
employee delegation
employer mandate
travel allowance
specific work agreement
Cited Legislation
AI generatedArt. 775 § 1 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 775 § 1 k.p
art. 55 § 11 k.p
art.774 pkt 2 k.p
art. 29 § 1 k.p
art. 316 § 1 k.p.c
art. 328 § 2 k.p.c
art. 3983 § 1 pkt 2 k.p.c
Cited Case Law
AI generatedII PK 165/06 (OSNP 2008 nr 7-8, poz. 97)
II PK 165/06
Court dismissed appeal; voluntary agreement trip is not business travel under Art. 775 § 1 k.p.