Supreme Court quashes travel expense award, ruling business trip requires employer's explicit instruction and specific task execution.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe 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.
Regeste Legislator
Généré par l'IAArt. 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.