Opinia prawna na temat prawa do uposażenia poselskiego
Legal opinion on the right to a D eputy’s salary. Clarification of the following questions about a Deputy’s salary
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The opinion assumes that the Act on the Exercise of the Mandate of a Deputy or Senator does not regulate directly the issues examined in this analysis. At the same time it states, based on Article 27 of the Act, that the issue of waiver of a Deputy’s salary is governed by the provisions of the Labour Code. However, an analysis of those provisions leads to different conclusions. The provision of Article 84 of the Labour Code, which provides that employees may not renounce their right top remuneration nor transfer such right to another person, does not apply to Deputies’ salaries. When on leave granted by the Marshal of the Sejm for important reasons, the Deputy does not violate his/her duties as a representative. Lack of evidence of violation of the obligations of Members, required for deprivation of the right to a Deputy’s salary and the lack of provision depriving a Deputy of such right are the arguments for recognition of such right of a Deputy when on leave.
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