Projekt stanowiska Sejmu w sprawie o sygn. akt P 9/14

• Authors: Szymon Pawłowski

Title variants

EN

Sejm draft position on the case before the Constitutional Tribunal, ref. No. P 9/14

Abstracts

EN

In this position the Polish Sejm declares Article 26, para. 1 of the Act on Fire Protection to be consistent with the constitutional principle of social justice laid down in Article 2 and Article 32 para. 1 of the Constitution. In support of this argument, it was considered that a volunteer firefighter who, in connection with participation in the rescue operations or exercises, has suffered bodily injury and became temporarily unable to work, is entitled to sickness benefit equal to 80% of the base amount, and not – like members of professional firefighting units – up to 100% of the base amount of sickness benefit for an accident at work. Members of VFBs do not practice the profession of firefighter and, therefore, are not entitled to the accident insurance that guarantees 100% reimbursement of lost earnings in the event of an accident at work. In the author’s view, Article 32 para. 3 subpara. 2 of the Act on Fire Protection provides that the municipality is obliged to insure members of the volunteer fire department, therefore on a normative level their insurance is considered as sufficient.

Keywords

EN

municipality; fire brigade; Constitutional Tribunal; sickness benefit

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Zeszyty Prawnicze BAS
• Year: 2015
• Issue: 1(45)
• Pages: 221-245

Dates

published

2015

Contributors

author

Szymon Pawłowski

• Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie

Identifiers

Biblioteka Nauki

2223429