Night-out allowances for drivers

According to the current interpretation of the labour law, drivers in the cross border transport were entitled to receive night-out allowances for each accomodation during their business trips, even if they were able to have a free accommodation in an adjusted vehicle cabin.

In the one of the recent judgements the Constitutional Tribunal, in case no. K 11/15 of 24th of November 2016, challenged the constitutionality of the provisions related to costs of accomodation in the international transport. The driver will not be able to bring an action for the payment of night-out allowances successfully based on the article 21a of the law on the working time of drivers. The Constitutional Tribunal also noted that issues of the payment for the business travels should be regulated from stratch for this group of workers, taking into account the specifics of their work.

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