Dieting drivers

Claims for the payment of additional remuneration components for drivers traveling on international trips (diets, lump sums) are a frequent subject of litigation between the employee and the employer. These issues have always been the subject of a lot of controversy (in particular as regards the possibility of requesting a lump sum payment in a situation in which a place in the vehicle cabin was provided) in the light of national and international (including EU) regulations. In order to unify the interpretation and remove any doubts, these issues will be examined in the near future by the Court of Justice of the European Union and by the Polish Constitutional Court. The judgments issued by each of them may have a significant impact on the dispute party’s situation regarding the payment of allowances and lump sums – common courts conducting these cases often decide to suspend proceedings while awaiting a binding settlement. At the current stage, filing a lawsuit for payment of overdue amounts due to per diems and lump sums may therefore be risky, but on the other hand – legal uncertainty does not stop the running of the limitation period. We advise you to ask the court to file an amicable settlement against the employer, who may default on payments – in this way, at a relatively low cost, we can secure our claims for an additional three years.