Problemy Transportu i Logistyki

The paper deals with the issue of influence of the Constitutional Tribunal’s judgement of 24th November 2016 on the legal status regarding the entitlement of the drivers in international transport to reimburse- ment of the costs of lodging during the business trip. In this decision The Constitutional Tribunal declared unconstitutional the provision granting these employees dues for the purpose of covering expenses related to the business trip on the same terms as other employees. Therefore, it is necessary to determine whether the drivers are currently entitled to any dues regarding the lodging costs on the basis of the general rules. In the author’s opinion there is no legal basis to apply the general rules of the Labour Code to drivers in international transport, even though the Polish act of the working time of the drivers contains independ- ent definition of the business trip. The author also presents his own view on the grounds for granting the drivers with the right to reimburse the costs of lodging and states, that bearing in mind the main object of this institution, i.e. improvement of the traffic safety, the right should be granted to this group of employ- ees, however it may not result in awarding them with additional source of income, which is particularly noticeable in the situation, when the driver actually bears no lodging costs.