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Regulation Of The Minister Of Labour And Social Policy Of 29 January 2013 On Receivables The Rights Worker Employed At The State Or Local Government Budgetary Sphere Unit For Business Trips

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 29 stycznia 2013 r. w sprawie należności przysługujących pracownikowi zatrudnionemu w państwowej lub samorządowej jednostce sfery budżetowej z tytułu podróży służbowej

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REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 29 January 2013

on claims for a staff member employed by a State or local government unit of the budget sphere of business travel

On the basis of art. 77 5 § 2 of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. 2) ) The following shall be managed:

Chapter 1

General provisions

§ 1. [ Regulatory scope] The Regulation shall determine the amount and the conditions for determining the amount of receivables entitled to a staff member employed in the State or local government unit of the budget sphere for the business trip:

1) in the area of the country, hereinafter referred to as "national travel";

2) outside the country, hereinafter referred to as "foreign travel".

§ 2. For domestic travel and for foreign travel to be held at the date and place specified by the employer, the staff member shall be entitled:

1) diets;

2. reimbursement of costs:

(a) crossings,

(b) commuting by local means of communication,

(c) accommodation,

(d) other necessary documented expenditure, defined or recognised by the employer as appropriate to the legitimate needs of the employer.

§ 3. 1. The means of transport competent to make a domestic trip or foreign travel, and also its type and class, shall be defined by the employer.

2. The worker shall be entitled to reimbursement of the costs of the journey in the amount documented by tickets or invoices covering the price of the ticket of the means of transport, together with associated additional charges, including locals, taking into account the attendant costs of the journey, including the an employee of a relief for a given means of transport, irrespective of the title of the relief.

3. At the request of the employee, the employer may consent to the passage on domestic travel or travel by a foreign passenger car, motorbike or moped, not owned by the employer.

4. In the cases referred to in paragraph. 3, the worker shall be entitled to reimbursement of the costs of the journey in the amount of the number of kilometres travelled by the rate for one kilometre of the run, determined by the employer, which may not be higher than that specified in the provisions issued on the basis of art. 34a par. 2 of the Act of 6 September 2001. o road transport (Dz. U. 2012 r. items 1265 and 2013 items 21).

§ 4. 1. An employee who, during a national trip or a foreign trip, has incurred other necessary expenses relating to this travel, specified or recognised by the employer, shall be returned in a documented amount.

2. The expenditure referred to in paragraph 2. 1, include baggage fees, toll roads and motorways, a stop in a paid parking zone, parking spaces, and other necessary expenses involving directly with a national trip or a foreign trip.

§ 5. 1. The employee shall settle the costs of domestic travel or foreign travel no later than within 14 days from the date of completion of this trip.

2. To settle the travel costs referred to in paragraph. 1, the employee shall attach documents, in particular bills, invoices or tickets confirming the individual expenses; this does not apply to the allowances and expenses covered by the lump sums. If the presentation of the document is not possible, the staff member shall make a written statement of the expenditure and the reasons for his failure to document it.

3. In justified cases, the employee shall submit a written statement about the circumstances affecting the right to the diet, lump sum, reimbursement of other travel expenses or their height.

Chapter 2

Domestic travel

§ 6. [ Place of departure and completion of national travel] 1. The place of the start and end of the national journey shall be defined by the employer.

2. The employer may consider as a city the commencation or termination of the domestic journey of a permanent or temporary stay of a worker.

§ 7. 1. The Diet during domestic travel is intended to cover increased food costs and amounts to 30 PLN per day of travel.

2. The charge for diets shall be calculated for the time from the start of the national trip (departure) for the return (arrival) after the performance of the service task in the following way:

1) if the journey takes no more than a day and is:

a) less than 8 hours-the diet is not entitled,

(b) 8 to 12 hours-a 50% diet is available,

(c) more than 12 hours-a full-height diet;

2) if the journey takes longer than a day, each day is entitled to a full-height diet, and for the incomplete but commenced day:

a) up to 8 hours-a 50% diet is available,

(b) more than 8 hours-a full-height diet.

3. The Diet shall not be entitled:

1) for the time of posting to the locality of the permanent or temporary staff member and in the cases referred to in § 10;

(2) if the worker has been provided free of daily meals.

4. The amount of the diet referred to in the mouth. 1, it shall be reduced by the cost of the free meal provided, assuming that each meal is as appropriate:

1) breakfast-25% of the diet;

2) lunch-50% of the diet;

3) dinner-25% of the diet.

5. In the case of the use by the employee of the hospitality service, in the framework of which the food is provided, the provisions of the paragraph. 4 shall apply mutatis mutandis.

§ 8. 1. For the accommodation of a domestic travel in the accommodation facility, the accommodation provider shall be entitled to reimbursement of expenses in the amount of the account found, but not more than 20 times the rate of the allowance per night.

2. In justified cases, the employer may consent to the reimbursement of the accommodation costs recorded in the amount exceeding the limit referred to in paragraph. 1.

3. An employee who has not been provided free accommodation and who has not submitted the account referred to in paragraph. 1, there is a lump sum for each night of 150% of the diet.

4. The lump sum for the accommodation shall be entitled if the accommodation lasts at least 6 hours between hours 21 and 7.

5. The reimbursement of accommodation costs or lump sum for the accommodation shall not be valid for the duration of the journey, as well as if the employer considers that the employee has the possibility of a daily return to the locality of permanent or temporary stay.

§ 9. 1. For every day of stay on a national trip, a staff member shall have a lump sum to cover the costs of commuters with a local communication of 20% of the subsistence allowance.

2. The lump sum referred to in the paragraph. 1, shall not be entitled if the staff member does not bear the costs of the commutes.

3. The provision of the paragraph. 1 shall not apply if, at the request of the employee, the employer agrees to cover the documented costs of commuting by local means of communication.

§ 10. A worker who is on a national journey of at least 10 days shall be entitled to reimbursement of the cost of the journey on a non-working day, the means of transport specified by the employer, to the locality of stay or temporary stay and back.

§ 11. At the request of the employee, the employer shall grant an advance payment on the necessary national travel expenses in the amount resulting from the initial calculation of the costs.

Chapter 3

Foreign travel

§ 12. [ Travel time of foreign travel] The time of foreign travel shall be counted in the event of its means of communication:

1) land-from the moment of crossing the state border on the way abroad until it is overrun on the way back to the country;

2) aviation-from the time of the departure of the aircraft en route from the last airport in the country until the landing of the aeroplane on the way back at the first airport in the country;

3) Maritime-from the moment of the departure of the ship (ferry) from the last Polish port until the entry of the vessel (ferry) on the return journey to the first Polish port.

§ 13. 1. The Diet during a foreign trip is intended to cover the costs of nutrition and other minor expenses.

2. The Diet shall be entitled to the applicable foreign travel country. In the case of a foreign trip to two or more countries, the employer may fix more than one target country.

3. The charge on diets shall be calculated as follows:

1) for each day a foreign trip shall be entitled to a full-height diet;

2) for a non-full day of foreign travel:

a) up to 8 hours-1/3 of the diet is available,

(b) more than 8 to 12 hours-a 50% diet is entitled,

(c) more than 12 hours-a full-height diet.

4. The height of the daily subsistence allowance in individual countries is set out in the Annex to the Regulation.

§ 14. 1. An employee who has been provided during a foreign trip free of charge, daily meals, shall be entitled to 25% of the diet determined in accordance with § 13. 3.

2. The amount of the diet shall be reduced by the cost of the free meal provided, accepting that each meal shall be as appropriate:

1) breakfast-15% of the diet;

2) lunch-30% of the diet;

3) dinner-30% of the diet.

3. In the case of the use by the employee of the hospitality service, in the framework of which the food is provided, the provisions of the paragraph. 2 shall apply mutatis mutandis.

4. An employee who receives a foreign exchange of money during a foreign trip to board a diet shall not be entitled to a diet. If the amount of money is less than a diet, the employee shall be entitled to an adjustment to the amount of the diet due.

§ 15. Every day (day) of stay in a hospital or other treatment facility during a foreign trip, the worker is entitled to a 25% diet.

§ 16. 1. For the accommodation during a foreign trip, the employee shall be entitled to reimbursement of the costs in the amount of the account found, within the limit of the limit set in the individual countries in the Annex to the Regulation.

2. In the event of failure to submit an account for the accommodation, the staff member shall be entitled to a lump sum of 25% of the limit referred to in paragraph. 1. The lump sum shall not be due for the duration of the journey.

3. In justified cases, the employer may agree to the reimbursement of the costs for the accommodation, established by the account, in the amount exceeding the limit referred to in paragraph. 1.

4. The provisions of the paragraph. 1 and 2 shall not apply if the employer or the foreign party provide a free accommodation to the employee.

§ 17. 1. The worker shall be entitled to a lump sum to cover the costs of commuting from and to the railway station, bus, airport or sea port in the amount of one diet in the destination abroad and in any other locality abroad, in which the employee has used the accommodation.

2. Where the staff member bears the cost of the commute referred to in paragraph 1, 1, only one way, there is a lump sum of 50% of the diet.

3. To cover the costs of commuting by local staff, the staff member shall have a lump sum of 10% per day per day of his/her stay on a foreign trip.

4. The lump sums referred to in paragraph. 1-3, they shall not be entitled if the worker:

1) takes place a foreign service or private car vehicle, motorbike or moped;

2) has provided free commute;

3) shall not bear the costs for which these lump sums are intended.

§ 18. The employer may consent to the reimbursement of the costs of carriage by plane of personal luggage weighing up to 30 kg, including the weight of the baggage paid in the ticket price, if the foreign trip takes more than 30 days or if the country is the country of destination. non-European.

§ 19. 1. In the case of an illness arising during a foreign travel, the worker shall be entitled to reimbursement of the documented necessary costs of treatment abroad.

2. The reimbursement of the costs referred to in paragraph. 1, shall take place by the employer, with the exception of the benefits guaranteed in accordance with the provisions on the coordination of social security systems in the European Union, as referred to in Article 3. 5 point 32 of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2008 Nr 164, pos. 1027, of late. 1. 3) ).

3. Non-reimbursable costs of purchase of medicines, the acquisition of which abroad was not necessary, costs of plastic surgery and cosmetic surgery and the cost of acquisition of orthopaedic, dental or spectacle prostheses.

4. In the event of death of an employee abroad, the employer shall cover the cost of transporting the body to the country.

§ 20. 1. The employee shall receive an advance in foreign currency on the necessary foreign travel expenses, in the amount resulting from the initial calculation of these costs.

2. With the consent of the employee, the advance payment may be paid in the Polish currency, in the amount equivalent to the employee's advance payment in foreign currency, according to the average of the zloty rate against the foreign currency specified by the National Bank Polish from the day of payment of the advance

3. The settlement of foreign travel costs shall be made in the currency of the received advance, in the currency convertible or in the Polish currency, at the average rate from the date of its payment.

§ 21. In the case of a foreign trip in conjunction with the country's departure, the provisions of Chapter 2 shall apply mutatis mutandis.

Chapter 4

Final provisions

§ 22. [ Repealed provisions] They are hereby repealed:

1) Regulation of the Minister of Labour and Social Policy of 19 December 2002. on the amount and the conditions for determining the amounts owed to a worker employed by a State or local government unit of the budget sphere on a business trip within the country (Dz. U. No 236, pos. 1990, 2004 No 271, pos. 2686, 2005 No. 186, item. 1554 and 2006 No. 227, pos. 1661);

2) the Regulation of the Minister of Labour and Social Policy of 19 December 2002. on the amount and the conditions for determining the amounts owed to a staff member employed in a State or self-government unit of the budget sphere for a business trip outside the national territory (Dz. U. No 236, pos. 1991, 2003 Nr 199, pos. 1951, 2004 No 271, pos. 2687 and 2005 No. 186, item. 1555).

§ 23. This Regulation shall enter into force on 1 March 2013.

Minister of Labour and Social Policy: W. Kosiniak-Kamysz

1) The Minister of Labour and Social Policy heads the government administration-work, pursuant to § 1 paragraph. 2 point 1 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).

2) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825, No. 115, pos. 958, Nr 157, poz. 1241 and No. 219, pos. 1704, of 2010 Nr 105, pos. 655, Nr 135, poz. 912, Nr 182, poz. 1228, No 224, pos. 1459, Nr 249, poz. 1655 i No 254, pos. 1700, of 2011 No. 36, pos. 181, Nr 63, poz. 322, No 80, pos. 432, No 144, pos. 855, Nr 149, poz. 887 i No 232, pos. 1378, of 2012 items 908 and 1110 and 2013 items 2.

3) Amendments to the text of the single law have been announced in the Dz. U. of 2008 No. 216, item. 1367, Nr 225, pos. 1486, Nr 227, poz. 1505, No 234, pos. 1570 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 22, pos. 120, Nr 26, poz. 157, Nr 38, pos. 299, Nr 92, pos. 753, Nr 97, pos. 800, Nr. 98, pos. 817, Nr 111, poz. 918, Nr 118, poz. 989, Nr 157, pos. 1241, Nr 161, poz. 1278 and Nr 178, pos. 1374, of 2010. Nr 50, poz. 301, Nr 107, pos. 679, Nr 125, poz. 842, Nr 127, poz. 857, Nr. 165, pos. 1116, Nr 182, pos. 1228, No. 205, pos. 1363, Nr 225, pos. 1465, Nr 238, poz. 1578 and No 257, pos. 1723 and 1725, of 2011 Nr 45, poz. 235, Nr. 73, pos. 390, No. 81, pos. 440, No. 106, pos. 622, Nr 112, poz. 654, No 113, pos. 657, No. 122, pos. 696, Nr 138, pos. 808, No. 149, pos. 887, No. 171, pos. 1016, Nr 205, poz. 1203 and No. 232, pos. 1378, of 2012 items 123, 1016, 1342 and 1548 and of 2013 items 154.

Annex 1. [ HEIGHT OF THE DIET PER DAY OF FOREIGN TRAVEL AND ACCOMMODATION LIMIT PER COUNTRY]

Annex to the Regulation of the Minister of Labour and Policy
Social date of 29 January 2013 (pos. 167)

THE HEIGHT OF THE DAILY SUBSISTENCE ALLOWANCE AS WELL AS THE PER-COUNTRY LIMIT

Seq.

Country

Currency

Amount of diet

Amount of the accommodation limit

1

2

3

4

5

1

Afghanistan

EUR

47

140

2

Albania

EUR

41

120

3

Algeria

EUR

50

200

4

Andorra

As in Spain

5

Angola

USD

61

180

6

Saudi Arabia

EUR

45

180

7

Argentina

USD

50

150

8

Armenia

EUR

42

145

9

Australia

AUD

88

250

10

Austria

EUR

52

130

11

Azerbaijan

EUR

43

150

12

Bangladesh

USD

50

120

13

Belgium

EUR

48

160

14

Belarus

EUR

42

130

15

Bosnia and Herzegovina

EUR

41

100

16

Brazil

EUR

43

120

17

Bulgaria

EUR

40

120

18

Chile

USD

60

120

19

China

EUR

55

170

20

Croatia

EUR

42

125

21

Cyprus

EUR

43

160

22

Czech Republic

EUR

41

120

23

Denmark

DKK

406

1 300

24

Egypt

USD

55

150

25

Ecuador

USD

44

110

26

Estonia

EUR

41

100

27

Ethiopia

USD

55

300

28

Finland

EUR

48

160

29

France

EUR

50

180

30

Greece

EUR

48

140

31

Georgia

EUR

43

140

32

Spain

EUR

50

160

1

2

3

4

5

33

India

EUR

38

190

34

Indonesia

EUR

41

110

35

Iraq

USD

60

120

36

Iran

EUR

41

95

37

Ireland

EUR

52

160

38

Iceland

EUR

56

160

39

Israel

EUR

50

150

40

Japan

JPY

7,532

21,000

41

Yemen

USD

48

160

42

Jordan

EUR

40

95

43

Cambodia

USD

45

100

44

Canada

CAD

71

190

45

Qatar

EUR

41

200

46

Kazakhstan

EUR

41

140

47

Kenya

EUR

41

150

48

Kyrgyzstan

USD

41

150

49

Colombia

USD

49

120

50

Congo,

Democratic Republic of the Congo

USD

66

220

51

South Korea

EUR

46

170

52

Korea, Democratic People's Republic of

EUR

48

170

53

Costa Rica

USD

50

140

54

Cuba

EUR

42

110

55

Kuwait

EUR

39

200

56

Lao

USD

54

100

57

Lebanon

USD

57

150

58

Libya

EUR

52

100

59

Liechtenstein

As in Switzerland

60

Lithuania

EUR

39

130

61

Luxembourg

As in Belgium

62

Latvia

EUR

57

132

63

Macedonia

EUR

39

125

64

Malaysia

EUR

41

140

65

Malta

EUR

43

180

66

Morocco

EUR

41

130

67

Mexico

USD

53

140

68

Moldova

EUR

41

85

1

2

3

4

5

69

Monaco

As in France

70

Mongolia

EUR

45

140

71

Netherlands

EUR

50

130

72

Germany

EUR

49

150

73

Nigeria

EUR

46

240

74

Norway

NOK

451

1 500

75

New Zealand

USD

58

180

76

Oman

EUR

40

240

77

Pakistan

EUR

38

200

78

The Palestinian National Authority

as in Israel

79

Panama

USD

52

140

80

Peru

USD

50

150

81

Portugal

EUR

49

120

82

South Africa

USD

52

275

83

Russia

EUR

48

200

84

Romania

EUR

38

100

85

San Marino

As in Italy

86

Senegal

EUR

44

120

87

Republic of Serbia

and the Republic of Montenegro

EUR

40

100

88

Singapore

USD

56

230

89

Slovakia

EUR

43

120

90

Slovenia

EUR

41

130

91

United States of America (USA), of which:

USD

59

200

-New York

-Washington

350

300

92

Syria

USD

50

150

93

Switzerland

CHF

88

200

94

Sweden

SEK

459

1 800

95

Tajikistan

EUR

41

140

96

Thailand

USD

42

110

97

Tanzania

USD

53

150

98

Tunisia

EUR

37

100

99

Turkey

USD

53

173

100

Turkmenistan

EUR

47

90

101

Ukraine

EUR

41

180

102

Uruguay

USD

50

80

103

Uzbekistan

EUR

41

140

104

Venezuela

USD

60

220

105

Hungary

EUR

44

130

1

2

3

4

5

106

United Kingdom

GBP

35

200

107

Vietnam

USD

53

160

108

Italy

EUR

48

174

109

Côte d' Ivoire

EUR

33

100

110

Zimbabwe

EUR

39

90

111

United Arab Emirates

EUR

39

200

112

Countries other than those mentioned in lp.1-111

EUR

41

140

On travel to:

-The Gibraltar diet and the amount of the accommodation limit is as in the United Kingdom,

-the Hong Kong diet is $55, and the amount of the $250 per night limit,

-Taiwan's diet is EUR 40 and the amount of the limit for the accommodation of EUR 142.