On January 31-st 2018, 7 judges of the Supreme Court passed a resolution concerning work in the transport as a driver of a truck with technically permissible maximum weight above 3,5 tons who additionally was performing access activities such as: an escort driver, a loader or forwarder with reference to transported goods, as a work performed of special nature (Article 32 paragraph (1) according to Article 184 paragraph (1) the Act of December 17-th, 1998 on Pensions from FUZ (Social Insurance funds), consolidation: Dz.U. from 2017, position 1383 with changes in connection with item 2 Section VIII of the list A, named Annex to Regulation of the Council of Ministers of February 7-th, 1983 concerning the retirement age of employees performing work of special nature Dz.U. No. 8, item 43 as amended).

Motion concerning settling this legal issue has been submitted by President of the Supreme Court. The motion was pointing that, as far as the retirement issue is concerned, there were discrepancies in judicial decisions of the Supreme Court and common courts concerning work as a driver of a truck with technically permissible maximum weight above 3,5 tons who was performing access activities such as: an escort driver, a loader or forwarder. In the previous judicial decisions, it was not clear enough whether the work of such a driver-escort (driver-loader, driver-forwarder) should be classified as work of special nature, which entitles the employee to retire on principles more favourable (reduced retirement age) than the rest of the insured people.

In some judgements, the Supreme Court recognized the activities of escorting and loading goods not as actions integrally related to the work of the truck driver and therefore “work performed of special nature” is not performed in a full extent. Whereas, in other judgements, the Supreme Court stated that activities such as loading and unloading of the vehicle that have been driven (supervising the process of loading and unloading) are employee’s duties of a driver of a truck with technically permissible maximum weight above 3,5 tons, there are rational reasons to assume that the person performing all these duties has work other than work as a truck driver listed in the Annex of the Regulation.

The Supreme Court resolution of January 31-st, 2018 is to put an end to the above-mentioned discrepancies. From the drivers’ standpoint, a written substantiation of the resolution, which has not been published yet, should be essential.