Polish uniformed officers fight undervalued pay, face court hurdles

Uniformed service members in Poland are encountering difficulties with the valorization of their benefits from 2023, a situation rooted in legislation enacted by the prior government. The core of the problem lies in a law passed in December 2022, which introduced unique regulations for determining the salaries of uniformed officers. Due to economic conditions and high inflation, the salary increase scheduled for the beginning of 2023 was postponed to March 1, 2023.

This delay created a disparity: officers who retired in January or February 2023 received calculations based on the 2022 salary baseline. In contrast, those who remained in service after March 1 benefited from the higher 2023 baseline. This difference had significant financial consequences, leading to lower final paychecks for departing officers and subsequently impacting their pension calculations.

The constitutionality of these regulations has been questioned, with the Commissioner for Human Rights (RPO) also highlighting the issue, deeming the rules unconstitutional. The RPO pointed out that some officers made retirement decisions based on health reasons, not arbitrary choices. Despite these concerns, the case is still pending before the Constitutional Tribunal.

Consequently, numerous retired officers have initiated legal proceedings to reclaim their rights, seeking equalization of their salaries and adjustments to their pensions. However, a major hurdle remains: uncertainty about which court has jurisdiction and the proper procedure for filing these claims. "It is not clear which court these claims should be directed to and in what procedure they should be pursued," stated Marta Derlatka, a lawyer specializing in constitutional and uniformed services cases. This ambiguity complicates the legal battle for many former officers seeking fair compensation.

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It is not clear which court these claims should be directed to and in what procedure they should be pursued.