ALERT PRO HR: Constitutional Tribunal keeps the cap on social security contributions

2018.11.15

The Constitutional Tribunal ruled yesterday that the Act of 15 December 2017 on Changes to the Social Security System violates the Constitution. The Act was supposed to remove the cap on social security contributions, which applies when remuneration is at least 30 times higher than the forecasted average monthly salary. As a result of this decision, the 30-times limit will continue to be in force.
 
In the rationale behind the ruling, the Tribunal cited the flawed legislative process, in particular the vote in the Senate. The Tribunal did not address the content of the act in question, stressing that only procedural issues were ruled on. There were 3 dissenting opinions, including one by the President of the Tribunal, arguing that the flaws of the process were not serious enough to render the act unconstitutional

CONTACT

legal advisor Łukasz Chruściel

lukasz.chrusciel@raczkowski.eu