Projekt stanowiska Sejmu w sprawie o sygn. akt SK 18/151

In the proposed draft position the author claims that Article 32 para. 1 of the Act on Foreign Service, in so far as it deprives the members of foreign service employed as auxiliary staff of the right to a separate remuneration or time off in exchange for work performed beyond normal working hours, is incompatible with the constitutional principle of equal protection of property rights and the principle of proportionality. He points out that covering of those employed in non-clerical positions under the special regime of increased availability to perform work is justified within in the scope of regulatory discretion of the legislator. However, it requires the introduction of a proper mechanism to compensate for the work performed. Moreover, according to the author, proceedings in relation to the remaining scope of examination of constitutionality of Article 32 para. 1 of the above-mentioned Act should be discontinued due to the inadmissibility of rendering the judgment.