New daily rate for domestic travel from 28 July 2022.



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At the end of July, the daily allowance for business trips in the country will change. Employers who follow a diet of PLN 30 included in the remuneration regulations, ie the diet provided for in the business travel scheme, will have to change the regulations. The time is shorter than the two weeks it takes to inform employees. The change is beneficial for the employees, so it can be assumed that it is not necessary to save two weeks in advance. Because from July 28, employees are entitled to a diet of PLN 38 per day. We write more about it in Legal Alert.

On July 28, 2022, an amendment to the Ordinance of the Minister of Labor and Social Policy of January 29, 2013 on claims against an employee employed in a state or local budget unit for a business trip (Journal of Laws of 2013, item 167), increasing the Diet Allowance for business travel within the territory of the country from PLN 30 (the rate applicable from March 1, 2013) to PLN 38. This is the only change directly implemented by the Ordinance of the Minister of Families and Social Policy of June 30, 2022 amending the Regulation on claims against employees employed by a state or local government budget unit for a business trip (Journal of Laws of 2022, Article 1481). We write more about it in Legal Alert.

Also read: Business trip allowance – employee income – practical remark >>>

However, the change in the reimbursement rate affects other benefits for business travel laid down in the regulation of January 29, 2013:

  • accommodation lump sum for a domestic trip – it is 150 percent. diet, and will therefore be increased from PLN 45 to PLN 57,
  • the accommodation limit for a domestic trip is 20 times the diet for one night – is increased from PLN 600 to PLN 760,
  • flat rate for local trips on a domestic trip – 20% diets for each started day of a business trip – until now it was PLN 6, and after changing the diet fare it will be PLN 7.60.

Also read: Working time to be paid during a business trip >>

Internal arrangements

The provisions of the Regulation on business travel allowances are directly applied by employers who are state or local government units in the budget sphere. For other employers, the payment conditions of the claims in the field of business travel are regulated in:

  • collective agreement,
  • remuneration schemes,
  • an employment contract (if the employer is not covered by a collective labor agreement or is not obliged to establish remuneration schemes).

Only when such an arrangement does not exist, the provisions of this arrangement apply. At the same time, the internal rules may be complete, listing the delegation benefits exhaustively (not very common), or incomplete, and only cover certain aspects of business travel related settlements (e.g. only a reference to the per diem allowances for travel abroad ).

Check the PROCEDURES:

The limitation resulting directly from art. 77 (5)par. 4 of the Labor Code – the internally determined travel allowance may not be less than the current amount of the domestic travel allowance. It is thus possible to reduce the fees for foreign delegations compared to the amounts stated in the regulation, but it is not allowed to reduce the national fee.

Regulatory change and a new diet

The remuneration scheme comes into effect two weeks after it has been communicated to the employees in the manner determined by the employer. The same date should be set for the entry into force of the amendments to the Regulations. It cannot be shortened regardless of the assessment of the benefits of a particular change – no change to the remuneration rules may apply earlier. However, this does not mean that if the employer does not make the change before the effective date of the changed rate – and from today it is not possible to hold two weeks in advance – employees will still receive PLN 30 per day of domestic travel.

According to art. 9 para. 3 of the Labor Code, the provisions of the remuneration regulations for employees may not be less favorable than the provisions of the Labor Code and other laws and implementing decrees. Priority applies to the regulations more favorable to employees (diet PLN 38 versus diet, diet PLN 30 from the regulation). Despite the lack of changes to the provisions of the regulations mentioned in the question, from July 28, employees are entitled to PLN 38 per diet.

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