The Constitutional Court rejected the post’s complaint in the case of unequal remuneration in Prague and the regions
Updates: 09/29/2021 13:30
Released: 29.09.2021, 13:30
Brno – The Constitutional Court (Constitutional Court) rejected the Czech Post’s complaint in the driver’s case, which pointed to unequal remuneration of employees in the same positions in different regions. The drivers were defended by the courts of all levels, including the Supreme. According to the Constitutional Court, it was an expression of independent judicial decision-making, which did not deviate from the limits of constitutionality. Decision to make available in its database.
Last year, the Supreme Court ruled that the law allows one company to respect only internal conditions affecting the complexity of work, no external circumstances, such as the broader social and economic environment of the region.
In a constitutional complaint, the state-owned enterprise pointed out that the cost of living is different in different regions, which should be reflected in wages. However, the Constitutional Court did not accept the argument, pointing out that the post office did not apply it consistently – only Prague drivers had higher incomes. “Nevertheless, it can hardly be concluded that necessarily the cost of living is mostly higher only in Prague and the surrounding area”, outside Prague they are a homogeneous quantity. Even when comparing Brno and Olomouc, for example, the costs of acquiring housing do not coincide at all and this difference will be even more significant between other regional cities, “the resolution states.
In the lawsuit, the driver pointed out that his salary in Olomouc was lower than that of his colleagues in Prague in the same type of positions and tariff level. He considered it unequal treatment. The Post Office argued that the amount of employees’ wages reflects both the assumptions and requirements for the performance of work, as well as the conditions of individual workplaces. According to the state enterprise, the driver’s job in Prague is more complex, more responsible and more strenuous, for example with regard to the size of the region and the distribution of traffic in several parts and buildings.
The driver obtained a so-called interim judgment before the District Court for Prague 2, according to which the basis of the action is justified. Justice had yet to decide on money. The appeal of the post was rejected by the Municipal Court in Prague. The opinion of both Prague courts was confirmed by the highest instance and now also by the Supreme Court.
The Chamber of Commerce of the Czech Republic addressed the opinion of the Constitutional Court, which described the opinion of the Supreme Court as a dangerous experiment. According to her, it will lead to a reduction in living standards, more expensive goods and services and a collapse of the Czech economy. The obligation to apply a uniform wage atmosphere everywhere and not to take into account regional differences in labor prices is said to interfere with the principles of the market economy.
According to the justification, the Central Committee understands the view of business entities and the situation on the labor market, otherwise the conditions set the policy. There is nothing to prevent them from adopting legislation, which allows employers to take into account, among other factors, socio-economic differences between regions, thus correcting the principle that employees for the same work are paid the same pay for the same work. If, of course, you find enough political agreement to do so, the constitutional judges have concluded.