Poland’s Constitutional Tribunal ruled that a previous absolute ban on combining a care allowance with employment violated the constitutional right to work.
Constitutional Ruling on Care Allowance and Employment
The Constitutional Tribunal determined that the absolute prohibition on working while receiving a care allowance, in effect until December 31, 2023, infringed upon the constitutional right to freedom of work.
The ruling stemmed from a constitutional complaint filed by a parent—a legal counsel who resigned from employment to care for a child with a disability—but continued to provide legal services through a contract arrangement. This led to a denial of the care allowance, based on the law in force until December 31, 2003, which required relinquishing employment to qualify.
A Fictitious Freedom to Work
The complainant argued that this provision violated Article 65, Section 1 of the Constitution, guaranteeing freedom to choose a profession and place of work. They contended that the freedom to work became a mere fiction, as any professional activity resulted in the loss of the care allowance, effectively forcing caregivers into long-term professional resignation.
Tribunal Agrees with Complainant
The Constitutional Tribunal sided with the complainant, finding that Article 17, Section 1 of the Family Benefits Act (as it stood until December 31, 2023) was inconsistent not only with Article 65, Section 1 of the Constitution, but also with Article 30 concerning human dignity and Article 31, Section 3, regarding the principle of proportionality in restricting rights and freedoms.
Judge Wojciech Sych, the rapporteur in the case, emphasized that caregivers are often highly skilled individuals who, with proper organization, could improve the living conditions of the disabled child through employment. He argued that the absolute ban on work is unjustified in modern society, especially with the rise of remote work and flexible employment options.
Unjustified Restriction of Work Freedom
Sych added that forced professional inactivity leads to exclusion and professional/social degradation of caregivers, also highlighting the psychological benefits of work, which fosters motivation and self-worth—demonstrating a close link between work freedom and human dignity.
Ruling and Current Regulations
Judge Sych concluded that the absolute ban on work as a condition for receiving a care allowance exceeded the necessary and permissible limits on restricting work freedom. Due to changes in the Family Benefits Act on January 1, 2024, the ruling does not invalidate the previous law (caregivers can now work and receive benefits). However, it allows for the reopening of cases where the allowance was denied based on the unconstitutional provision.
Judgment Details
Constitutional Tribunal Ruling of March 25, 2026, file reference SK 18/22.
