Customs pensions and related controversy

The customs officers protesting in front of the Ministry of Finance found themselves there with a specific postulate, as they demanded that all the Customs Service officers receive uniform pensions. In their opinion, the Ministry's proposal that this type of pension would only cover certain officers is discriminatory. The protest was attended by more than a thousand Customs Service employees who spoke out not only against the proposals of the MFI itself, but also against the judgment of the Constitutional Court in their case.

The disputed proposals assume, among other things, that there would be no uniform pension for personnel and financial service employees and for those who deal with logistics. The Ministry of Finance assumes that the right to uniformed pensions would be vested in customs officers responsible for combating crime and those who find employment in border units. This position is contrary to the demands of customs officials themselves. The MF's statement sent to PAP points out that the Ministry supports the position of the Constitutional Tribunal regarding the pension system for customs officers. It also stressed the willingness to extend the scope of the decision to include officers working at border crossing points.

As a result, uniformed pensions could be used by customs officers in crime control units, border customs units and investigation units. Sławomir Siwy, head of the Customs Officer's PL Trade Union, the organizer of the protest, points out that a decision to limit pensions would be discriminatory in relation to other employees of the Customs Service. In his opinion, uniformed pensions should be the right of all officers.

The protesters also pointed out that the government's plans for the Customs Service provided for its strengthening, while the direction of changes is contrary to such declarations. Marian Banaś, who is the head of the Customs Service in the Ministry of Finance, points out, however, that the verdict issued by the Constitutional Tribunal is clear when it comes to the question of which group of officers may count on being covered by the retirement uniformed system. What is more, he emphasizes that MF does a little more anyway, because if the letter of the verdict was adhered to, the right to a uniformed pension would be vested in a maximum of 2 thousand customs officers. It is MF that applies a broadening interpretation to include customs officers working at borders, airports and in so-called mobile groups. This means that even 7 000 out of 14 500 Polish customs officers can count on disputed pensions.

Banaś also pointed to the lack of any possibility to grant uniformed rights to persons who had been employed in civil services all the time. In his view, this would not be fair to other professional groups, for which the government must also be held accountable. At the same time, he stressed that by the end of the month the ministry would issue a final position on the matter.

Edyta Biernat, vice-chairwoman of the trade union Celnicy PL, is of a different opinion. In her opinion, Banasio's position is constantly changing, as in January the inclusion of all customs officers in the same pension system was not a question of any doubt. The Association is also afraid that the Minister of Finance has a specific goal to achieve, and this goal is to dismantle the Customs Service, which could be replaced by the National Revenue Administration, whose establishment is discussed in the context of January 1, 2017, and this despite the fact that the Law and Justice party removed this concept from its programme. Trade unionists are concerned, among other things, about the fact that, contrary to the Law and Justice (PiS) announcements, the minister has not taken any actions aimed at tightening the tax system. There are still no methods to combat the marginalisation of the grey market and organised crime in the Customs Service's sphere of activity. At the same time, the same minister denies the civic bill on uniform pensions for all employees of the Customs Service. Customs officers also pointed out that an inter-union protest committee for the agreement of the Trade Unions of the Customs Service was established, which includes the Federation of Trade Unions of the Customs Service, the Association of the Customs Service and the Association of Special Tax and Excise Supervision.

As late as March last year, the Constitutional Tribunal pointed to three articles of the Act on uniformed pensions, which were not compliant with the Constitution. It was emphasized that the arbitrary and discriminatory character of the legal situation faced by Customs Service officers may be regarded as, inter alia, differential. The Constitutional Tribunal also drew attention to the narrower pension rights of customs officers than in the case of Border Guard officers, despite the fact that both services have many common features, such as professional subordination and performing tasks not only in unlimited working hours, but also in difficult conditions. The Constitutional Tribunal recalled, however, that the very definition of a formation as uniformed or uniformed is not yet a basis for recognizing that the legal status of such foundations and officers themselves must be shaped in an identical or similar manner. He pointed out, however, that the tasks resting on the shoulders of customs officers are similar to those performed by police officers.

The Customs Service deals, among other things, with the recognition, detection, prevention and combating of specific offences. The legal situation of officers responsible for the performance of the aforementioned tasks is similar to that of police officers who can count on uniformed pensions.