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Discrimination against firefighters?

The HFHR has issued a letter to the Ministry of Interior and Administration, in which it expressed its suspicions of discrimination against the principles of acquiring state pension rights by the Air Rescue and Fire-Fighting Services.

Under the applicable law the firefighters of the State Fire Service are the only unit of the fire services whose members are given the option of acquiring state pension rights after 15 years in service. At the same time, the officers from the Air Rescue and Fire-Fighting Services can acquire state pension rights at the age of 60 or 65.

The Foundation notes that firefighters of both the State Fire Service and the Air Rescue and Fire-Fighting Services have been appointed to perform the same duties, namely fighting fires, natural disasters and other local threats (see: the Act on Prevention of Fires and the Act on the State Fire Service). Further, the provisions of both Acts prescribe the same requirements as to their professional qualifications.

In the Foundation’s opinion, the applicable regulations on the acquisition of the state pension rights in both services raise doubts as to their compliance with the principle of equality laid down in second sentence of Article 32 (1) of the Constitution of the Republic of Poland.

This case is included into HFHR’s legal Programme Article 32.

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