2016

Summary:It is notpermissible to establish, through judicial proceedings, that work was performed under exceptional or special conditions if the employer has not carried out the required preliminary procedure with respect to that employer, workplace, or the occupation or position held by the claimant.

The applicable legislation must be interpreted in such a way that access to justice is provided in accordance with the law and does not violate the principle of the separation of powers. The fact that the legislature has established a specific procedure for classification under exceptional or special conditions is a matter within the discretion and margin of appreciation of the legislative authority in regulating this issue.

As long as there is an accessible, clear procedure that provides for the right to challenge a decision in court—a procedure established by law and falling within the functional jurisdiction of bodies other than the judicial authority— the court would be exceeding its authority if it were to ratify, by superseding the entire methodology, the classification of certain jobs as involving special or exceptional conditions.

Keywords: exceptional working conditions, special working conditions, classification of working conditions, inadmissibility, workplace