Distraint and possibility of recourse of travel allowances

The Supreme Court dealt with a question (decision 21 Cdo 3774/20103) whether a decision can be ordered and enforced by debiting other financial receivables (according § 59 Sec. 1 letter b) of the Executory Order or § 312 of the Civil Process Order) by affection of travel allowances of the employee. The Court concluded that the travel allowances, to which the employee is entitled, cannot be enforced by this manner.

Provision § 299 Sec. 1 of the Civil Process Order contains a complete and full enumeration of incomes which do not represent a wage and cannot be affected by enforcement by deductions form wage. Travel allowances are also mentioned in these incomes. Provision § 299 Sec. 1 of Civil Process Order is a special provision in relation to provision § 312 of the Civil Process Order. If the travel allowances cannot be affected by the enforcement of the decision by deduction of wage, it cannot be made a conclusion, that the travel allowances can be affected by enforcement by manner according to § 312 of the Civil Process Order as so called other financial receivable. From the incomes that are related to the performance of work or are provided together with the wage for work can be affected by decision enforcement only those which are mentioned in complete enumeration in § 299 Sec. 1 of the Civil Process Order.