2014-02-11
Work on holidays and Sundays – amendment to the Labour Code
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This entry was authored by Micha³ Balicki.

Update: the Act of 24 January 2014 amending the Labour Code will come into force on 3 March 2014

On 10 February 2014 the President of Poland signed into law the Act of 24 January 2014 amending the Labour Code. The amendment broadens the catalogue of work admissible on holidays and Sundays. This change, awaited in particular by the outsourcing service centers, will allow better organization of working time of employees providing services to foreign entities.

 

The employers providing services to foreign entities, in order to meet their requirements and provide services on working days in the country of the recipient of the service, up until now scheduled work on holidays and Sundays within the shift working time system. After the Act comes into force the employers will have additional solution to schedule work on holidays and Sundays.

Currently there are 13 free of work holidays, according to the Act of 18 January 1951 on free work days (OJ from 1951, No. 4, position 28, with further amendments).

When the employer may Schedule work on holidays and Sundays?

According to the Act, the employer will be entitled to schedule work on holidays and Sundays when the services:

  • will be performed via electronic communication as described by the Act of 18 July 2002 on Electronically Supplied Services (OJ from 2013 r., position 1422, unified text), or telecommunication devices as described by the Act of 16 July 2004 Telecommunications Law (OJ from 2004, No. 171, position 1800, with further amendments), and
  • will be received outside of Poland.

Additionally, the employer may schedule work on holidays and Sundays for employees who do the work necessary to perform the above mentioned services by the employer. However, these employees do not necessarily have to perform the services as described by the Act.

The prevailing condition providing the possibility to schedule work on holidays and Sundays is that the Sunday and the holiday (as defined by the act on free work days ) is a working day in the country of the service recipient in accordance with the local law.

Additional obligations

The employer is obliged to compensate the employee for the work on holidays and Sundays by granting another day off within:

  • the period of 6 calendar days preceding or following the Sunday during which the employee was performing work, or
  • the reference period for the work during the holiday.

The amendment of the Labour Code does not change the rule that the employee working on Sundays should have at least one free Sunday during every 4 weeks.

The act comes into force 14 days after publication in the Journal of Laws.



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