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10 min czytania 29 November 2024

Working on Sundays and public holidays – who is entitled to the allowance?

Sundays and holidays are days off for most people, but not in every profession. Work on these days is permitted in exceptional situations. When is work on Sundays and holidays permitted? What does the Labor Code say about work on weekends and holidays? What are the days off in 2025? Work on holidays — what do you need to know? When is additional compensation due and how is it calculated?

Working on Sundays and public holidays

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Public holidays on Sundays and public holidays

The provisions of the Labor Code state that public holidays are all Sundays and public holidays specified in the Public Holidays Act. During the year, these are usually:

  • January 1st – New Year’s Day,
  • January 6th – Epiphany,
  • the first day of Easter,
  • the second day of Easter,
  • May 1st – State Holiday,
  • May 3rd – National Holiday of the Third of May,
  • Pentecost,
  • Corpus Christi,
  • August 15th – Assumption of the Blessed Virgin Mary,
  • November 1st – All Saints’ Day,
  • November 11th – National Independence Day,
  • December 25th – the first day of Christmas,
  • December 26th – the second day of Christmas.

Please note: Work on Sundays and public holidays covers the hours from 6:00 a.m. on that day to 6:00 a.m. the following day, unless the employer has specified a different time period in internal regulations.

Working on Sundays and public holidays

When is work permitted on Sundays and public holidays?

Work on Sundays and public holidays is permitted only in specific situations, which are regulated in the provisions of the Labor Code. When is it possible to work on Sundays and public holidays?

  • at the time of conducting a rescue operation to protect human life or health, the natural environment, property or to repair a failure,
  • work in continuous motion, shift work – in some industries such as production plants, warehouses, employees must work on Sundays and public holidays, due to the nature of the work,
  • work in transport and communication,
  • work performed during renovations,
  • work in company rescue services: company fire brigades, ambulance services, paramedics, doctors, police, etc.,
  • work in guarding property or protecting people: security guards, watchmen,
  • work in agriculture and breeding,
  • work to meet the current needs of society: catering, hotels, health care facilities, social welfare units, family support units and the foster care system, cultural, educational, tourism and recreation facilities,
  • work in a working time system that includes only Fridays, Saturdays, Sundays.

However, it should be remembered that work on Sundays and public holidays is subject to certain restrictions and regulations that must be observed. According to the Act on Restriction of Trade on these days, trade is prohibited during certain hours. Employers should be aware of these rules and adapt their activities to the applicable regulations.

Sunday and public holiday work – when is additional remuneration due?

Employees who qualify to work on Sundays and public holidays are entitled to a salary supplement (compensation for work on Sundays and public holidays) for the time worked on these days or to receive a day off at another time.

The employer is obliged to grant the employee a day off within 6 days before or after work on Sunday. If this is not possible, the day off must be scheduled by the end of the settlement period. The day off should compensate for work on Sunday, and the time off cannot be shorter than 8 hours, which corresponds to the daily working time standard.

If the day off cannot be granted on the scheduled date, the employer is obliged to pay the employee a salary supplement for each hour of work on Sunday. According to the Labor Code (Article 1511 § 1), the supplement for work on Sundays and public holidays is 100% of the standard salary for each hour of work during this time.

Working on Sundays and public holidays

Overtime on Sundays – when do we talk about them?

In any working time system that allows work on Sundays and public holidays, the employer is obliged to provide employees with an appropriate number of days off in a given settlement period, equal to at least the number of Sundays, public holidays and days off falling in an average five-day working week in that period.

Working on Sundays will not result in overtime if a day off is granted at another time. Only if a day off cannot be granted in exchange do we talk about overtime. Working on this day will increase the applicable weekly working time standard.

Remuneration for work on Sundays and public holidays – how to calculate?

An employee who works more than 8 hours on Sundays works overtime. Overtime hours should be compensated with an additional salary:

Example:

Mr. Karol worked 12 hours on Sunday, which is normally his day off. For the first 8 hours of work, Mr. Karol should get a day off. However, for the next 4 hours of work, which count as overtime, he is entitled to standard remuneration increased by an additional salary for overtime work or the possibility of using time off.

If it is not possible to grant a day off for the first 8 hours of work, Mr. Karol will receive an additional salary of 100% of the salary for each hour worked on Sunday.

Failure to comply with the provisions on Sunday and public holidays

Ordering to perform work on Sundays and public holidays for reasons other than those set out in the regulations is an offence against the employee’s rights, due to a violation of the provisions on working time. For this reason, the employer may suffer unpleasant consequences.

Working on a public holiday, such as Sunday or a public holiday, requires providing the employee with a day off at another time. In the case of weekend work, the employee is entitled to an additional day off, which should be granted in accordance with the regulations. In establishments providing services to people, such as medical facilities, the employer is obliged to provide employees with adequate rest for working on calendar days, including public holidays.

See also: Absence from work — how to justify it?

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