🔹 Introduction
As a general rule, Sundays and public holidays are days off work – this is stipulated by the Labor Code. However, there are exceptions where work on these days is permitted. Employers must adhere to strict rules: provide a day off in return or pay a corresponding bonus.
🔸 1. Legal Basis
- Labor Code, art. 151⁹ and art. 151¹⁰
- Act of January 18, 1951, on days off work
- Judgments of the Supreme Court and positions of PIP
🔸 2. When is work on Sundays and public holidays allowed?
According to art. 151⁹ §1 of the Labor Code, work on Sundays and public holidays can be performed only in cases specified by law.
✅ Permissible cases:
- Shift work (e.g. production, security)
- Interruption of work continuity (malfunctions, rescue operations)
- Transport and communication
- Hospitality, hotels
- Online commerce and other remote services
- Healthcare and social assistance
- Agriculture, breeding
- Work necessary due to the employer’s special needs (after justification)
📌 Work on holidays in stationary commerce (e.g., stores) is prohibited with exceptions (e.g., pharmacies, gas stations, bakeries, flower shops).
🔸 3. Public holidays in Poland (statutory days off)
- January 1 – New Year
- January 6 – Epiphany
- Easter – Sunday and Monday
- May 1 – Labor Day
- May 3 – Constitution Day of May 3
- Corpus Christi – Movable (Thursday)
- August 15 – Assumption of the Blessed Virgin Mary
- November 1 – All Saints’ Day
- November 11 – Independence Day
- December 25-26 – Christmas
📌 Non-commercial Sundays stem from a separate law (regarding trade restrictions), but they are not formally “holidays”.
🔸 4. Employer's obligations
🔄 Day off in return:
- For work on Sunday – another day off within 6 calendar days preceding or following Sunday,
- For work on a holiday falling on a workday – another day off by the end of the settlement period.
📌 If a day off cannot be provided – a 100% bonus to the salary is due (art. 151¹¹ of the Labor Code).
🔸 5. Salary for work on Sunday or public holiday
- Day off - Generally always – this is the basic form of compensation
- 100% bonus to salary - When a day off cannot be provided
- Additional payment for overtime - When the daily-weekly norm is exceeded
🔸 6. Work on Sunday in a continuous system
In some sectors (e.g., security, combined heat and power plants, hospitals), a continuous work system applies. Then:
- Work on holidays and Sundays is possible,
- but the principle of compensation with a day off or a bonus still applies.
🔸 7. Work on Sundays and public holidays and the right to rest
An employee is entitled to:
- uninterrupted daily rest – minimum 11 hours,
- uninterrupted weekly rest – minimum 35 hours (art. 133 of the Labor Code).
In case of work on Sunday, the weekly rest may be shifted.
🔸 8. Documentation and planning
- The obligation of planning work on Sundays and public holidays arises from the schedule or timetable,
- In the work time records, it is necessary to indicate:
- the number of hours worked on those days,
- the day off granted or the payment of the bonus.
📚 Legal basis
- Labor Code, art. 129–151¹³
- Act of January 18, 1951, on days off work
- Act of January 10, 2018, on restricting trade on Sundays and holidays
✏️ Summary
- Work on Sunday - Allowed only in specified cases (art. 151⁹ of the Labor Code)
- Day off in return - Mandatory if work took place on Sunday/public holiday
- 100% bonus - When there is no possibility of granting a day off
- Prohibition of trading on holidays - Applies, with exceptions (pharmacies, stations, bakeries)
- Planning and records - Required according to the work regulations and schedules