Work on Sundays and holidays

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Work on Sundays and holidays

🔹 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:

  1. Shift work (e.g. production, security)
  2. Interruption of work continuity (malfunctions, rescue operations)
  3. Transport and communication
  4. Hospitality, hotels
  5. Online commerce and other remote services
  6. Healthcare and social assistance
  7. Agriculture, breeding
  8. 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 workdayanother 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