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Work in holy days

Article

There are another days ahead of us that are statutorily free from work - New York's Day and Epiphany. However, employers have to remember that people who work in holy days have additional days off or higher remuneration. There is a penalty for breaking the law.

In days which are free from work, the employees may perform tasks which meet every-day needs of the population. Recently it has also included workers of centers for common services. An employer, however, has to provide his employee a day off or additional remuneration for working in a holy day. An employer who orders work against the rules may receive a fine in the amount of even 30 thousand zlotys.

 

The Non-working Days Act enumerates 13 holydays, during which the work is forbidden as a rule. The Labor Code, however, points out in which circumstances it is allowed. In holy days, only people who perform tasks which are necessary for ever-day needs of the population may work. For instance, during required renovations or urgent rescue actions. It is also often practiced in work in the shift system – explains Dominika Nowak, legal adviser in DLA Piper legal office.   

 

Art. 151 of the Labor Code enumerates cases when the work in holy days is allowed. An employee may perform tasks which meet every-day needs of the population (i.a. transport, communication, agriculture, gastronomy, hotel industry or public services).  

 

Moreover, people who are hired in cross-border services have been recently allowed to work in 13 holy days if this particular day remains a working day in a country of receipt of those services. It became possible thanks to the amendment to the Labor Code, which came into force in March this year. It adjusts Polish law to new trends and demands on the labor market. It concerns especially outsourcing centers and common services. According to Association of Business Service Leaders in Poland (ABSL), BPO/SCC sector hires over 120 thousand of specialists in 400 centers for common services in Poland.  

 

In a situation when an employee works in a holy day in accordance with regulations, an employer has to provide him a day off. Even if an employee works only one hour in a holy day, he is entitled to a free day – says Dominika Nowak.  

 

A legal advisor points out that in case of not determining a day off to an employee, he is entitled to an addition in the amount of 100 per cent for each worked hour in a particular holy day.  


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