Trading during holidays - is it allowed?

The Act of January 10, 2018 on the restriction of trade on Sundays and public holidays and on certain other days sets out the rules for restricting trade and performing activities related to trading in retail outlets on Sundays and public holidays. Pursuant to Art. 16.1. in the period from March 1 to December 31, trading on Sundays is prohibited, except for the first and last Sunday of the calendar month. If there is a holiday on the first or last Sunday, the trade ban does not apply. Along with 2019, a tightening of the trade ban will come into force, which will no longer apply only on the last Sunday of the month. What is the ban on trading during the holidays? Read on!

Trading during holidays - what days are there off?

In accordance with the provisions of the Labor Code, non-working days are Sundays and public holidays. However, according to the provisions of the same act, the ban on trading is valid only during strictly defined holidays. Sundays are subject to this ban only when one of them falls on one of the days off holidays indicated by the provisions of the Act - such as Easter.

The non-trading holidays are listed in the Public Holidays Act. And so, according to its provisions, they are:

• New Year's Day (January 1),
• Epiphany (January 6),
• the first and second days of Easter,
• 1 May State Holiday,
• National Day of May 3,
• the first day of Pentecost,
• Corpus Christi day,
• Assumption of the Blessed Virgin Mary (August 15),
• All Saints (November 1),
• National Independence Day (November 11),
• the first and second days of Christmas (December 25-26).

However, this prohibition does not mean that all points of sale will be closed. Although people employed under a contract of employment will actually have a day off, the rules are not limited by the rules. He can open his point of sale and stand behind the counter in person or commission it to a person with whom a civil law contract has been concluded.

Trade during holidays and a franchise and agency agreement

Importantly, people who run stores on the basis of a franchise or agency agreement often not only can, but must open a store on a day off. This is due to the requirements that were introduced into the contract between the franchisor and the franchisee. The goal is, of course, increased revenue even on non-working days. In the event that the franchisee wishes to resign from such a provision in the contract, he may, of course, address it to his contractor, but he has no right to make an absolute request to him. In this case, everything depends on the decisions of the parties.

In order to be able to work during Sundays, continuous shift work or employment under civil law contracts is used, which both the company and its employees lose. Therefore, it is not yet fully determined whether the indicated changes are actually likely to enter into force.