In what situations is work allowed on Sundays and public holidays?


Not everyone knows that work on Sundays and public holidays is a common phenomenon in many professions. It is worth reading about the situations in which an employee can perform his duties while others have time off.

Work on Sundays and public holidays - legal basis

Work on Sundays and public holidays is in line with article 151 of the Labor Code.

Art. 15110. Work on Sundays and public holidays is permitted:

1) if it is necessary to conduct a rescue operation in order to protect human life or health, property or the environment, or to remove a failure;

2) in continuous traffic;

3) shift work;

4) with necessary repairs;

5) in transport and communication;

6) in company fire brigades and rescue services;

7) when guarding property or protecting people;

8) in agriculture and breeding;

9) when performing work necessary due to their social utility and the daily needs of the population, in particular in:

a) establishments providing services to the public,

b) gastronomy,

c) hotel establishments,

d) municipal economy units,

e) health care facilities *) and other health care facilities intended for people whose health condition requires 24-hour or all-day health services,

f) organizational units of social assistance and organizational units supporting the family and foster care system ensuring round-the-clock care,

g) establishments operating in the field of culture, education, tourism and leisure;

10) in relation to employees working in the working time system in which the work is performed only on Fridays, Saturdays, Sundays and holidays;

11) when performing the work:

a) consisting in the provision of services with the use of electronic communication means within the meaning of the provisions on the provision of electronic services or telecommunications devices within the meaning of the provisions of the telecommunications law, received outside the territory of the Republic of Poland, if in accordance with the provisions applicable to the recipient of the service, the days referred to in art. 1519 § 1, are working days with him,

b) ensuring the possibility of providing the services referred to in point (a). and.

It should be remembered that on a public holiday, PIP may inspect the employer and assess the conditions under which work is performed during statutory holidays. A fine is imposed on the employer in the event that PIP notices any shortcomings or violations of the provisions of the Labor Code.

Salary supplement or an additional day off for work on Sundays and public holidays

This issue is regulated by Art. 151 of the Labor Code.

Art. 15111§ 1. An employee performing work on Sundays and public holidays, in the cases referred to in Art. 1519a paragraph. 3 and art. 15110 points 1-9 and 11, the employer is obliged to provide another day off:

1) in exchange for work on Sunday - in the period of 6 calendar days preceding or following such Sunday;

2) in exchange for work on public holidays - during the accounting period

On the other hand, an employee who is unable to grant an additional day off from work is entitled to a salary supplement. Then the allowance is 100% as for overtime work and it is calculated for each hour of work on a holiday or on a Sunday.