Work on Sunday - what remuneration is the employee entitled to?
A non-working day is every Sunday and public holiday defined as a non-working day. Work on Sundays and public holidays is work performed between the hours of 6.00 am on that day and 6.00 am the next day, unless a different time has been established in a given workplace.
When is work on Sunday allowed?
Pursuant to the provisions of the Labor Code, work on Sundays and public holidays (including public holidays falling on Sundays) is prohibited in retail outlets.
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Important! Work on Sundays in commercial establishments is allowed if it concerns work necessary for their social utility and the daily needs of the population. |
In other workplaces, work on Sundays is allowed:
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if it is necessary to conduct a rescue operation in order to protect human life or health, protect property or the environment, or remove a failure,
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with a continuous work system,
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during shift work,
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with the necessary repairs,
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in transport and communication,
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in company emergency services and fire brigades,
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when guarding property and protecting people,
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in agriculture and breeding,
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when performing work necessary due to their social utility and the daily needs of the population, i.e. in:
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establishments providing services to the public,
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gastronomy,
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hotels,
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municipal economy units,
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health care facilities and other health care facilities intended for people whose health condition requires 24-hour or all-day health services,
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organizational units of social assistance as well as care and educational institutions, providing round-the-clock care,
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establishments operating in the field of culture, education, tourism and leisure.
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in relation to employees working in the weekend working time system.
Day off for work on a Sunday or public holiday
As already mentioned, work performed between 6.00 a.m. on a given day and 6.00 a.m. the next day is considered to be work on a Sunday or public holiday, however, the employer may set a different time.
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Important! The employer is obliged to provide the employee who performed work on Sundays and public holidays with another day off. He should do this:
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If it is not possible to grant a day off in exchange for work on Sunday within the above-mentioned period, the employer should grant a day off until the end of a given settlement period. If it is not possible to grant a day off, the employer is obliged to pay a salary supplement. The same applies to compensation for work performed on a holiday.
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Important!
If the employer grants the employee a day off for work on Sundays and public holidays, there is no obligation to pay a salary supplement. |
Wage supplement for work on a Sunday or public holiday
If an employee cannot get a day off for work performed on a Sunday or public holiday, then he or she is entitled to an allowance of 100%, as for overtime work. The supplement is payable for each hour of work on Sunday.
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Important! Weekend employees who work only on Fridays, Saturdays, Sundays and public holidays are not entitled to an allowance for work on Sundays and public holidays. |
Example 1.
An employee working from Monday to Friday, August 7, 2016 (Sunday), worked for 4 hours. In return for the work performed on Sunday, the employer is obliged to grant the employee a whole day off within 6 calendar days following the Sunday on which the employee worked.If it is impossible to grant a day off by the end of the settlement period, then the employee should receive remuneration for 4 hours worked on Sunday, August 7, 2016 and an allowance in the amount of 100% of the remuneration for each of the hours of work on Sunday, i.e. for 4 hours.
