Entrusting employees and workers to work on most Sundays and holidays is prohibited in the retail sector.

The ban covers employees and other workers, including those providing services under civil law contracts. 

The work shall be assigned by the employer or supervisor.

The employer or the person who, as a supervisor, entrusts work on Sundays or public holidays - in the form of an order, work schedule or timetable - may be liable. It could be an employer (a board member giving a performance order that forces you to work on Sundays), a manager (e.g. a shop manager) or even a direct supervisor. Entrusting work to a trader on Sundays or public holidays may be punishable as both an offence and a criminal offence.

Crime or offence?

It is the employer's attitude that determines whether entrusting a person to work against prohibitions is a criminal or a misdemeanour. If he acts maliciously or persistently, he will be liable for a criminal offence, in other cases for a misdemeanour.

A criminal offence is punishable by a fine (theoretically up to PLN 1,080,000) or restriction of freedom (up to 2 years) and a misdemeanour is punishable by a fine of up to PLN 100,000. The police will investigate the offence under the supervision of the public prosecutor.

The case may also come to light during an inspection of the State Labour Inspectorate - and it may itself impose a fine (up to PLN 2,000) or file a motion to the court to punish for the offence. It may also report the matter to the police - if it considers that entrusting work on Sundays or public holidays was malicious or persistent and constituted a criminal offence.

Source: BiznesTuba
Date: 12 January 2022
Language: Polish