On 23rd October, the Sejm (Polish lower house of parliament) passed a bill on the National Day for the 100th anniversary of regaining independence. The bill, which establishes 12th November 2018 as a day off from work, will now go to the Senate (the upper house). If the bill is adopted by the Senate, it will be submitted to the President of the Republic of Poland for signature. We will inform you about the final wording of the bill after the President of the Republic of Poland has signed it.
What exactly does the new bill state?
The provisions of the bill deem 12th November 2018 as a non-working day, but it will not be a day covered by the ban on trading. In addition, the first draft of the bill was amended to provide health care in hospitals and public outpatient clinics "as planned", according to the order in which the patients had appointments. Public pharmacies were also excluded from the provisions of the Act, and they are obliged to ensure the availability of services in the powiat (county) on days off from work.
What should be done?
The statutory establishment of an additional day off during a calendar year raises many questions, doubts and organizational problems in enterprises. If the bill in its current wording is signed by the President, 12th November 2018 should be treated as any other non-working public holiday, with all the consequences resulting from the provisions on public holidays.
Therefore, we recommend paying particular attention to the following issues:
- The work in the scope of Article 15110 of the Labour Code, i.e. continuous work, shift work, work in the need for necessary repairs, work in protection of property and persons, farming, restaurants, hotel industry, etc. can be performed during the holiday.
- In case the work will be performed in the cases provided for above, the employer is obliged to provide employees a different day off from work - during the settlement period.
- Work schedules, which should be changed one week in advance, if possible, and due to the special circumstances.
- Holiday equivalent should be recalculated for employees who have terminated their employment contracts after the entry into force of the provisions of the bill.
- In the case of the deadline based tasks - there might be a need to order employees to work overtime due to the special needs of the employer and to recalculate the deadlines for the execution of orders counted in working days.