On 10th February the President of Poland signed into law the Act of 24 January 2014 Amending the Labour Code. The amendment expands the list of types of work that may be performed on Sundays and holidays. The purpose of the amendment is to provide more flexible working hours for staff at outsourcing centres providing services to foreign customers.
Under the amending act, an employer will now be able to assign work to an employee on a Sunday or holiday if:
- The services are provided by electronic means within the meaning of the Electronic Services Act of 18 July 2002 (consolidated text Journal of Laws Dz.U. 2013 item 1422) or using telecommunications equipment within the meaning of the Telecommunications Law of 16 July 2004 (Journal of Laws Dz.U. 2004 No. 171 item 1800, as amended), and
- The recipient of the services is outside of Poland.
An employer may also assign work to other staff on Sundays and holidays necessary to assure that the services described above can be performed. These employees need not perform work themselves involving such services.
A necessary condition for work to be assigned on a Sunday or holiday is that the Sunday, or the holiday set forth in the Act on Days Free from Work of 18 January 1951 (Journal of Laws Dz.U. 1951 No. 4 item 28, as amended), is a working day in the country where the recipient of the services is located.
Additional duties of employers
An employer is required to compensate an employee for work on a Sunday or holiday by providing the employee another day off during the 6 calendar days preceding or following a Sunday on which the employee worked, or during the working time settlement period in exchange for working on a holiday.
The amendment to the Labour Code does not change the rule that an employee working on a Sunday should enjoy a Sunday off at least once every 4 weeks.
The act will go into force 14 days after publication in the Journal of Laws.