Employees must be given an additional day off where their scheduled rest day (other than a Sunday) falls on a bank holiday, according to the Constitutional Tribunal.

The tribunal ruled that a provision introduced into the Labour Code from 1 January 2011 was unconstitutional for stating that an employee’s scheduled day off did not reduce their working time if it fell on a bank holiday

The unconstitutional provision will expire when the Constitutional Tribunal’s judgment is published in the Journal of Laws, which should happen within the next few days. This means that employers will be subject to the rules in force before 1 January 2011, which require them to give an additional day off to any employee whose scheduled rest day falls on a bank holiday (except Sunday).

Law: Article 130 § 21 of the Polish Labour Code; Verdict of the Polish Constitutional Tribunal dated 2 October 2012 (K 27/11)