Day off for a holiday falling on a Saturday in 2023
23 October 2023
In general, holidays are non-working days. If a holiday falls on a Sunday, the employer is not obliged to ‘compensate’ employees with a day off. However, if a holiday falls on a Saturday, a day off from work has to be granted to employees within the current settlement period.
Currently, there are 13 public holidays in Poland, which include:
- 1st January – New Year’s Day
- 6th January – Epiphany
- Easter Sunday – a holiday that always falls on a Sunday
- Easter Monday – a holiday that always falls on a Monday
- 1st May – State Holiday, Labour Day
- 3rd May – Constitution Day
- Pentecost – a holiday that always falls on a Sunday
- Corpus Christi
- 15th August – Assumption Day
- 1st November – All Saints’ Day
- 11th November – Polish Independence Day
- 25th December – Christmas Day
- 26th December – Second Day of Christmas
Day off for a holiday falling on a Saturday and the Labour Code
According to Article 130 § 2 of the Labour Code, ‘each holiday occurring in the settlement period and falling on a day other than Sunday reduces the working time by 8 hours.’ This right is confirmed by the Constitutional Tribunal (file no. K 27/11), which emphasized that ’employees are entitled to have a day off for holidays falling on non-working days, for example, Saturdays, and it is not possible for the employer to request work on these holidays.’
Rules for granting a day off for a holiday falling on a Saturday
It should be noted that the employer is obliged to grant a day off for a holiday falling on a Saturday by the end of the settlement period. In cases where the settlement period is longer than a month, for example, a holiday falling on 1st January a day off can be provided as late as 31st December given an annual settlement period. In standard, one-month settlement periods, a day off should be granted to the employee within the same month.
Another important aspect is how the day off is provided to employees. The employer is required to set a specific date for the day off or grant employees the right to choose from several dates. Employees then have the option to take the day off at the most convenient time for them.
Important details in granting a day off for a holiday falling on a Saturday
It is possible to grant an employee a day off for a holiday falling on a Saturday after the end of the settlement period, but only upon the submission of a relevant application by the employee. It should be considered that in the event of an inspection by the State Labour Inspectorate, it will be mandatory to provide detailed reasons for the employee not taking the day off within the specified timeframe.
Another crucial issue is the submission of a medical certificate by the employee on the day decided by the employer as a day off for a holiday falling on a Saturday. In the event of an employee having a medical certificate on the day chosen by the employer as a day off for a holiday falling on a Saturday, the employer is not obliged to ‘compensate’ the employee with an additional day off for non-utilization. It is understood that the employer has fulfilled its obligation, and the non-utilization of the day off is at the employee’s expense.
It should be noted that the employer is obliged to grant the entire day off, and it is prohibited to provide the day off ‘in instalments,’ such as a few hours per day. Violating the five-day work week can result in a fine for the employer.
Day off for a holiday falling on a Saturday and work in a weekend system
If an employee is covered by a weekend employment contract, meaning they work on Fridays, Saturdays, Sundays, and holidays according to Article 144 of the Labour Code, the employer is not obliged to grant a day off for a holiday falling on a Saturday.
Granting a day off for a holiday falling on a Saturday and consequences for employers
Failure to grant an employee a day off for a holiday falling on a Saturday is a violation of basic employee rights and is subject to a fine ranging from 1,000 to 30,000 PLN.
It is important that, according to Article 151 § 2 of the Labour Code, in addition to the penalty for not granting an employee the day off, the employer is obliged to pay the employee a compensation and a supplement for overtime hours resulting from exceeding the average weekly working time, at a rate of 100% of the salary.
If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.
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