- bill on prohibition of trade on Sundays is not consistent with the provisions of the labour Code,” – said in a conversation with the news Agency Newseria Biznes Robert fuller, a lawyer from the Law firm Raczkowski Paruch. – First, don’t decide which laws have priority, which may cause doubts. It is not known whether the provisions of the labor Code, permitting in certain situations, to work on Sunday-should be still used (as an exception), as well as new recipes should be considered as a special, which establishes an absolute ban. Definitely not resolved.
In the Sejm is working on civil project of law, developed trade UNION “Solidarity” on trade restriction Sunday. The design for the first reading, and working in committees. The aim of the new law is the limitation of the Sunday rotation, and other operations, sales outlets and other providing services for trade (distribution centers, warehousing, etc.). Partially restrictions would be covered also on Christmas Eve and Holy Saturday (until 14:00).
the Project assumes that the ban will cover not only working on an employment contract and persons that perform duties on the basis of civil-legal agreements (particularly Agency), or the franchisee, as well as temporary workers and outsourcowani (persons providing service to the one subject, and engaged the other).
- for Example, trade on Sundays is permitted in accordance with the provisions of the labour Code in the case of services to socially useful services for the population, said Robert fuller. – A new law it is not provided. This is the first problem.
the Second problem, according to Robert Stępnia, the ratio of the prohibition of such restrictions concerning the work of the public holidays arising from the provisions of the labour Code.
- Here also appear mismatch – indicates Robert fuller. Depending on the fact that the holiday falls on a Sunday or on another day, the work will either be allowed or not. If, for example, it appears that All Saints will be on Sunday, on a cemetery will operate in the case of the prohibition of trade, which seems like a big problem. If you roll, or else the ban will be gone. On the basis of the labour Code, contractors will not touch, then no limitations other than the usual Friday. Another example is Easter Monday.
Designed in its current form, the bill, according to Robert Stępnia, can be a significant limitation for the national trade sector. But it is not known whether they will respect and how wide is approved. As the situation looks today with the current trade ban during the holidays. Large companies usually adhere to this law, less is not always.
the Largest companies so recognizable and often controlled through various institutions that they will not be able to afford the violation of the prohibition, explains Robert fuller. – And in the case of small can go in a different direction. It is not excluded abuse and attempts to bypass the ban.
Against the bill favored the unions of traders and the Polish Organization of Trade and Industry Petroleum (gas station). A letter to the Prime Blows with an Awl on this issue sent a letter even the owners of the slot machines industry and trade, offering snacks.
Theoretically, it may happen that the law will appear within several weeks or months, predicts Robert fuller. But it may be that at the stage of work of the Seimas Committee will be referred to doubt, and the project will be changed. In my opinion, as a lawyer, requires it in several places fine tuning.
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