On Wednesday, November 7, the Sejm adopted the Senate’s amendments to the act, which made November 12 a national holiday and a day off from work on the centenary of Poland regaining the independence of the Republic of Poland. Making November 12, 2018 a day off from work, has consequences for employers and employees. Let us discuss the effects of the act as proposed.
Working on public holidays
On November 12, the employer has the opportunity to admit the employee to work. Working on Sundays and public holidays is allowed in the situations specified in article 15110 of the Labor Code. According to its content, the performance of work is possible primarily in the sectors of gastronomy, agriculture, health care, hotel establishments, municipal economy units, i.e. mainly when performing work necessary for their social utility.
Work schedule changes
The employer is obliged to inform about its change at least 7 days before the month for which the schedule is drawn up. Exactly such a change is the additional day off on November 12. The deadline of 7 days for informing about this day off expired on October 23, so employers, in accordance with the Labor Code, are not able to notify employees about an additional day off in a timely manner and to make changes to the schedule.
Inequalities among workers
Workers should be treated equally and be entitled to a day off on the same public holidays. In contrast, the proposed law specifies exemptions, so some employees will have to work on November 12. They are, for example, employed by public hospitals, outpatient clinics and pharmacies, gas stations or uniformed services.
Holiday factor
The vacation factor is an important issue when calculating the equivalent for vacation leave when the employee does not use all vacation days. On its basis, the amount of the received equivalent is determined. It is mainly dependent on the number of days off during the year. Which means it is not a fixed and immutable value.
Until recently, the calculation for 2018 resulted in the following coefficient: [365 days – (52 Sundays + 10 public holidays + 52 Saturdays)]: 12 = 365 – 114: 12 = 20.92.
If we take into account the next bank holiday, November 12, the factor will be [365 days – (52 Sundays + 11 bank holidays + 52 Saturdays)]: 12 = 20.83.
The question then arises whether holiday equivalents already paid will have to be recalculated and compensations paid to employees. The differences can be significant.
It should also be remembered that the holiday equivalent must be paid in two situations – in the event of termination or expiration of the employment relationship. In all other situations, the employer is not obliged to do so, but may do so voluntarily.
Consequences of a holiday
The introduction of an additional day off will certainly mean undertaking additional organizational changes, such as re-setting the working time schedules. It will be most noticeable for industrial and economic districts, where work is most often associated with shift work that takes place continuously. It is likely that plants will not be able to afford to interrupt the continuity of production processes. In such a situation, they will be forced to incur double costs due to the payment of additional remuneration to the employee in the amount of 100% for each hour worked on a holiday. You should also remember about employees who are obliged to work regardless of the set day off, e.g. employees of PKP, MPK or gas stations. For such employees, the employer should also provide an additional day off or pay 100% for each hour worked.