December is an exceptionally busy period for the retail sector, with increased customer traffic, Christmas shopping, numerous promotions and, importantly, three Sundays when retail trading is permitted. This also means that retailers need to ensure adequate staffing on all three days.
How can employers organise work schedules without breaching statutory working time limits, while ensuring that employees receive their required rest periods and avoiding potential legal violations and penalties?
For employers in Poland's retail sector, December presents particular challenges when it comes to workforce scheduling and compliance with labour law.
Properly scheduling working hours in December requires employers to consider not only the rules governing Sunday trading in Poland but also the general working time regulations. Find out how to plan employee work schedules in the retail sector in compliance with the Polish Labour Code.
Working on trading Sundays – what does Polish law say?
Under Article 5(2) of the Polish Act on Restrictions on Retail Trading on Sundays, Public Holidays and Certain Other Days, employers are generally prohibited from assigning employees or other persons engaged to perform retail work or retail-related activities on Sundays and public holidays. Certain establishments specified in Article 6 of the Act are exempt from this prohibition.
However, Article 7(1) of the Act provides exceptions for the following Sundays:
- The three consecutive Sundays immediately preceding Christmas Eve;
- The Sunday immediately preceding Easter Sunday;
- The last Sunday in January, April, June and August.
Employers may therefore schedule retail work on these Sundays. However, several important legal requirements must be taken into account.
Three trading Sundays in December – how many can an employee work?
Following the legislative amendment of 6 December 2024, which made Christmas Eve a statutory public holiday in Poland, three trading Sundays are permitted in December, starting from 2025.
However, when preparing employee work schedules for December, employers must comply with Article 7 of the Act of 10 January 2018 on Restrictions on Retail Trading on Sundays, Public Holidays and Certain Other Days (Journal of Laws of 2025, item 301). Under this provision, an employee or other person engaged in retail activities may work on no more than two of the three trading Sundays preceding Christmas Eve.
In the case referred to in paragraph 1(1), an employee or other person engaged may perform retail work or retail-related activities on no more than two Sundays.
This means that employers cannot schedule the same employee to work on all three trading Sundays before Christmas Eve.
Working on trading Sundays – employers' obligations when scheduling working hours
Compensatory time off for Sunday work – when must it be granted?
Under the Polish Labour Code, employees who work on a Sunday must be provided with a compensatory day off:
- Within the six calendar days preceding or following the Sunday on which they worked;
- If this is not possible, by the end of the applicable working time settlement period;
- If granting a compensatory day off is also impossible within that period, the employee is entitled to an additional payment of 100% of their standard hourly remuneration for each hour worked on that Sunday.
How many Sundays off must employees receive?
When preparing work schedules for the pre-Christmas period, employers must ensure that employees have at least one Sunday off in every four consecutive weeks.
Daily and weekly rest periods when working on Sundays
Scheduling employees to work on trading Sundays does not exempt employers from complying with other statutory working time requirements under Polish labour law.
A properly prepared work schedule must provide employees with:
- At least 11 consecutive hours of daily rest;
- At least 35 consecutive hours of weekly rest.
Working on Sundays in accordance with the work schedule
If work on a trading Sunday has been properly scheduled and does not breach applicable working time regulations, employees are generally required to work in accordance with their established schedules.
Exceptions may apply where employees are entitled to special statutory protections or where other provisions of Polish labour law apply.
What are the consequences of incorrectly scheduling work on trading Sundays?
Employers should be aware that incorrectly scheduling work on trading Sundays may result not only in breaches of statutory requirements, but also in employee claims and financial penalties.
When preparing work schedules, particular attention should be paid to the restrictions outlined above, as established by the Polish Act on Restrictions on Retail Trading on Sundays, Public Holidays and Certain Other Days and the Polish Labour Code.
By ensuring compliance with these requirements, employers can manage the peak Christmas trading period without exposing their businesses to unnecessary risks during inspections by Poland's National Labour Inspectorate (Państwowa Inspekcja Pracy – PIP).
Need support with compliant working time scheduling?
PKF BPO's HR and payroll experts help employers ensure compliance with Polish labour law. Contact us to discuss solutions tailored to your business needs.