The Polish Parliament recently passed a bill (the “Bill”) introducing a new public holiday on 24 December for Christmas Eve. The Bill also increases the number of Sundays preceding Christmas Eve on which trade is allowed (as exceptions to the general ban on trading on Sundays) from two to three.
The Bill was signed by the President on 24 December 2024 and is expected to take effect on 1 February 2025.
Key details
Introduction of Christmas Eve as an official day off from work
Starting from 1 February 2025, Christmas Eve will be a permanent official day off from work for all employees, increasing the total annual number of paid public holidays in Poland from 13 to 14 days.
Work on public holidays is only permitted under a limited number of exceptions, such as shift work. The exceptions are listed here (opens a new window) on the Ministry of Family, Labour and Social Policy’s website.
If an employee is required to work on a public holiday, the employee is entitled to regular remuneration for each hour of work, and either a day off in lieu, regardless of the number of hours worked, or an overtime allowance of 100% additional remuneration for each hour worked.
Increase in the number of Sundays before Christmas Eve on which trade is permitted
The Act of 10 January 2018 (the “2018 Act”) prohibits trade (sales involving the exchange of goods or products for money) and related activities, such as in the storage or inventory of goods, in commercial establishments (shops, warehouses, sales offices, etc.) on Sundays and public holidays.
The prohibition mostly applies to retail businesses and does not apply to 32 specific categories of retail businesses such as pharmacies, gas stations, and bakeries, amongst others, as set out in the 2018 Act here (opens a new window).
Notwithstanding the general ban on trade on Sundays, the 2018 Act sets out certain Sundays on which trade is allowed (known as “shopping” Sundays), usually before major holidays, to provide consumers the opportunity to shop on those Sundays.
For the Christmas season, trade is currently allowed on the two Sundays preceding Christmas Eve. Starting from 1 February 2025, trade will be allowed on the three Sundays preceding Christmas Eve. For 2025, this means that trading will be allowed on the three Sundays falling on 7, 14 and 21 December 2025.
Lockton comment
Employers should be aware that the Bill prohibits employees in retail businesses covered under the 2018 Act from working all three Sundays before Christmas Eve; they are only permitted to work two of them. As a result, employers will need to adjust employee schedules accordingly to ensure compliance.
Employer action: ACT
Employers should update their internal policies and practices and employment agreements, as needed, to reflect the changes. Employers should also ensure that one of the exceptions for work on public holidays applies whenever an employee is required to work on the new public holiday, and that payroll calculations are adjusted accordingly for the employee.
