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We are going to ask on Sunday for an amendment to the law on the prohibition of trade, said the president of the National Secretariat of Banks, Trade and Insurance of NSZZ Solidarność Alfred Bujara. As he added, the fact is that stores can not "claim to be a coffee".
As Bujara said, "Solidarity is aware that franchise networks have come up with another way to get around the Sunday trade restrictions." – As before, the post offices were pretending, some will pretend to be cafes – said Bujara.
Changes in trade
Recall that the bill on the limitation of trade on Sundays and public holidays and some other days of the Sejm had been submitted last week by PiS deputies. The proposal specifically states which post offices can be excluded from the trade ban.
"The exclusion from the commercial prohibition can only be used by post offices whose main business is to provide postal services within the meaning of the law," explains the explanation.
On Thursday, as part of the session of the Committee for Social Policy and the Family, in Sejm, the first reading of a draft law was planned. Solidarity, however, announces new amendments.
– I am going to ask for a change whereby the nature of the predominant activity will determine whether the indicated point of sale is a store or a cafe. Without this provision, some stores will soon offer their customers, in addition to their usual assortment, espresso coffee and, on this basis, they claim to be cafes and not commercial establishments, "said Bujara.
Call for solidarity
At the end of September, Solidarity unionists sent a letter to the Minister of Family and Labor, Elżbieta Rafalska, about the "immediate change" in Sunday's trade-restricting law.
Calls have been launched to change the rules, so the ban applies from 10pm on Saturdays to 5am on Mondays. Solidarność also asked to block the transformation of the stores into post offices and to clarify the provisions relating to trade in railway stations. Trade unionists also felt – another opinion on this subject had been held by the Ministry of Family and Labor Inspection – that the regulations in force prohibited the opening of stores to franchisees.
The Solidarity Officer, Elbieta Rafalska, Head of the Department of the Family, presented the Solidarity postulates regarding the changes made to the regulations restricting Sunday trade in early October.
The minister assured Radio Jedynka that she had read "the remarks and suggestions of Solidarity". – Some of Solidarność's proposals will be included in the amendment we are working on – stressed Rafalska.
As she explained, these include the provisions relating to the abuse of post offices. – There is indeed a situation in which some employers are overinterpreting and overinterpreting inconsistently with the legislator's intention. We are talking about the use of the provision for post offices – Rafalska said.
Clamping Regulation
The Trade Restriction Act on Sundays and Public Holidays came into effect on March 1 of this year. According to her, Sunday trading is only allowed on the first and last Sunday of each month of 2018 (with exceptions).
As of January 1, 2019, the provisions of the law limiting trade on Sunday will be strengthened – exchanges will be allowed on a Sunday on a month – the last. However, starting in 2020, the ban will not apply only on the last Sunday of January, April, June and August of each subsequent calendar year, as well as two consecutive Sundays preceding Christmas and the Sunday before Easter.
The law provides for a catalog of 32 exclusions. The ban does not apply, among other things, in confectioneries, ice cream shops, liquor stations, florists and news stores. A fine of 1,000 euros is imposed for the lifting of the trade ban on Sunday. PLN 100,000 PLN, and with the persistent violation of the law – the punishment of restriction of freedom.
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