The feast of Epiphany is on Sunday, January 6, 2019. Should the employer be away from work? [6.01.2019]



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The Three Kings Festival is a permanent holiday, which means that each year falls on the same day. In 2019, January 6th falls on Sunday. In 2010, it was agreed that the day of the three kings would be a holiday. It should be remembered that until 1960 it was also a day off when the PRL Sejm decided it would be a business day. So, does the employer have to give the employee a day off for the holiday that falls on a Sunday?

Free for the Epiphany Festival 2019

Unfortunately, for vacations that fall on a Sunday, the employer is not obliged to give the employee a day off.

The length of the employees' working time is affected by any holiday recognized as a non-working day that occurs on a day other than Sunday, which means that if the epiphany was another day than Sunday, the day of the holiday is employer should leave the employee vacant. This will be, among others in 2020, when the day of Epiphany falls on Monday.

Holidays taking place on a different day than Sunday reduce working time by 8 hours (Article 130 of the Labor Code). On the other hand, the holiday that falls on Sunday, as in 2019, the Day of the Magi, does not affect the working time of the employees.

When is work free on Sundays?

If an employee has to work on a Sunday, the employer must leave it for the day. Plus, even an hour of work on Sunday gives the employee the right to take the whole day off!. For work done on Sundays and holidays, it is a work done between 6 am that day and 6 am the next day, unless a different time has been set for the given employer. In accordance with the provisions of art. 15111 of the Labor Code, an employee working on Sundays must use a non-working day during the six calendar days preceding or following that Sunday. The employer is obliged to give the employee all the day off, even if on Sundays he only worked for two or three hours, for example. If it is not possible to use a free day on the date indicated, the employee has the right to stay away from work until the end of the billing period. If it is not possible to grant such a day also during this period, the employee is entitled to a 100% surcharge. pay for each hour of work on Sunday.

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In accordance with the provisions of art. 15111 of the Labor Code, an employee working on Sundays must use a non-working day during the six calendar days preceding or following that Sunday.

Good to know:
Regardless of whether the employee is granted a day off on Sundays and holidays, employees are entitled to a cash supplement for overtime if their work exceeds the daily standard.


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