The law introduced in 2018 prohibits shops from trading on Sundays and holidays. There are exceptions to the ban that entrepreneurs usage to open their facilities. Read the article, and you will learn what exceptions are and what the fresh ultimate Court judgments say about circumventing the ban on trade on Sundays.
Trade ban on Sundays – who does not apply?
The Act of 10 January 2018 on the regulation of trade on Sundays and holidays and on certain another days (hereinafter: the Act) prohibits trade in commercial establishments of the type: shops, wholesalers, stalls, stands, if the work is carried out by an worker or individual employed on a civilian contract.
In conclusion, the rules let trade on Sunday and holidays provided that the only the individual working is the owner.
At the same time, the Act provides for a number of exemptions erstwhile trade is not prohibited, regardless of who (owner or employees) does the work. Exceptions include:
- petrol stations,
- florists,
- pharmacy,
- facilities where the trade in public transport tickets, newspapers, tobacco products, etc. prevails (i.e. kiosks),
- Souvenirs or devocative establishments,
- Animal medicine,
- commercial establishments in cultural, sport, education, tourism and leisure establishments.
There are many exceptions – the full catalogue is in Article 6(1) of the Act.
How do entrepreneurs care about the ban on trade on Sunday?
Legal chance to trade on Sundays and holidays, provided the owner works, is utilized by the smallest entrepreneurs. moving tiny shops that can function erstwhile 1 individual works on the facility.
However, large commercial networks as well as entrepreneurs operating larger-area facilities or operating respective shops at the same time cannot benefit from this solution. 1 owner is incapable to deal effectively with a store the size of a marketplace or be in respective stores at once.
These entrepreneurs most frequently usage the exemption saying that the trade ban does not apply in commercial establishments in establishments active in the fields of culture, sport, education, tourism and leisure.
In addition to their regular business, related to the trade of goods, they introduce services to the store consisting of renting sports equipment, books or the anticipation of buying a trip. They believe that in this way they can legally open the store on Sunday and “behind the counter” put the employee.
Circumstantial trade on Sunday – what do the courts say?
In the last fewer weeks, the ultimate Court has issued 3 judgments recognising the cassations brought by the lawyer General at the request of the Chief Labour Inspector.
All cases afraid the usage of the exception for commercial establishments to trade in cultural, sports, education, tourism and leisure establishments. Sentencings are at the disadvantage of 3 entrepreneurs who, in their shops, as a side activity, created rental sports equipment and a library. Like this. celebrated the ban on trade on Sundays and holidays.
The territory court of the second instance found that entrepreneurs did not break the law with this action. However, the Chief Labour Inspector disagreed with this judgement and, through the lawyer General, applied for a cassation.
The ultimate Court argues in its cassation judgments that the wording of the provision is unambiguous: the prohibition does not apply “in commercial establishments in establishments active in the fields of culture, sport, education, tourism and leisure”. The provision so explicitly states that it is the establishment active in the fields of culture, sport, education, tourism and leisure that should be the main unit. Only a commercial establishment located on its territory can benefit from the exemption from the trade ban, not the another way around.
For these entrepreneurs, this means that their cases will return to re-examination by the territory court. The applicable message can already be found on the PIP website. Here..
Prohibition of trade on Sundays – summary
Entrepreneurs celebrated and proceed to celebrate the ban on trade on Sunday and Christmas beginning various rental shops in their stores. So far, the doctrine has been favorable to them and has held that specified action does not violate the law, but fresh ultimate Court judgments show that this may change.
