Constitutional Tribunal Ruling – Public Holiday Falling
On Saturday
Art. 130 § 21 of the Labor Code has been deemed
contrary to the Constitution and repealed as of October 8, 2012 by
the Constitutional Tribunal in its judgment (K 27/11) of October 2,
2012. According to the rule introduced by the challenged
regulation, if a holiday - based on the adopted working time
schedule - fell on a day-off pursuant to a working time schedule in
the five days' working week (usually on Saturday), such a
holiday did not trigger any decrease of the working time. It was an
exception to the general rule laid down in the Labor Code that each
and every holiday within a reference period which falls on any
other day than Sunday reduces the working time by 8 hours (Art. 130
§ 2 of the Labor Code). CT stated that the challenged
regulation could have adversely affect the situation of some
employees as compared to other employees. The aforesaid CT judgment
reinstates the legal status that was