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ARTICLE · 05 NOVEMBER 2012

Labour Law

On August 24, 2012 regulations concerning changes in the way accidents at work of non-employees (including persons hired under civil contracts) are evidenced came into force.

PolandEmployment and HR
Roch Pałubicki
Roch Pałubicki

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Art. 130 § 21 of the Labor Code has been deemed contrary to the Constitution and repealed as of October 8, 2012 by the Constitutional Tribunal in its judgment (K 27/11) of October 2, 2012.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

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