November 12, a day off from work, but is it for everyone?


On the occasion of the 100th anniversary of regaining independence by the Republic of Poland, an act was passed according to which the day following November 11 will be a national holiday. Despite the fact that the act is short and is of a one-off nature, its entry into force will cause considerable confusion not only in workplaces, but also among officials. What can we expect in connection with the November 12th day off work?

November 12, a day off from work, but not for everyone

Most employees are enjoying the extra day off work and are already planning how to use it. However, not everyone will get the opportunity to rest. The act clearly indicates that on that day the following will operate:

  • health care facilities,

  • generally accessible pharmacies.

What's more, on November 12, there is also a ban on trading, although the law originally provided for the possibility of shops working on that day. Ultimately, this provision was abandoned.

Failure to prepare workplaces

Making November 12 a day off will disrupt the workflow of many companies. Undeniably, the aim of the law is laudable, but the government does not give entrepreneurs time to prepare for such changes. It will be necessary to modify employee working time schedules, postpone the deadlines for the execution of orders or orders as well as previously arranged meetings. One day can disturb the organization of the entire month. Of course, the most important aspect is the loss of the income that can be achieved on that day.

On November 12, all offices and courts will also be closed. What about hearings scheduled for this day? What about people who want to get married on this day in the registry office? Nobody knows the answers to these questions yet.

What else will the extra day off during the year bring?

The subject itself raises a lot of controversy. The act appeared overnight and many questions arose in connection with its entry into force.

Making November 12 a day off from work also results in:

  • the need to pay 100% of the salary supplement or compensation for another day off for work on that day,

  • lowering the wage for piecework workers, it is here that the employee's salary depends on the hours worked,

  • recalculation of the indicator necessary to determine the equivalent for annual leave, which is calculated, inter alia, based on the number of days off during the year,

  • change of the nominal working time in November in connection with an additional holiday,

  • recalculation of the night work allowance in November,

  • a larger allowance for overtime work.

Who can work on a public holiday?

The Labor Code gives you the opportunity to work on holidays. This is allowed in the cases specified in article 15110.

art. 15110 Of the Labor Code

Work on Sundays and public holidays is allowed:

1) if it is necessary to conduct a rescue operation in order to protect human life or health, property or the environment, or to remove a failure;

2) in continuous traffic;

3) shift work;

4) with necessary repairs;

5) in transport and communication;

6) in company fire brigades and rescue services;

7) when guarding property or protecting people;

8) in agriculture and breeding;

9) when performing work necessary due to their social utility and the daily needs of the population, in particular in:

a) (repealed),

(b) establishments providing services to the public

c) gastronomy,

d) hotel establishments,

e) municipal economy units,

f) health care facilities *) and other health care facilities intended for people whose health condition requires 24-hour or all-day health services,

g) organizational units of social assistance and organizational units supporting the family and foster care system ensuring round-the-clock care,

h) establishments operating in the field of culture, education, tourism and leisure;

10) in relation to employees working in the working time system in which the work is performed only on Fridays, Saturdays, Sundays and holidays;

11) when performing the work:

a) consisting in the provision of services with the use of electronic communication means within the meaning of the provisions on the provision of electronic services or telecommunications devices within the meaning of the provisions of the telecommunications law, received outside the territory of the Republic of Poland, if in accordance with the provisions applicable to the recipient of the service, the days referred to in art. 1519 § 1, are working days with him,

b) ensuring the possibility of providing the services referred to in point (a). and.