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News & Media

Extending the ban on working in retail sale during holidays is effective from 1 June 2017

Date: 25/04/2017

In accordance with the valid Labour Code, an employee may be ordered work during holidays only in exceptional, necessary cases precisely defined by the law, if this work cannot be performed on working days (e.g. urgent repair work, loading and unloading work, inventory taking and book-closing works, work in continuous operation, work to avert danger, necessary work with respect to satisfying the life, health and cultural needs of the population, urgent work in agriculture, work needed to guard the employer´s premises, etc.).

On 1 January, on Easter Sunday, on 24 December after 12.00 am and on 25 December an employee cannot be ordered work or agree on work, which is sale of goods to the final consumer, including any related work (the "Retail sale") with the exception of Retail sales according to Annex 1a to the Labour Code (petrol stations, pharmacies, airports, ports, public transport, hospitals, sale of tickets and sale of souvenirs).

The current ban on working in Retail sale during the above stated 3 and a half days in a year following the amendment to the Labour Code is being extended with effect from 1 June 2017 to a total of 15 and a half days in a year. These are the following days:

-      1 January,

-      6 January,

-      Good Friday,

-      Easter Sunday,

-      Easter Monday,

-      1 May,

-      8 May,

-      5 July,

-      29 August,

-      1 September,

-      15 September,

-      1 November,

-      17 November,

-      24 December after 12.00 am,

-      25 December,

-      26 December.

We note that this is not only the ban on working at the cash desk, but also work of adding goods to shelves, cleaning the shop and other works related to the Retail sale.

The exemption from this ban further applies to Retail sales in the establishments listed in Annex 1a to the Labour Code as above and was extended to operations relating to Retail sale of flowers on 8 May, 1 September and sale of flowers and objects designed for the decoration of the tomb site on 1 November.

The ban in question applies only to employment based relations and does not apply to entrepreneurs – natural persons, who secure such retail sale themselves, without any employees. However, if they employ other persons, then the ban also applies to them.

For further questions or information, do not hesitate to contact the author of the article.

Mgr. Martina Poliačiková
Senior Associate
E: martina.poliacikova@rc-cms.sk