- The Constitutional Court ruled that the constitutional concept of Sunday work is defined in law
- The court decided to stay proceedings on two main rulings. The first is the embargo. The second condition is a provision that lists exceptions to this prohibition
- The ruling was handed down by a five-judge panel of the Constitutional Court. Two judges gave a dissenting opinion رأي
- More such stories can be found on the homepage of Onet.pl
On Tuesday, the Constitutional Court ruled that the constitutional concept of performing work on Sundays is defined in law. According to the Regulations, it should be understood as “the performance of such work or activities by an employee or employee in a consecutive 24 hour period falling successively between 24.00 on Saturday and 24.00 on Sunday.”
The erroneous legislation of the provisions was also considered constitutional. The Leviathan Union indicated that the law entered into force on March 1, 2018, and was published in the Laws Journal on February 5, 2018. “Vacatio Tippani was only 23 days” – it was said.
The 23-day period, while atypical, was not excessively short, given the scope of the changes and the adjustment period specified in the Trade Restriction Act. Employers had the opportunity to adapt to these changes and direct their actions in such a way that the consequences of the solutions offered were not significantly felt – said Justice Justin Biskorsky in justifying the ruling of the Constitutional Court.
Meanwhile, the court decided to stay the proceedings on two main rulings. The first is the embargo. And it stated that “on Sundays and official holidays in commercial establishments, trading and carrying out trade-related activities, or assigning an employee or employee to work in trade and carrying out trade-related activities, is prohibited.”
The second condition is a provision that lists exceptions to this prohibition; According to the Leviathan Federation, it discriminates employees with regard to the freedom to work on certain days.
The ruling was handed down by a five-judge panel of the Constitutional Court. Two judges gave a dissenting opinion: Zbigniew Jordzigowski and Yaroslav Wyrimbak.
Work in Parliament on the Trade Restriction Act on Sundays, public holidays and some other days ended on January 10, 2018. President Andrzej Duda signed these regulations on January 30, 2018, and the law came into force on March 1, 2018.
Confederate Loyatan application was submitted to the Constitutional Court already in May 2018. In general, four provisions of the law have been challenged in this application, including the main article which states that “on Sundays and public holidays, commerce and commerce-related activities, it is prohibited to assign An employee or employee engaged in trade and carrying out trade-related activities.”
According to the applicants, this regulation “does not meet the criteria for permissible interference with freedom of work (…) because it produces effects incompatible with the image of a democratic state governed by law”, i.e. – in their opinion – leading to, for example, mass layoffs In some industries it leads to a decrease in income.
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Source: Onet / PAP
Date created: Today 10:37
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