- Amendments to Currently Applicable Legislation
- July 4, 2014
- Law Firm: BSJP Brockhuis Jurczak Prusak Sp.k. - Warsaw Office
The act of 24th January 2014 on amending the Labour Code (Journal of Laws of 2014 item 208)
The catalogue of works the carrying out of which is permitted on Sundays and public holidays has been extended under the provisions introduced under the amendment. This concerns works consisting in the provision of services while using the means of electronic communication within the meaning of the regulations governing the provision of services by electronic means, as well as using the telecommunications equipment within the meaning of the provisions of telecommunications law, received outside of the Republic of Poland, provided that in accordance with the provisions applicable to the recipient of the services, the days referred to in Art. 1519 § 1 are working days for the recipient and it is possible to provide the abovementioned services on those days.
In the substantiation of the abovementioned amendment, consideration has been given to the specific nature of the market for the above services, and specifically the globalization thereof which means that the services under consideration are frequently provided from Poland to foreign entities located in another time zone and operating based on a different working week schedule and holiday calendar. Therefore, observation of non-working days in line with the provisions of Polish law could significantly reduce the effectiveness of providers of such services and result in the decreased competitiveness of Polish entities providing them. This concerns, first and foremost, entities providing services from within sectors such as Business Process Outsourcing, Shared Services Centre and IT-Outsourcing).