Stricter regulations on trading on Sundays already from 2022?

Wpis dostępny jest także w języku: polski

President Andrzej Duda has signed an amendment to the Act on the restriction of trade on Sundays and holidays, which is intended to prevent entrepreneurs from exploiting a loophole in the existing regulations. Currently, many chains are choosing to convert their shops to postal outlets in order to be able to sell also on Sundays. If the law is published in the Journal of Laws (Dziennik Ustaw), the new restrictions will take effect from 1 February 2022.

According to the amendment to the law signed by the President, for a retail outlet to be able to operate on Sundays using the exemption provided for postal outlets, more than 40% of its revenue must come from the post. This means that many chains, which until now have been transformed into postal outlets, will no longer be able to trade on Sundays.

The changes have also affected natural persons conducting commercial activity. The amendment assumes that if they decide to open outlets on Sundays, they will not be able to rely on hired employees. In addition to the owner of the premises, only family members will be able to provide services on Sundays, and they will do so as unpaid help. It is important to note that family members who are permanently employed in an establishment will not be able to provide this form of support.

Changes in exemptions from the ban

The amendment will also cover first-sale centres, which have been removed from the list of exemptions. The rules concerning trade in fish will also change, and from the moment the legislation comes into force, fish farms, fishing vessels and those outlets which are exclusively involved in the collection of fish products will be able to sell fish products on Sundays. In addition, establishments selling consumables for agricultural machinery, materials used in the day-to-day running of agricultural machinery or tools for replacing spare parts in agricultural machinery will also be able to sell on Sundays from 1 June to 30 September each year. Another industry that can count on the extension of exemptions are establishments that buy products of agricultural origin, such as cereals, rapeseed, and sugar beet.

Tightening the provision on predominant activity

The amended law defines exactly what the predominant activity means for exempted establishments, such as florists and cake shops. According to the regulations, the predominant activity refers to the information provided in the application for entry in the National Official Register of Entities of the National Economy and includes that type of activity that generates at least 40% of revenue from retail sales. In addition, establishments benefiting from exemptions based on the predominant activity will be required to keep records of monthly sales revenue, which can be checked by an inspector of labour. The manner of keeping records and the specimen thereof will be presented in the form of an ordinance by the minister responsible for public finance. Sanctions will be imposed for failing to keep records or keeping them in a manner inconsistent with the regulations.

If the act is published in the Journal of Laws without delay, it will come into force three months after being announced. This will most likely happen on 1 February 2022.