Legal Alert – Sunday Trading Ban

We would like to remind you that on 1 March 2018 came into effect the Act of 10 January 2018 on Limitation of Trade on Sundays, Public Holidays and Certain Other Days (Dz.U. of 2018, item 305).

Ultimately, the trading limitation provided for in the act will be in force on all Sundays and public holidays. However, under interim provisions, in 2018 the limitation will not apply on the first and the last Sunday of the month, while in 2019 – on the last Sunday of the month (provided that Sundays excluded from the ban in those years are not public holidays).Thus, the trading limitation will apply for the first time on 11  and 18 March 2018.

It is worth mentioning that the act provides for numerous exceptions, the entrepreneurs may take advantage of. On the other hand, limitation of the number of trading days may result in limitation of the entrepreneur’s revenues, with costs maintained at the same level. For these reasons we strongly recommend an extensive analysis of possibilities of trading and performing trade-related activities in certain retail outlets in accordance with the law.

In the light of the new provisions, particular attention should be paid to the following aspects:

the need to define whether a certain entity performs trade-related activities and is covered by a definition of the retail outlet;
differentiation of activities subject to the trading ban and permitted activities;
exceptions to the trading ban and principles of their application;
requirement to properly substantiate the core business that permits taking advantage of certain exceptions to the trading ban;
influence of new provisions on relations with lessors / lessees (e.g. admissibility of renegotiation of lease contracts);
employee-related issues stemming from a decrease of business days in a month (employment contracts, internal regulations, etc.).

We are ready to analyse the scope of your activity, giving due regard to the above aspects, in order to confirm the correctness of solutions adopted by you. At your request, we will also provide you with our recommendations as to the possibilities of application of exceptions to the trading ban at a certain retail outlet, and develop for you a new business model to be implemented in order to ensure that your activity is consistent with the new regulations. We also offer you our assistance in renegotiating  commercial and employment contracts, which may help to reduce the costs of your business.

If you wish to be provided with our assistance within the above-mentioned scope, please contact us.