Christmas Eve and Christmas fall on December 24 and 25 each year. In 2022, these two days will fall on a weekend. Does this mean that the employer will give us an extra day off during the week? Boxing Day is Monday, so the holiday weekend will be longer.
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It turns out that employers won’t give a day off for Christmas falling on a Sunday.
In art. 130. Article 2 of the Labor Code reads as follows:
Each public holiday occurring in the settlement period and falling on a day other than Sunday reduces the working time by 8 hours.
Sunday itself is already a public holiday and a day off. Thus, he is somehow excluded from the possibility of benefiting from a day off.
– Unfortunately, you will not be able to claim a day off for a public holiday falling on a Sunday. Article 130 § 2 of the labor code clearly specifies that each public holiday occurring in the counting period and falling on a day other than Sunday reduces working time by 8 hours – explains Dawid Jakubiec, trainee lawyer at Kupilas & Krupa in Bielsko-Biała.
This means that a day off is reimbursed to the employee for a public holiday falling on a Saturday and not a Sunday. As Dawid Jakubiec adds, if Christmas fell on a Saturday, then the employee could choose an additional day off.