Polish president signed an amendment clarifying the ban on Sunday trading

The president signed an amendment to the act on restricting trade on Sundays and public holidays and on certain other days, which clarifies the provisions regarding the ban on trading on Sundays and public holidays, the President's Chancellery announced.

The purpose of the Act of October 14, 2021 amending the Act on the restriction of trade on Sundays and public holidays and on certain other days is to eliminate the incorrect application of the exclusions contained in the Act, allowing for trade and activities related to trading on Sundays and public holidays, it was announced.

The act introduces changes to the act of January 10, 2018 on the restriction of trading on Sundays and public holidays and on certain other days.

The changes assume:
1.modification of the scope of exemptions from the prohibition of trade:

- the condition for excluding postal points of contact from the ban on trade from the postal nature of the prevailing activities of the post,

- removing, from the list of exemptions, trade in fish first-sale centers and restricting the possibility of trade in fish for sale of fish in fish farms, from fishing vessels and in commercial establishments dealing only with receipt of fish products,

- extension of exemptions to trade in commercial establishments trading in consumables for agricultural machinery, materials used in the course of current operation of agricultural machinery or tools for replacing spare parts in agricultural machinery (in the period from June 1 to September 30 of each calendar year),

- extension of exemptions to trade in commercial establishments where only the purchase of agricultural products is carried out, in particular cereals, rape, turnip rape, sugar beet, protein crops, other field crops, fruit, vegetables, raw milk or undergrowth;

2. statutory definition of the term "predominant activity", which is to mean the type of predominant activity indicated in the application for entry into the national official register of entities of the national economy, referred to in the Act of 29 June 1995 on official statistics (Journal of Laws of 1995, No. of 2021, items 955 and 1641), if this activity is carried out in a given retail outlet and constitutes at least 40% of the monthly income from retail sales within the meaning of the Act of 6 July 2016 on tax on retail sales (Journal of Laws No. . of 2020, item 1293).

3. enabling the entrepreneur who is a natural person (who trades only in person, on his own behalf and on his own account) to use the free help of his spouse, own children, children of the spouse, adopted children, parents, stepmother, stepfather, siblings, grandchildren and grandparents. People of the above-mentioned they cannot be employees or employed in a commercial establishment at an entrepreneur who benefits from their free assistance.

4.imposing the obligation on commercial establishments using certain types of exemptions from the trade ban to keep records of monthly sales revenue (the minister responsible for public finance will define, by way of a regulation, the manner of keeping records, the template for this record and the detailed content of entries in this record taking into account the need to ensure the proper keeping of records and the transparency, completeness and availability of the data contained therein). In the course of the inspection procedure, the labor inspector has the right to demand that the entrepreneur submit the above-mentioned records.

- introducing sanctions for failure to keep records of the monthly income of the facility, as well as for keeping such records in a manner inconsistent with the regulations.

The act will enter into force on the first day of the month following the lapse of 3 months from its announcement.

Source: ISBnews