Sunday Work under the Labour Act and the Trade Act
Sunday Work under the Labour Act
The current Labour Act establishes a general rule that Sunday is a weekly day of rest for all workers in the Republic of Croatia.
Despite this, we are aware that certain sectors, such as manufacturing or service-related industries, as well as emergency services, require Sunday operations. In connection with this, the Labour Act now prescribes that employees working on Sundays are entitled to a 50% salary increase for each hour worked on that day.
This provision ensures that the Sunday pay increase is the only such increase determined by law and applies in all cases, regardless of the provisions of employers' internal acts that may not yet be aligned with the current Labour Act and which may provide the payment for working Sunday in a lower percentage.
Sunday Work in the Retail Sector
The latest amendments to the Trade Act were adopted in the Croatian Parliament on March 17, 2023, and will come into force on July 1, 2023. The need for these amendments arose from the fact that the existing Trade Act did not recognize non-working Sundays as the general rule for retail operations.
Adopting the aforementioned amendments to the Trade Act, that recognize Sunday as a non-working day in retail, will require changes in business practices and work organization in retail, with adherence to all new legal obligations. Therefore, it is essential for employers to ensure timely and accurate implementation of these new provisions in order to ensure respect employees' rights and avoid penalties for violating the Sunday work prohibition.
Non-Working Sunday – The Rule
The new amendments to the Trade Act regulate retail working hours by establishing that retail outlets are generally closed on Sundays and holidays. Retailers independently schedule their outlets' working hours from Monday to Saturday, with a maximum of 90 hours per week.
However, considering that the Croatian economy is significantly oriented towards tourism, which predominantly takes place during the summer months, as well as the fact that consumption in stores is intensified during the pre-holiday period, the legislator has provided the possibility of 16 working Sundays per calendar year, with retailers choosing these Sundays. The maximum number of working Sundays per year is determined in a way that it constitutes 30% of the total number of Sundays in one year (53 Sundays), considering the above-mentioned needs of economy.
In weeks with a working Sunday, the maximum permitted weekly working hours increase by 15 hours, making a maximum of 105 working hours from Monday to Sunday.
Exceptions to the General Rule of Sunday Work prohibition
The legislator has provided certain exceptions to the general rule prohibiting retail operations on Sundays. These exceptions include specific retail outlets located within or forming part of:
- railway and bus stations, airports, seaports open to public transport, inland navigation ports, aircraft and ferry services for passenger and vehicle transportation;
- gas stations;
- hospitals;
- hotels, cultural and religious institutions, museums, visitor centers or interpretation centers, marinas, camps, family farms;
- protected natural areas in accordance with special regulations.
Moreover, exceptions also apply to the purchase of primary agricultural products, the sale of own agricultural products on stands and benches at wholesale markets, occasional sales at fairs and public events, sales through vending machines, and distance sales.
Additionally, the legislator foresees that Sundays or holidays are considered working days for press distribution through kiosks between 7:00 AM and 1:00 PM.
Additional Remarks
To facilitate a smoother and more efficient adaptation for economic entities and retailers to the new provisions of the Trade Act, these changes will come into force on July 1, 2023. Furthermore, the legislator has determined that after the amendments to the Trade Act come into force, the 16 working Sundays will not include those Sundays that were already working days for retailers in 2023 prior to the implementation of these amendments
