HUP Association of Small and Medium Enterprises: The Decision to Ban Sunday Work Creates Serious Challenges

The HUP Association of Small and Medium Enterprises stated on Monday that the decision to ban Sunday work creates serious challenges for the economy, particularly for small retailers.

The Association expressed concern and dissatisfaction regarding the recent decision of the Constitutional Court on Sunday work, which, as they point out,’poses serious challenges for the economy, with a special emphasis on small retailers’.

The legal decision, which is described in the reasoning of the Constitutional Court as a limitation of entrepreneurial freedoms, raises questions about the true motives and objectives of such a solution, the Association notes.

They point out that they have detected a series of inconsistencies brought about by the decision to ban Sunday work. Primarily, the large number of exceptions to the ban on Sunday work encourages the creation of new formats.

– If the situation of numerous exceptions is tolerated, then small shops, especially those related to tourism, should also be included among the exceptions. This solution causes many shops to register for activities they do not normally engage in, in order to sell products for which they have registered – said the Association.

They also note that among the arguments in making the decision of the Constitutional Court, it was emphasized that with good planning, groceries can be purchased a day earlier. However, the question arises as to why other goods are not treated in the same way, they say in the Association.

Where is the balance here?

Additionally, concern was raised about the balance between private and business life, while in other establishments employees normally work on Sundays, currently due to pressure, three times more than usual.

On Sundays, they say in the Association, work is done in numerous activities such as cafes, restaurants, hotels, gas stations, and betting shops.

The Association emphasizes that the decision that shops will only be able to operate 16 Sundays out of a possible 52, in a country where tourism accounts for about 25% of GDP, nullifies all efforts for year-round tourism and directly affects the sustainability of small shops that depend on tourism.

They believe that the mentioned decision of the Constitutional Court is a significant blow to shops in rural areas and neighborhoods where small stores are often the only available shops, and there is no possibility of transferring to other stores.

– To ensure the sustainability of all economic entities in changed business conditions, it is necessary to conduct a professional and careful review of the current legislative framework – emphasized the president of the HUP Association of Small and Medium Enterprises Petar Šimić.

To address this issue responsibly and appropriately, as he said, the HUP Association of Small and Medium Enterprises emphasizes the necessity of initiating the drafting of a law in such a way that Sunday work is defined by the Labor Law, where it belongs.

– The new legal solution should give entrepreneurs the option to choose whether to work on Sundays and strengthen state institutions and inspections to have the capacity to enforce control and appropriate punishment for the abuse of the obligation of higher payment for Sunday work – they emphasized from the HUP Association of Small and Medium Enterprises.

In this way, as they stated, workers can choose their employer based on whether they have chosen to work on Sundays or not.