New exemptions from the ban on operating shops on Sundays and work-free days
Through the last amendment to the Trade Act in 2020, the legislator prohibited, with certain exceptions, the operation of shops on Sundays and statutory work-free days. In our previous article Which traders can keep their shops open on Sundays and non-working days? we discussed in detail which traders were previously allowed to keep their shops open on Sundays and statutory work-free days, despite the general ban. In summary, under the current Trade Act, the shop operating ban does not apply to shops with a sales area of up to 200 square metres at petrol stations, border crossings, ports intended for public transport, airports, railway and bus stations and hospitals.
Soon after, partly due to the pandemic, the need to change the opening hours of certain types of shops became apparent. Thus, the Act on Intervention Measures to Assist the Economy and Tourism Sector (“ZIUPGT”) introduced last year additional temporary exemptions to the above-mentioned general ban on shop openings on Sundays and work-free days. The ZIUPGT provided that the opening hours of shops at airports, tourist information centres and museums could be set without restrictions. However, unlike the Trade Act, the ZIUPGT did not impose an additional condition, i.e. a maximum surface area of the shop. However, given that the measure under the ZIUPGT is temporary and only applies until 31 December 2022, a more permanent amendment was needed.
To this end, the Government recently approved a bill to amend the Trade Act, under which the exemptions on the operation of shops introduced by the ZIUPGT as temporary would be made permanent from next year. The proposed amendment to the Trade Act, like the ZIUPGT, also foresees the abolition of the maximum permitted floor area condition. If the legislator adopts the proposed amendment, it will allow shops at airports, tourist information centres and museums to operate permanently on Sundays and work-free days (i.e. after 31 December 2022).
While airport shops are covered by the current Trade Act operating ban exceptions, this exception has often not been applied in practice due to the exceeding of the maximum permitted area. However, under the new law, the opening hours of shops at airports, tourist information centres and museums will be completely unrestricted.
The Constitutional Court of Slovenia has, on foot of applications by numerous traders, on several occasions ruled on the constitutionality of the legal regulation governing the opening hours of shops. Most recently, in May of last year, the Constitutional Court adopted an opinion that the restriction of opening hours does indeed constitute an interference with the constitutionally protected right to free economic initiative but that the legislator has demonstrated the existence of a public interest. Therefore, according to the Constitutional Court, this interference is not excessive, as the legislator has managed to balance the interests of all those involved, i.e. consumers, workers and traders.
Given the position of the Constitutional Court and the pushback by trade unions, no significant changes to the general ban on the operation of shops on Sundays and work-free days are likely to be made in the foreseeable future. However, the need for an additional exception may become more apparent over time.
Authors: Klavdija Kek, Attorney-at-Law and Petra Juratovec, Student
