Law 7/2011, From 12 August, To Amend The Law 92/2010, From 16 December, Shopping Hours And The Right To Weekly Rest On Sunday For People Who Work In The Trade

Original Language Title: Llei 7/2011, del 12 d’agost, de modificació de la Llei 92/2010, del 16 de desembre, d’horaris comercials i de dret al descans setmanal en diumenge per a les persones que treballen en el comerç

Read the untranslated law here: https://www.bopa.ad/bopa/023055/Pagines/6F1A6.aspx

Law 7/2011, from 12 August, to amend the Law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade since the General Council in its session of August 12th, 2011 has approved the following: law 7/2011, from 12 August from modification of the Law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade exhibition of illustrations and The flexibility of shopping hours has become a common measure in the neighbouring countries and in the European environment, due to the demands of consumers and, in particular, those of the tourists. Even in areas or towns declared timetable, the tourist total freedom is an increasingly widespread practice to take full advantage of the demand from visitors and increase their level of satisfaction. Thus, in a context of economic crisis, the flexibility of shopping hours has become a tool that allows you to generate activity and can have a positive influence on the income of workers and employment.

In Andorra, trade, mainstay of the economy, is no stranger to the general economic situation and also suffer from the adverse effects of the economic climate, with a decrease of the commercial activity and jobs in recent years. Thus, it is necessary to have an impact in this sector and give it a new impetus in order to provide it with more competitiveness and facilitate the response to the demand of our visitors. It is these objectives that is inspired by this law, to allow a greater flexibility of opening hours of shops in order to adapt them to the busiest commercial and tourist periods.

That is why it is necessary to amend certain provisions of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, without this modification involves, on the other hand, undermine the principles which inspired the aforementioned Law, and looking forward to the integration of the provisions of this law in a future general legislation on trading.

This law is composed of eleven articles and a final provision. Of the modifications provided in the text stands out, first of all, the introduction of collective agreements of company as a valid tool for employers and workers to establish by common agreement the times of opening and closing of the stores. In addition, modifies the system of predetermined maximum slots depending on the day of the week that foresees the Law 92/2010, by a system of maximum time slot only, with a maximum number of hours of opening week. This allows the employer of trade to be more flexible and reactive when it comes to adapt the opening hours of trading in the demands of the customers. In addition, the amendments provided the text of the Law 92/2010 give the Government the authority to determine a number of days in the year in which the opening hours of the shops exceed the maximum limit of the Strip in order to organize tourist and commercial promotional activities. We must also mention the modification of the closing days required, which means delete the mandatory closing of the 1st of may even consider it as a holiday, due to tourist demand for the differential effect of the neighbouring countries, and to introduce the possibility to suspend the compulsory closing of March 14, when appropriate at the weekend, on holiday or in a period of expected tourist influx. The law also provides for a mechanism of control of opening and closing schedules through advertising on the part of all the commercial establishments.

Finally, two additional provisions are introduced, the first of which urged the owners of commercial establishments to implement measures aimed at the reconciliation of work and family life of its employees, and the second requires the Government to present the revised text of the Law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade , in application of the principle of legal certainty.

Article 1 modifies the letter b of article 1 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is written as follows: "b") neighbourhood trade: establishment to the retail sale of groceries, confectionery, bakery products , prepared dishes, newspapers, flowers and plants and other products of necessity, with a maximum surface area destined to the public of one hundred and fifty square metres. "

Article 2 modifies article 2 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 2 opening hours and closing shops 1. The opening and closing hours of the shops are free, provided that they are established by a collective agreement or, moreover, through a sectoral collective agreement of labour.

2. If there is a collective agreement or a collective agreement sector of work, shops, in general, can open from 7 am and stay open until 10 p.m., with a maximum of 84 hours per week.

3. Despite the provisions of paragraph 2, the Government may determine, by regulations, up to a limit of 10 days a year, the dates on which businesses can open beyond 10 pm. In these cases, additional hours of opening are not calculated for the purposes of the calculation of the maximum limit of opening hours per week provided in paragraph 2 of this article. "

Article 3 modifies the article 3 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 3 extension of opening hours for shops and convenience stores to gas stations as an exception from the provisions of paragraph 2 of article 2 , the neighborhood shops and convenience stores to gas stations are exempt from compliance with the maximum limit of opening hours per week. "

Article 4 modifies the article 4 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 4 days of forced closure 1. All shops have closed the following days:


-January 1-March 14-September 8 – December 25.

2. Despite the provisions of the preceding paragraph, when on March 14, the case may be at the weekend, on holidays or in period of expected tourist influx, the Government, before the 1st of January of each year, determine the regulations forced the suspension of the closing day.

3. each common can determine, before 1 January of each year, up to three local public holidays close bound for stores.

4. The Government may prescribe, before January 1 of each year, or by the way of urgency, always so justified, limitations on the business opening hours for exceptional reasons.

5. The establishments dedicated to the tourist trade, as defined in the letter of article 1, shall be exempt from compliance with the provisions of paragraphs 1, 2 and 3 above. "

Article 5 modifies the paragraph 1 of article 5 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "1. It creates a tax on the petrol station convenience stores who want to open beyond the shopping hours fixed in article 3. It is a tribute to nature direct, national and State character.

Any other trading can benefit from the provisions of this article once it has been established by a collective agreement or, moreover, a sectoral collective agreement of work. "

Article 6 modifies the article 7 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 7 advertising of commercial schedules and administrative control 1. The shops have to expose the opening and closing hours for all days of the week, so that the information is visible to the public, even with the establishment closed. The Government determines the regulations the requirements and particularities of the signs and the type of information that should be included.

2. If the services of the Government confirmed an infringement in relation to the provisions of articles 2, 3, 4 and 5 and paragraph 1 above, in addition to collect the data and information necessary for the opening of the corresponding sanctions, should require who corresponds to correct immediately the breach. "

Article 7 modifies the article 8 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 8 Violations is a violation any breach of the conditions and requirements relating to shopping hours, the right to weekly rest on Sundays from employees of the trade , and also the provisions concerning the advertising of the timetable set out in this law. "

Article 8 modifies article 9 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 9 Penalties 1. The holder of the trade that violates the provisions of articles 2, 3, 4, 5 or 7 is sanctioned with a fine of 5 euros per square metre of commercial establishment.

2. The first recidivism in infringement of the provisions of articles 2, 3, 4, 5 or 7 is sanctioned with a fine of 25 euros per square metre of commercial establishment.

3. The second recidivism in infringement of the provisions of articles 2, 3, 4, 5 or 7 is sanctioned with a fine of 50 euros per square metre of commercial establishment.

4. Without prejudice to the provisions of law 35/2008 of 18 December, of the code of labour relations, the holder of the trade that violates the provisions of article 6 is sanctioned with a fine of 1,000 euros for each employee and Sunday in which has not respected the break set. Recidivism carries with it a penalty of double the amount of the financial penalty.

5. It is understood that there are recidivism when at the time of committing an infringement the holder of the trade has been the subject of condemnation to a firm decision by another offence within a period of two years immediately prior to the date on which the infringement committed. "

Article 9 modifies article 11 of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "Article 11 competent bodies 1. The competent bodies by steps and solve the sanctioning is the Minister in charge of trade services owner with regard to the breaches of the requirements relating to shopping hours and in the advertising of these times, and owner of the Minister in charge of labour services with regard to the violations of the right to a weekly rest on Sundays from employees of the trade.

2. The instruction of files corresponds to the designated by the Ministry in charge of the technical trade with regard to the breaches of the requirements relating to shopping hours and in the advertising of these schedules, and experts appointed by the Ministry in charge of the work concerning the violations of the right to a weekly rest on Sundays from employees of the trade. "

Article 10 adds to law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, the first additional provision as follows: "first additional provision of the commercial establishments have to promote active policies aimed at the promotion of the reconciliation of work and family life of its workers. The Ministry responsible for labour can check the measures implemented to this effect and the results obtained. "

Article 11 it adds to law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, the following additional Provision second additional provision: "second in charge at the Government that, within a maximum period of three months from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra , by Decree, and the revised text of the articles of law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, including all modifications and additions provided by this law. "

Final provision


This law comes into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, August 12, 2011 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra