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 December 16, 2010 has approved the following: 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 need to establish a regulation to serve as a legal framework for the exercise of the business activity is evident in an economy, such as Andorra, in which this sector has a vital importance. However, this regulation should be as open as possible, taking into account the provisions of article 28 of the Constitution, which recognizes the freedom of enterprise in the framework of the market economy. However, this provision cannot be assessed in isolation and it is necessary to put it in relation to other articles of the constitutional text, such as article 18, which recognizes the right of creation and functioning of business organizations, professionals and trade unions, or the article 29, which States that everyone has the right to work, to the promotion by means of work, to a remuneration that ensures the worker and his family an existence in human dignity as well as the reasonable limitation of the working day, to weekly rest and paid holidays. In this sense, and lack of a specific law that regulates completely commercial activity, this Law will regulate the commercial opening hours and the necessary layout between these times and the exercise of the activity in the sector.
The law States in its chapter regulating shopping hours. Specifically, the article first fix, for the purposes of the same law, the definitions of terms that are set forth in the following articles, and the second, third, fourth and fifth articles regulate the opening and closing times of commercial establishments, the days of forced closure by the sector and the opening of shops up to 24 hours; the sixth article establishes the right to weekly rest in ten Sundays at least by the person working in the trade. The articles contained in the second chapter establishes what are the infringements to the provisions and regulations regulate the administrative control and sanctioning procedure. Complete the rule a transitional and final provision, in which is specified the date of entry into force of the law.
Chapter first. Business opening hours Article 1 Definitions for the purpose of this law is meant by: a) trade: commercial establishment the main activity is the sale of retail products, with direct access from the street or in a gallery or shopping center.
b) neighbourhood trade: establishment dedicated to the retail sale of groceries, newspapers and other products of necessity, with a maximum surface area destined to the public of one hundred and fifty square meters and with a maximum of two salaried workers.
c) convenience store of petrol station: integrated establishment within the perimeter of a gas station dedicated to the sale of groceries, newspapers and other objects of necessity, of a maximum surface area of 150 square meters, so that the two business areas (fuel and store) are managed as a single unit, sharing the same space, the same staff and a single point of payment and that the physical space of the convenience store is integrated for the management of a gas station; understanding for management:-allocate means for the collection management of fuel-accommodates means for the management of means of payment: bank card, computer and cards business cards the oil companies-houses the control centre of the deposits: stocks and control of leakage-accommodates the petrol station's security systems: cameras, electrical panels , emergency stop.
-Home health care services to the petrol station.
tourist trade in the establishment of) retail located in museums, hotels, recreational and entertainment centers, and stores devoted primarily to the activity of rent of sport material in general.
Article 2 opening hours and closing shops 1. The opening and closing hours of the shops are free, provided that they are established by collective agreement sector of work.
2. lack of sectoral collective agreement to work, the shops, in general, can: a) open from the cercavila cremallera h.
b) remain open until 8 pm Monday to Friday.
c) remain open until 9.00 pm on Saturdays.
d) remain open until 7 pm on Sundays.
3. Notwithstanding the provisions of the preceding paragraph, the Government, before the first of January of each year, based on the periods of expected tourist influx determines regulations: a) additional dates other than Saturdays in which businesses can remain open until 9.00 pm. The number of additional days of open until 21.00 h cannot be longer than 57 per year.
b) bridges for our visitors. In the course of these bridges, shops may be open until 21.00 hours, with the exception that the last day of the bridge, just may remain open until 7:00 pm.
Article 3 extension of opening hours for shops and convenience stores to gas stations To exception to the provisions of article 2, the shops and convenience stores to gas station can remain open until an hour later than the time limit set.
Article 4 Days of forced closure 1. All the shops must remain closed the following days:-January 1-March 14-May 1-September 8 – December 25.
2. each common can determine, before 1 January of each year, up to three days of forced closure by the shops.
3. The Government may prescribe, before January 1 of each year, or by the way of urgency, always motivadament, limitations on the business opening hours for exceptional reasons.
4. The shops dedicated to tourism, is expressly defined in section d) of the article 1, are exempt from compliance with the provisions of paragraphs 1 and 2 above.
Article 5 tax on the activity of businesses that want to open up to 24 hours 1. It creates a tax on the petrol station convenience stores that want to stay open beyond the shopping hours fixed in article 3, as a tribute to nature direct, national character and national territorial scope.
Any other trading can benefit from the provisions of this article once it has been established a sectoral collective agreement of labour.
2. Upon verification of the payment of this tax, the Government delivered a special authorisation for you to trade may remain open beyond the business opening hours set by this law, up to 24 hours a day.
3. The fact generator of the tax is the practice of the trade carried out beyond the commercial schedules established according to articles 2 and 3.
4. The tax obligation is the holder of the trade which remains open beyond the commercial schedules established according to articles 2 and 3.
5. The tax share of tax is 20 euros per square metre of commercial establishment.
6. The tax on the activity of the trade you want to remain open beyond the commercial schedules established according to articles 2 and 3 is paid annual and the first day of the calendar year.
7. The management and settlement of the tax on the activity of the trade you want to remain open beyond the commercial schedules established according to articles 2 and 3 correspond to the Government.
Article 6 the right to weekly rest on Sundays for the reconciliation of work and family life 1. Without prejudice to the established business hours, the person working in the sector of trade is entitled to perform part of their weekly rest for a minimum of ten whole Sundays during the year, distributed in the calendar of the proportional way possible and scheduled with a minimum of a month. Excluded from this right workers who only provide their service during the weekends, the contracted part time and those that have a contract for next season.
2. The right to make part of their weekly rest for a minimum of ten whole Sundays during the year set out in the previous section, it is understood without prejudice to any other weekly, more conducive to the reconciliation of work and family life of the working person, which could be established by collective agreement or agreement of company or sector.
Second chapter. Administrative control and sanctioning procedure Article 7 Administrative Control if the services of the Government confirmed an infringement in relation to the provisions of articles 2, 3, 4 or 5, in addition to collect the data and information necessary for the opening of the corresponding file must require sanctioning who corresponds to correct the breach.
Article 8 Violations any breach of the conditions and requirements relating to opening hours of shops, and also the right to weekly rest on Sundays from employees of the trade, is a violation.
Article 9 Penalties 1. The holder of the trade that violates the provisions of articles 2, 3, 4 or 5 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 or 5 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 or 5 is sanctioned with a fine of 50 euros per square metre of commercial establishment.
4. Without prejudice to the 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 by 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 preceding the date of the Commission.
Article 10 sanctioning The Transcript verification of any infringement involves the opening of the corresponding sanctions in accordance with the provisions of the code of the Administration, the Decree sanctioning procedure regulatory and other provisions apply.
Article 11 competent authority competent to steps and solve the sanctioning transcript is the Government.
Article 12 Limitations 1. The offences prescribed in the head a year from the moment of the cessation of the action or omission punishable.
2. The prescription is interrupted by the notification of the opening of disciplinary proceedings.
Article 13 Administrative Appeal Against the decision handed down by the Government in the sanctioning transcript can be lodged in accordance with the provisions of the code of the administration.
Transitional provision The convenience stores of gas station wanting to remain open beyond the shopping hours fixed in accordance with the provisions of articles 2 and 3, have a period of three months from the entry into force of the same to obtain special authorization covered in paragraph 2 of article 5.
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, 16 December 2010 Josep Dallerès Codina, General Syndic 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