Changes in the overtime pay of business executives – What employers are asking for

of Dimitris Katsaganis

The completion of the provision of the new labor law regarding the exemption of the executives of a company from the “overtime” compensation scheme of its employees is requested by the employer circles, with which the Capital.gr.

In accordance with this provision – for which it was recently issued decision by the Minister of Labor Kostis Hatzidakis Employees who have qualities (which are described in the new employment as such) that are consistent with a manager are not subject to the “status” of compensation of employees who are not accounted for as managers.

However, the European Directive (2003/88 / EC) which aligns the new labor law with regard to the “regime” of overtime pay for executives does not only apply to managers but also to officials who are empowered to make their own decisions. , note in Capital.gr industry circles.

According to the relevant European Directive, “if the duration of working time, due to the particularities of the activity carried out, is not calculated and / or not predetermined or can be determined by the employees themselves, especially in the case of: managers or other persons empowered to make decisions autonomously “.

In other words, as the same circles in Capital.gr, the new employment exempts from the “regime” of overtime pay, overtime pay, as well as overtime work or work on Sundays and holidays only the executives, not the “persons authorized to make decisions independently” .

This omission, according to the same sources, should be corrected by adding to the above-mentioned “regime” of exemption, as defined by the European Directive, and “authorized persons to make decisions independently”.

Such are, say executives of industry circles, for example a manager or head of department or sector of the company that makes decisions about the organization of work, production, services.

Regarding, in more detail, the qualities that are in line with the “profile” of a manager according to the new labor law, are as follows (as defined by the ministerial decision Hatzidaki):

a) Exercise the managerial right of the employer vis-λοι-vis other employees of the company or
b) Represent and commit the company to third parties or
c) They are members of the board of directors or corresponding management body of the employer or
d) Are shareholders or partners holding more than 0.5% of the employer’s voting rights

Also considered to be executives are those employees who are heads of Departments, Units or Departments or other independent units of the employer enterprise identified in its organization chart, which entrusts them with the supervision of part of its continuous, intermittent or extraordinary, but nevertheless essential operations. not less than six times the statutory minimum wage.

Finally, those who are paid at least eight times the minimum statutory salary are also characterized as supervisory, management or trust executives. The above information, as mentioned above, must be derived from explicit terms of the employment contract and must be declared in the “Ergani” information system.

Employees who do not have the above qualifications are not allowed to work overtime without the legal formalities and without receiving additional remuneration for overtime and overtime work, off-site compensation, as well as overtime or night work on Sundays and holidays, the same decision states.