With its announcement, GSEE and the Information Center of Employees & Unemployed of the Confederation (KEPEA / GSEE) informs the employees in the private sector about the way of remuneration for the Christmas and New Year holidays as well as the time of payment of the gift .
December 25 (Christmas), December 26 (second day of Christmas), January 1 (New Year) and January 6 (Epiphany) are considered mandatory holidays under current legislation (art. 4 BD 748/1966, article 42 Law 4554/2018 and article 60 Law 4808/2021). The GSEE informs the employees that on a day of compulsory holiday the employment of employees and the operation of companies is prohibited, except those that operate legally on Sundays and holidays while it is not legal to offset a day of rest due (break), with the day of compulsory holiday.
For the days of compulsory holiday, in the companies that do not operate, the usual wage is paid without any increase to those who are paid with a wage, while to those who are paid with a salary, their monthly salary is paid.
According to the information of GSEE, for the companies that operate legally, the employees who will work during the obligatory holidays, are entitled:
1) if they are paid a daily wage, their usual paid wage and a 75% surcharge that will be calculated on their legal hourly wage for as many hours as they work
2) in case the employees are paid with a monthly salary:
a) in the case of companies that are late on Sundays and public holidays and will operate exceptionally on mandatory holidays, 1/25 of 2 of their normally paid salary is due and an additional surcharge of 75% on the legal salary for the number of hours they work
b) in the case of companies that operate legally on Sundays and other holidays by law, only a surcharge of 75% is due, which is calculated at 1/25 of their legal salary for as many hours as they work.
In case more favorable conditions apply (eg from BCC, Rules of Procedure, business custom or custom) regarding the increases in the remuneration for work on a mandatory holiday or Sunday, they prevail.
In addition, as this year the 26th of December coincides with the day of Sunday, the following applies to the employees who will be employed:
a) the wage earners will receive their regular wage and a 75% surcharge that will be calculated in their legal hourly wage, for as many hours as they work.
b) those on a monthly salary will receive as many hourly wages as they work and a 75% increase in their legal hourly wage.
Christmas gift payment time
The payment of the Christmas gift should have been made by 21/12. In case the Christmas Gift is not paid on time, the employees and / or the unions can and must apply to the relevant Labor Inspectorate in order to file a complaint. The indictment is forwarded to the Prosecutor for the prosecution of the employer, while at the same time it is forwarded to the relevant police department for the initiation of the spontaneous procedure. Employees and / or their unions have the right to file a complaint directly to the competent police department and request the application of the spontaneous procedure. It is pointed out that the lawsuit should include the details of the company and the residence of the employer, if possible, as the process of the highway takes up to 48 hours. In any case of non-payment of the Christmas Gift, within the set deadline, the Labor Inspectors of SEPE have the obligation to intervene immediately, conducting inspections and be in full readiness, to exercise the procedure of the highway and the enforcement of the relevant sanctions.
For the convenience of the employees, KEPEA / GSEE developed an online application for calculating the Christmas gift: https://www.kepea.gr/calc-doro-xristoygennon.php as well as for rotating work: https: //www.kepea. gr / calc-ek-peritropis-doro-xristoygennon.php
Source From: Capital