In the event that the Christmas Gift is not paid on time, employees and/or unions can and must appeal to the relevant Labor Inspectorate in order to draw up a complaint
The GSEE and the information center for workers and unemployed in the private sector informs about the payment method for the Christmas and New Year holidays. Specifically, it lists the following:
MANDATORY HOLIDAY DAYS
â– The Christmas and New Year holidays, which are provided as statutory holidays are as follows: Monday 25 December 2023 (Christmas), Monday 26 December 2023 (second day of Christmas), Monday 1 January 2024 ( New Year’s Day) and Saturday January 6, 2024 (Theophany).
â– On a mandatory holiday, the employment of workers and the operation of businesses, except for those that legally operate on Sundays and holidays, are prohibited.
â– It is not legal to set off a day of due rest (day off) with a mandatory holiday.
â– Compulsory holidays are not included in the annual leave with pay.
COMPULSORY HOLIDAY PAY
â– For non-operating businesses.
In businesses that do not operate on Sundays and statutory holidays, the usual daily wage is paid without any surcharge to those who are paid by the day, while to those who are paid by a salary, no additional remuneration is due, beyond their monthly salary.
As an exception, if work is provided to businesses, which are late on Sundays and public holidays and for an extraordinary reason operate, with the legal formalities, then for their full employment, employees who are paid a salary are entitled to an increase of 1/25 and those paid with daily wage one more of their daily wage, on whose hourly wage will be calculated the 75% surcharge for working on a mandatory holiday.
â– For businesses that operate legally.
In businesses that legally operate on Sundays and public holidays, employees who will be employed are entitled to:
1) if they are paid a daily wage, their usual daily wage and a 75% surcharge that will be calculated on their legal hourly wage for as many hours as they work
2) in the event that employees are paid a monthly salary, a 75% increase is due, calculated on their legal hourly wage for all the hours they work.
In the event that more favorable terms apply (e.g. from the Collective Labor Agreement, Labor Regulations, business custom or custom) regarding the pay increases for work on a mandatory holiday or Sunday, these prevail.
â– For Saturday, January 6, 2024 (Theophany), the above applies to the remuneration of employees depending on whether the business they work for does not operate or legally operates on Sundays and public holidays. The following are additionally highlighted:
1. in the businesses that are not operating, the employees, who work with a five-day system and are paid by the day, will not be employed on Saturday January 6, they are paid by the day, they will receive one day’s salary in addition.
2. in businesses that operate legally, employees who work with a five-day system and their work provided on Saturday, January 6, 2024 constitutes the 6th working day of the week, subject to the other regulations of the legislation, the duration of the employment cannot exceed 8 (eight) hours and their daily wages paid in accordance with the above increments are further increased by 40%,
WHEN IS THE CHRISTMAS GIFT PAID?
â– The payment of the Christmas Gift must be made by December 21, 2023.
In the event that the Christmas Gift is not paid on time, employees and/or unions can and must appeal to the relevant Labor Inspectorate in order to draw up a complaint. The complaint is forwarded to the Public Prosecutor for individual prosecution against the employer, while at the same time it is also forwarded to the relevant police department for the initiation of the automatic procedure. Employees and/or their unions have the right to file a complaint directly with the relevant police department and request the application of the automatic procedure.
It is pointed out that in the indictment you should to indicate the details of the business and the address of the employer, if this is possible, since the autophorous process takes up to 48 hours.
â– In any case of non-payment of the Christmas Gift, within the set deadline, the Labor Inspectors have an obligation to intervene immediately, conducting checks and being fully prepared, for the exercise of the self-imposed procedure and the imposition of the relevant sanctions.
Employees can make named or anonymous complaints to the single service line 1555 or to the online anonymous complaint submission service of the Labor Inspectorate or by sending a message via electronic mail (email) to the Inspection Department of their place of work.
â– GSEE informs that the GSEE Employees and Unemployed Information Center (KEPEA-GSEE) www.kepea.gr is available to employees for submitting complaints or following up complaints to the Labor Inspectorate regarding the non-payment of the Christmas Gift. Submit your question or complaint here: https://www.kepea.gr/contact.php?ask=8
Calculate the Christmas Gift with the online application of the KEPEA/GSEE:
https://www.kepea.gr/calc-doro-xristoygennon.php
Source: Skai
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