How to calculate summer vacation – The online application

Clarifications for annual leave of employees gives the Information Center for Employees & Unemployed of GSEE (KEPEA / GSEE), due to the plethora of questions and complaints received by the General Confederation of Greek Workers (GSEE).

Calculation of the license with online application

Employees have the opportunity, through the online application, created by KEPEA on its website, to calculate for themselves the license to which they are entitled to the following links:

For full time:

https://www.kepea.gr/calc-epidoma-adeias.php

For rotating employment:

https://www.kepea.gr/calc-adeia-ek-peritropis.php

KEPEA / GSEE now on your mobile:

https://www.kepea.gr/katevaste-tin-app-efarmogi-tou-kepea

Those who have Android Smartphonecan “download” it from Play Storewhile if they have iPhone from App Storemaking a simple search the “KEPEA GSEE”.

A. Regulation of the annual leisure leave with rules of public order

As stated in a GSEE announcement, the provisions of the institutional framework concerning the annual leisure leave of the employees are of public order, with the consequence that any explicit or implicit agreement to the contrary is not allowed and is invalid, as well as the resignation of the employee from the relevant claims. .

During the annual leave, the dismissal of the employee is prohibited.

Also, according to the current legislation, during the annual leave of absence, teleworkers have the right to disconnect, ie they have the right to abstain completely from the provision of their work and, in particular, not to communicate digitally and not to answer phone calls, messages e-mail or any form of communication.

B. Time of granting the annual leave

1. The employee’s annual leave is granted in consultation with the employer as to the time of its issuance and, in any case, within two months from the submission of a relevant request by the employee.
2. At least half of a company’s employees must take leave between May 1 and September 30.
3. Employers who employ employees who protect children up to 16 years (natural or adopted) and children over 16 years with disabilities, are obliged to take into account the needs of these employees when planning the time of granting annual leave of absence of their staff.
4. According to the current legislation, it is possible to transfer the annual regular leave until the first quarter of the following calendar year. In case the first quarter of the following year has passed, the claim for the license is converted into money. Therefore, the annual leave for the year 2022 must be granted by the end of March 2023 at the latest.

C. Duration of annual leave

1. The granting of annual paid leave to employees is calculated on the basis of the calendar year.
2. The employee is entitled to a proportion of time of annual leave from the beginning of his employment, according to his weekly work system (five days or six days), without being required to complete a specific period of service to his employer.
3. Specifically, during the first calendar year, the employee is hired, the employer is obliged to grant him no later than March 31 of the following year a proportion of the leave days he is entitled to from his employment until December 31 of the specific calendar year, according to the months employment. Every employee with an indefinite or definite employment relationship is entitled from the beginning of his work until the completion of twelve months to receive the percentage of his leave. This ratio is calculated on the basis of the 20 working days of annual leave for those who work five days and the 24 working days for those who work six days.
4. During the second calendar year, after the employee completes twelve months of work, he is entitled to 21 days leave (five days work) and 25 days (six days work).
5. For the third and subsequent working years, the employee is entitled from 1 January each year to his regular paid annual leave, ie 22 days (five-day work) and 26 days (six-day work).
6. After completing 10 years of work with the same employer or 12 years of service with any employer, the employee is entitled to 25 working days leave (five days work) and 30 working days (six days work).
7. After completing 25 years of service to any employer, employees are entitled to an additional day off, ie 26 days (five-day work) and 31 days (six-day work).
8. Only working days are counted on the days of the annual leave. Therefore, Sundays, public holidays, customary holidays, sick days and special leave provided for by other provisions, if they coincide with it (eg marriage leave, childbirth leave, leave) are not included. maternity).

D. Manner of granting the annual leave

1. The basic rule is that the annual leave is granted continuously for the total number of days that the employee is entitled to depending on his previous service.
2. In case more favorable conditions apply (eg from BCC, work regulations, business habit or custom) as to the annual leave of the employees and the leave allowance, they prevail.
3. All the data related to the granting of the annual leave of the employees are obligatorily registered by the employer in the Information System “ERGANI”, through the submission of Form E11 (notification of data of the annual regular leave).
4. Form E11 records in April of each year the details of the employees who received the annual leave and the leave allowance during the previous calendar year and have been registered in the special leave book.

Regarding the division of the license:

1. It is exceptionally allowed to divide the leave time within the same calendar year into two periods, due to a very serious or urgent need of the company. In any case, the first period of leave may not include less than six working days in a six-day weekly work and five working days in a five-day weekly work or 12 working days, if it concerns minors working legally.
2. Upon written request of the employee to the employer, the division of leave time is allowed in more than two periods, one of which must include at least 12 working days in a six-day weekly work and 10 working days in a five-day or 12 working day, if it concerns minors working legally.
3. Especially, in cases of companies that employ regular and seasonal staff and show a special accumulation of work due to the type or object of their work, at a specific time of year, for regular staff, the employer may grant part of the leave of 10 working days for five days or 12 for six days, at any time within the calendar year.
4. It is pointed out that this application of the employee, as well as the decision of the employer, although they no longer require approval from the competent service of SEPE, however they are kept in the company for five years and must be at the disposal of Labor Inspectors.

E. License fees and time of payment

1. The leave allowance was further secured by Article 2 of the National General BCC of 2010, which states:

“The employee who establishes the right to regular leisure leave, as such or in cash, is entitled to receive the leave allowance, which is his regular salary, is calculated in the same way as the leave pay is calculated and is subject to the same rules as them.

The leave allowance is equal to the sum of the usual regular paid leave of the leave, with the limitation that it may not exceed the 15-day salary for those who are paid a monthly salary and 13 days for those who are paid a wage or per unit of work. or in percentages or otherwise.

The corresponding leave allowance is paid in advance upon receipt of the leisure leave or part thereof together with the leave pay.

General or special provisions of laws, decrees, ministerial decisions, collective bargaining agreements, arbitration awards, labor regulations and other regulatory acts, which determine the most favorable ways of calculating, paying and generally granting the leave allowance, shall prevail and remain in force.

Article 6 of the EGSSE 1997 on the granting of leave allowance in the event of early termination of employment is still in force, deleted from the words “before the employee completes twelve months of continuous employment”, due to the subsequent modification of the conditions for obtaining leave. ».

2. In the event that the employer does not grant the leave requested by the employee by the end of March of the following calendar year, he must pay the remuneration of the due leave time with a surcharge of 100%, plus the leave allowance.

The unions, the local Labor Centers and the Power Federations of GSEE, emphasize that they are on alert for the complaints of the employees.

At the same time, GSEE emphasizes that it will continue to have at the disposal of trade unions and workers throughout the country for every issue of information, support and collective action, the GSEE Employees and Unemployed Information Center, KEPEA / GSEE and Information & Counseling Services Network for Employees and Unemployed of the Labor Institute of GSEE, INE / GSEE.

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