GSEE and the Confederation’s Information Center for Workers & Unemployed (KEPEA/GSEE) through a series of answers to basic questions, informs private sector employees about the Christmas gift. Employees have the possibility through the online application created by KEPEA to calculate the Christmas Gift they are entitled to by themselves at the following link: http://kepea.gr/calc-doro-xristoygennon.php

Also, the KPEA of GSEE has created an application by making available to employees modern information tools, so that they know and assert their rights. In our app you will find online applications, coded (alphabetically) electronic library of work topics, as well as updates on current affairs. For the most direct communication, special forms for submitting questions or complaints have been created.

If you have an Android Smartphone you can download our app from the Play Store (https://play.google.com/store/apps/details?id=gr.gsee.kepea) while if you have an iOS device from the App Store by a simple search for “KEPEA GSEE” or at the following link https://apps.apple.com/gr/app/%CE%BA%CE%B5%CF%80%CE%B5%CE%B1-%CE% B3%CF%83%CE%B5%CE%B5/id1597572379?l=en

You can also scan the corresponding QR CODE.

Christmas gift reservation

The Christmas gift, as well as the Easter gift and the leave allowance, were further guaranteed by the National General Labor Code of 2010 (article 1) for private law employees throughout the Greek territory, and are also included in the Individual Labor Law Code (article 135 -142, 213 PD 80/2023)

The provisions of the institutional framework for holiday gifts are of public order, with the consequence that any express or implied agreement to the contrary is not allowed and is invalid, as well as the employee’s waiver of the claim for their payment.

Which employees are entitled to it?

In accordance with current legislation, all employees employed in the private sector on a permanent or fixed-term, full-time or part-time basis for any employer are entitled to Holiday Gifts.

How is the Christmas gift calculated?

For the calculation of the amount of the Gifts, the method of remuneration of the employees is taken into account, i.e. if they are paid a daily wage or a salary. The time period for which the Christmas Gift is calculated starts from May 1st until December 31st every year. Thus, the employees whose employment relationship with the employer lasted without interruption during the entire time period we mentioned, i.e. from May 1st to December 31st of each year, are entitled to the entire Gift which is equal to one (1) monthly salary for those paid with salary and with 25 days wages for the daily wage earners.

However, those of the above employees, whose relationship with the employer did not last the entire period of time (from 1/5 to 31/12), are entitled to receive a part of the gift proportional to the duration of their working relationship.

In this case the Christmas gift is calculated as follows: 2/25 of the monthly salary or 2 daily wages – depending on how they are paid – for every 19 calendar days of employment. Even employees who have worked for less than 19 days are entitled to a corresponding fraction of the gift.

Except for the case where the work was provided without interruption throughout the period from May 1st to December 31st, this period also includes all the days that the employees are legally absent from their work (e.g. with annual leave, with maternity leave ). Especially with regard to the absence of employees due to illness, the “three days of sickness” are included in the calculation period of the Christmas gift, i.e. the time of absence during which no sickness benefit is paid, while the periods paid by the insurance company are subtracted.

Holiday gifts may under no circumstances be paid in kind, but only in money.

When is the Christmas Gift paid?

The Christmas gift must be paid by December 21st of each year. The Christmas gift is subject to social security contributions and payroll tax. The employer can pay the gift earlier than the above date.

In particular for the acceptance of the Christmas gift

The basis for calculating the gift is the wages actually paid to employees on December 10. In case the employment relationship has been terminated before the above dates, the Christmas gift is calculated based on the wages paid on the day the employment relationship was terminated.

As a paid salary or daily wage is the total of regular wages. The concept of regular wages includes the salary or daily wage, as well as any other benefit (either in money or in kind, such as food, housing, etc.) if it is paid by the employer in exchange for the work provided by the employee, regularly every month, or repeatedly, periodically, at certain intervals of time.

The concept of regular remuneration, according to the jurisprudence of the courts, also includes:

  • the leave allowance: to calculate the proportion of the leave allowance in the gift, we multiply the total amount of the gift to which the employee is entitled by the factor 0.041666

Example: an employee with a Christmas gift of 900 euros (gross salary) with the additional leave rate should get 938 euros.

  • the statutory overtime pay, provided it is provided regularly.
  • the pay for overtime, provided that this work is carried out regularly.
  • the remuneration for work on Sundays and on exceptional holidays or at night, as long as the employment is regular and permanent.
  • the value of the milk supplied per day.
  • the additional pay given by the employer voluntarily for greater productivity (premium), when repeated over a long period of time and at regular intervals.
  • gratuities given to employees by third parties.
  • travel expenses, when not dependent on business travel, are not billable and are not interrupted during illness or leave.
  • the fee from commissions
  • the housing allowance
  • the balance sheet allowance, as long as it is paid regularly every year.

More special categories, indicatively:

a. Calculation of the Christmas Gift for hourly workers

For those who are paid an hourly wage, the calculation is based on the average salary for the period from 1-5-2023 to 31-12-2023. In other words, the total remuneration received by the employee during this period is divided by the number of days of this period during which the employee worked or maintained a claim for his wages. The resulting amount is multiplied by the number of daily wages corresponding to the duration of the employment relationship.

b. Calculation of the Christmas Gift for part-time employees.

Employees who work fewer hours per day (compared to full-time employment) will receive as a Christmas gift the daily wages that the full-time employee also receives, but having as a basis for calculation the reduced wages and according to his employment time from 01/05/2023 until 31/12/2023.

c. Calculation of the Christmas Gift for employees with intermittent work (rotational employment).

Employees who work less than 5 days a week (for those employed on a five-day basis) and less than 6 days a week (for those employed on a 6-day basis) are entitled to a Christmas gift of 1 day’s wages for every 8 days’ wages worked within the period from 01/05/2023 until 31/12/2023.

Attention: In all cases the amount of the gift is increased by the license factor 0.041666.

When does the acceptance of Gifts become statute-barred?

Pursuant to article 250 par. 17 of the Civil Code the acceptance of Gifts in the private sector is time-barred after 5 years from the end of the year in which they were due under article 250 par. 17 of the Civil Code.

What should the employee do if the Gift is not paid?

The payment of the Christmas Gift must be made by December 21st.

In the event that the Christmas Gift is not paid on time, the employees and/or the 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 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.

Please note that the petition should include the employer’s business and residence details, if possible, as the auto-forfeiture process takes up to 48 hours.

In any case of non-payment of the Christmas Gift, within the set deadline, the Labor Inspectors have an obligation to intervene immediately, carrying out checks and to be fully prepared, for the exercise of the autoforo 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 e-mail (email) to the Inspection Department of their place of work.