The GSEE gives detailed data on the interval throughout which summer time depart is granted to non-public sector employees and the tactic of calculation and time of fee of the allowance. Notably:
A. Regulation of summer time depart by public order guidelines
1. The provisions of the institutional framework regarding the annual leisure depart of staff are of public order, with the consequence that any specific or implied settlement on the contrary will not be allowed and is invalid, in addition to the worker’s waiver of the related claims.
2. The depart allowance was additional enshrined within the Nationwide Basic Labor Legislation of 2010 (article 1) for personal regulation employees all through the Greek territory and is included along with the essential preparations for annual leisure depart within the Particular person Labor Legislation Code (articles 210 -216 PD 80/2022).
3. Throughout the annual depart, the dismissal of the worker is prohibited.
4. Teleworkers, in accordance with present laws, throughout their annual leisure depart have the appropriate to disconnect, i.e. they’ve the appropriate to utterly chorus from offering their work and particularly, to not talk digitally and to not reply telephone calls, messages e-mail or in any type of communication.
B. Time of administration
1. The annual leisure depart of the worker is granted in session with the employer as to the time of its granting and in any case inside two months from the submission of a related request by the worker.
2. At the least half of the workers of an organization should take their depart throughout the interval from Might 1st to September thirtieth.
By legislative regulation (Article 61 of Legislation 4808/2021) it’s doable to switch the annual common depart till the primary quarter of the next calendar 12 months (for the leisure depart of 2024 till the tip of March 2025). If the primary quarter of the next 12 months additionally passes, the depart declare is transformed right into a money declare.
3. Employers who make use of employees, who defend kids as much as 16 years of age (pure or adopted) and youngsters over 16 years of age with a incapacity are required to have in mind the wants of those employees when planning the time of granting annual leaves of absence to their employees .
C. Period of license
1. The granting of annual paid depart to staff is calculated based mostly on the calendar 12 months.
2. The worker is entitled to a proportion of annual depart time from the beginning of his employment in line with his weekly work system (5 days or six days), with out being required to finish a particular interval of earlier service to his employer.
3. Specifically, through the first calendar 12 months that the worker was employed, the employer is obliged to grant him, by March 31 of the next 12 months on the newest, a proportion of the depart days to which he’s entitled from his employment till December 31 of the precise calendar 12 months, in line with the months of his employment. Each worker with an employment relationship of indefinite or mounted period, is entitled from the beginning of his work till the completion of twelve months to obtain the proportion of his depart. This ratio is calculated on the idea of 20 working days of annual depart for many who work 5 days and 24 working days for many who work six days.
4. Throughout the second calendar 12 months, after the worker completes twelve months of labor, he’s entitled to a depart of 21 days (five-day work) and 25 days (six-day work).
5. For the third and subsequent working years, the worker is entitled from January 1 of every 12 months to his regular annual depart with pay, i.e. 22 days (five-day work) and 26 days (six-day work).
6. After finishing 10 years of labor on the identical employer or 12 years of service at any employer, the worker is entitled to a depart of 25 working days (five-day work) and 30 working days (six-day work).
7. After finishing 25 years of service with any employer, staff are entitled to 1 extra day of depart, i.e. 26 days (five-day work) and 31 days (six-day work).
8. Solely working days are counted within the annual depart days. Subsequently, Sundays, public holidays, customary holidays, sick days and particular leaves offered by different provisions will not be included in the event that they coincide with it (eg marriage depart, youngster start depart, maternity depart)
D. Technique of administration
1. The fundamental rule is that the annual depart is granted repeatedly and for the full variety of days to which the worker is entitled relying on his seniority.
2. Within the occasion that extra favorable situations apply (e.g. from SSE, Labor Regulation, enterprise behavior or customized) relating to the workers’ annual depart and the depart allowance, these prevail.
3. The information regarding the granting of annual depart to staff should be registered by the employer a) within the Go away Guide, which can be within the type of computerized pages and should be accessible for inspection by the Labor Inspectorate and b) within the Info ERGANI system, the place in line with the regulation, the granting of the annual license is introduced electronically as much as one (1) hour after its begin. In Kind E11 (announcement of particulars of annual common depart), the main points of staff who acquired annual depart and depart allowance through the earlier calendar 12 months and have been registered within the particular Go away Guide are entered in April of every 12 months.
Breakdown of annual depart
1. It’s exceptionally permitted to divide the annual depart time throughout the identical calendar 12 months into two durations, as a consequence of a very severe or pressing enterprise want. In any case, the primary interval of the depart can not embrace lower than six (6) working days in a six-day weekly work and 5 (5) working days in a five-day weekly work or twelve (12) working days, if it considerations minors working legally.
2. Upon written request of the worker to the employer, the division of depart time is allowed in additional than two durations, one in every of which should embrace not less than twelve (12) working days in a six-day work week and ten (10) working days days, in 5 days, or twelve (12) working days, so long as it considerations minors who work legally.
3. Particularly, in circumstances of companies that make use of common and seasonal employees and current a specific accumulation of labor because of the kind or scope of their work, at a particular time of the 12 months, for the common employees, the employer could grant the a part of the depart of 10 working days on a five-day foundation or 12 on a six-day foundation, at any time throughout the calendar 12 months.
4. It’s identified that this software of the worker, in addition to the choice of the employer, though they not require approval by the competent SEPE division, are however saved within the firm for 5 (5) years and should be accessible to the Labor Inspectorate.
E. Remuneration and Time of Fee
1. The depart allowance was additional enshrined in Article 2 of the Nationwide Basic Labor Code of 2010, which states the next:
“The worker who establishes the appropriate to common leisure depart, in sort or in money, is entitled to obtain the depart allowance, which is his common earnings, calculated in the identical means because the depart earnings are calculated and is topic to the identical guidelines as them.
The depart allowance is the same as the full of the common unusual wages really paid for the depart, with the limitation that it can not exceed 15 days’ wages for these paid on a month-to-month wage and 13 days’ wages for these paid every day or by the unit of labor or by percentages or in any other case.
The corresponding depart allowance is paid prematurely when the leisure depart or half thereof is taken along with the depart allowances.
Basic or particular provisions of legal guidelines, decrees, ministerial selections, collective labor agreements, arbitration selections, labor rules and different regulatory acts, which decide extra favorable methods of calculating, paying and customarily offering the depart allowance prevail and stay in pressure.
Article 6 of the EGSSE 1997 on the granting of the depart allowance in case of early termination of the employment relationship continues to be legitimate, with the deletion of the phrases “earlier than the worker completes twelve months of steady employment with the identical employer”, because of the subsequent modification of the situations for acquiring depart ».
2. Within the occasion that the employer doesn’t grant the depart requested by the worker till the tip of March of the next calendar 12 months, he should pay the wages of the due depart time with a surcharge of 100%, plus the depart allowance.
With one click on
Workers can calculate the depart they’re entitled to on their very own on the hyperlinks under via the net software created by Okay.E.P.E.A. of the confederation or via the App software.
For full time employment
https://www.kepea.gr/calc-epidoma-adeias.php
For shift work:
https://www.kepea.gr/calc-adeia-ek-peritropis.php
You may as well scan the corresponding QR CODE.
Supply: OT
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