The government imposes compulsory employment if the employer wants it
Which employee who has been hired for five-day work has not worked on Saturday or Sunday? It is obvious to anyone who has worked in the private sector that the six- or even seven-day work in derogation of the five-day has been institutionalized for many decades. Regarding Saturday employment, the memorandum law 3846/2010 in article 8 states that the remuneration is the paid daily wage increased by 30%. Also, the basic thing is the 40-hour week, which can be divided into either five days (eight hours) or six (six hours and 40 minutes).
So the issue is not the six-day or seven-day work, and in fact in the country’s large enterprises that operate continuously or those that are not by their nature continuous operation but work with a four-shift system. So why did the … butler of the big interests Kyriakos Mitsotakis with the assistance of Adonis Georgiadis devote three articles to the recent law that came into force about six months ago (n. 5053/2023) in order to describe an already institutionalized procedure, such as the sabbatical and the Sunday occupation?
Shut up and work
As can easily be seen, such businesses are the ones that employ a large number of staff. The vast majority of these companies also have labor unions. According to the existing legislation that has been in force since 1990 (Article 40 of Law 1892/1990) the employee must agree to six or seven day employment. Therefore, the participation of an employee until Mitsotakis and Georgiadis intervened was optional. In essence, an individual employee-employer agreement was foreseen. However, the existence of a union within the company empowered the worker to refuse if his personal life (children, free time) was of greater importance to him than the additional pay.
Now work is compulsory if the employer wants it. Specifically, Law 5053/25.09.2023 lifted the privilege in favor of the employee’s free will and stipulates that the employer can put the staff on a sixth day of employment under two conditions:
- If it is in continuous operation, it is enough to pay a daily wage increased by 40% on the sixth day and no more than eight hours of work.
- If it is not a continuous operation, it will have to prove an extraordinary workload (the payment of the daily wage with a 40% surcharge applies).
By unilateral decision
It follows indirectly from this wording of the law, since it does not exist as an express condition, that unilaterally the employer without the employee’s consent can impose six or seven days of work on him, as long as he can prove workload. Under these conditions established by the “scratchers of labor rights” Mitsotakis and Georgiadis, if an industry, in the main, has a “workload”, it can make the employee it employs work continuously without days off 30 days a month, without can the employee object to his fatigue or his family obligations.
With the Mitsotakis-Georgiadis law, he pays some money (daily wage +40% for the sixth day and daily wage +75% for the holiday) but does not have to pay “surplus” staff. But in this way, the employee is considered a consumable item, like machines, who will at some point be exhausted from overwork.
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