July 16, 2024

Athens News

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GSEE. What applies to summer vacation and vacation

Detailed information on annual leave for employees and employers, depending on labor relations, length of service, duration of leave, etc.

A. Regulation of annual holiday leave subject to public policy rules

1. The provisions of the legal framework relating to the annual leave of employees are rules of public policy, as a result of which any express or implied agreement to the contrary is not allowed and is void, as well as the waiver of any claim by the employee in this regard.

2. The leave allowance has been further stipulated in the National General Collective Agreement of 2010 (art. 1) for private law employees throughout Greece and included, together with the basic provisions on annual leave, in Code of Individual Labor Law (Articles 210-216 of Decree 80/2022).

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

4. Employees working remotely, in accordance with applicable law, during their annual leave have the right to “cut off”, i.e. have the right to refrain from performing work entirely and in particular not to communicate digitally or respond to phone calls, emails or any form of communication.

B. Period of annual leave

1. An employee’s annual leave is granted upon agreement with the employer regarding the time of its granting and, in any case, within two months from the date of the employee’s application.

2. At least half of the employees of the enterprise must take a vacation from May 1 to September 30.

According to the legislative regulation (Article 61 of Law No. 4808/2021), regular annual leave can be transferred to the first quarter of the next calendar year (for vacation in 2023 – until the end of March 2024). If the first quarter of the next year also expires, the holiday entitlement is converted into financial benefits.

3. Employers hiring employees who protect children under 16 years of age (relatives or adopted children) and children over 16 years of age with disabilities must take into account their needs when planning the timing of annual leave for their employees.

G. Length of annual vacation for recreational purposes

1. The provision of annual paid leave to employees is calculated on the basis of a calendar year.

2. An employee is entitled to a proportional period of annual leave from the beginning of work in accordance with his/her weekly work system (five or six days), without having to complete a certain period of work with his/her employer.

3. In particular, in the first calendar year in which the employee is hired, the employer is obliged to provide him, no later than March 31 of the next year, with part of the vacation days to which he is entitled from the moment of employment until December 31 of the corresponding calendar year, in accordance with months of work.

Every employee in an employment relationship of indeterminate or fixed duration is entitled, from the beginning of his employment until the expiration of twelve months, to receive his proportional share of leave. This share is calculated on the basis of 20 working days of annual leave for those working five days and 24 working days for those working six days.

4. In the second calendar year, after the employee has worked for 12 months, he is entitled to a vacation of 21 days (for five days of work) and 25 days (for six days of work).

5. In the third and subsequent working years, the employee is entitled to his usual annual paid leave, i.e. 22 days (five-day work) and 26 days (six-day work), as of January 1 of each year.

6. After 10 years of employment with the same employer or 12 years of employment with any employer, the employee is entitled to paid leave of 25 working days (five-day work) and 30 working days (six-day work).

7. After 25 years of service with any employer, the employee is entitled to one additional day of leave, i.e. 26 business days (five days) and 31 business days (six days).

8. Only working days are counted as days of annual leave. Therefore, Sundays, public holidays, ordinary holidays, sick days and special holidays provided for by other provisions are not included if they coincide with it (for example, marriage leave, maternity leave, maternity leave).

E. Method of granting annual holiday leave

1. The basic rule is that annual leave is granted consecutively and for the total number of days to which the employee is entitled in accordance with the length of service.

2. If more favorable conditions apply (for example, on the basis of a collective agreement).

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