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The Committee notes the adoption of Act No. 3385/2005 on arrangements for the promotion of employment, the enhancement of social cohesion and other provisions which partially revises regulations on working hour limits, overtime pay and the averaging of working hours over a reference period of four months.
Article 6 of the Convention. Temporary exceptions. The Committee notes that, under section 4 of Act No. 2874/2000, as amended by Act No. 3385/2005, “overtime employment” is defined as any work performed beyond 45 hours per week for those employed on a five-day working week, or beyond 48 hours per week for those employed on a six-day working week. Employees are entitled to overtime pay equal to 150 per cent of regular remuneration for every hour of the first 120 hours of overtime in the year and 175 per cent for every hour exceeding that limit. The law further provides that every hour of overtime which would not fulfil the necessary formalities and conditions is considered to be “exceptional overtime” and is remunerated at 200 per cent of the regular rate. The Committee understands that the legality of overtime is conditional on compliance with certain requirements, such as advance notice in writing, announcement posted up at the workplace and record-keeping but there seems to exist no mechanism for the prior control of the actual existence of circumstances justifying its use. The Committee wishes to recall, in this connection, that the Convention allows for temporary exceptions to the general standard set out in Article 2 only in exceptional cases of pressure of work and further requires the adoption of regulations to this effect by the public authority after consultation with the organizations of employers and workers concerned. The Committee refers also to paragraph 168 of its General Survey of 2005 on hours of work in which it concluded that in many cases the regulation of exceptions from the normal duration of working hours in national legislation and practice does not correspond to the procedural requirements set forth by the Convention. While, under the provisions of the Convention, regulations determining temporary exceptions have to be made by the public authority only after consultations with the organizations of employers and workers concerned, in many countries no such “vertical” consultations are required. Instead, this issue is frequently governed through “horizontal” consultations between these organizations at the level of individual enterprises. In the light of the preceding observations, the Committee requests the Government to indicate (i) whether overtime in industrial undertakings is authorized only in exceptional cases of pressure of work and, if so, to specify the relevant legal provision; (ii) the maximum annual limit for permissible overtime and exceptional overtime.
Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning labour inspection results for the period 2002–08 and penalties imposed for infringements of the hours of work legislation. The Committee would appreciate if the Government would continue to supply up to date information on the practical application of the Convention, including, for instance, the number of workers covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of infringements observed and the sanctions imposed, copies of relevant collective agreements, information on the operation of the committees on settlement of working time established under section 41 of Act No. 1892/1990, as last amended by Act No. 3385/2005, etc.
Article 2 of the Convention. Weekly rest entitlement. The Committee notes the Government’s reference to Presidential Decree No. 88/1999 on minimal requirements for the organization of working time in compliance with Directive No. 93/104/EC, which provides for 36 consecutive hours of rest, including in principle Sunday, in every seven-day period. It also notes that the Decree excludes from its scope of application air, rail, road and inland waterway transport. While noting that the European Commission has recently initiated proceedings against Greece for failure to comply with European social legislation relating to road transport activities (including rules on driving time, rest periods and enforcement measures), the Committee requests the Government to provide detailed information, including copies of all relevant laws, regulations or collective agreements which may not have been previously communicated, on the application of the Convention in the transport and port industry.
Part V of the report form. The Committee notes the inspection results concerning weekly rest in various branches of industrial manufacture, construction and transport for the period 2002–08. The Committee would be grateful if the Government would continue to supply general information on the application of the Convention in practice, including for instance statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of violations observed and sanctions imposed, copies of relevant collective agreements, etc.
Article 6 of the Convention. Weekly rest entitlement. The Committee notes that following the adoption of Presidential Decree No. 88/1999, the minimum weekly rest period has increased from 24 to 36 consecutive hours. The Committee would be grateful if the Government would clarify whether the Presidential Decree has repealed or amended Royal Decree No. 748/1966 and Act No. 2224/94 which previously gave effect to the Convention. In addition, the Committee understands that in the public sector, the compensatory rest has been replaced by cumulative time off in lieu, which permits public employees to accumulate consecutive rest days equal to the number of Sundays on which exceptionally they have worked. Recalling that, according to the spirit of the Convention, weekly rest must be granted and taken in regular, or in any event reasonably short intervals, the Committee requests the Government to provide additional explanations on the system of cumulative compensatory rest applicable in the public sector and to forward a copy of any relevant legal text which may not have been transmitted previously. Moreover, the Committee understands that the right to compensatory rest is regulated differently for employees who work in the context of flexible working hours. The Committee would appreciate receiving supplementary information in this respect, including copies of any relevant legal text. Finally, the Committee notes that in its conclusions adopted in December 2007, the European Committee of Social Rights has considered that the current exclusions from the legislation guaranteeing a weekly rest period (including domestic workers) are not in conformity with the relevant requirements of the European Social Charter. While being aware that domestic work is not meant to fall within the scope of application of this Convention, the Committee would thank the Government for keeping the Office informed of any further developments concerning the extension of the coverage of the legislation on weekly rest to those currently excluded.
Part V of the report form. The Committee notes the inspection results concerning weekly rest in commerce and offices for the period 2002–08. It would be grateful if the Government would continue providing up to date information on the practical application of the Convention.
The Committee notes the information provided by the Government. It notes compliance with Article 6 of the Convention in that sections 3 and 5 of Presidential Decree No. 88/1999 concerning "Minimum Specifications for the Organization of Working Time in Compliance with Directive 93/104/EC" ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours plus 12 consecutive hours of daily rest, as provided for under articles 3 and 5 of the EC Directive referred to. It further notes from the Government’s information that section 10 of Royal Decree No. 748/66 grants a compensatory rest day to workers who, as an exception, work on a Sunday or a public holiday, in accordance with Articles 7, paragraph 2, and 8, paragraph 3, of the Convention.
Referring to its previous comments, the Committee requests the Government to indicate any methods adopted or envisaged for the consultation of the representative organizations of employers and workers, as required by Article 7, paragraph 4, of the Convention.
The Committee notes the information in the Government's latest report and, in particular, the adoption of Act No. 2224 of 1994 concerning working hours. It requests the Government to provide further clarification on the following points.
Article 7, paragraphs 2 and 4, of the Convention. The Committee notes that section 46 of Act No. 2224 provides that work is exceptionally permitted during Sundays and public holidays in several establishments providing certain goods and services, such as restaurants and photography studios. The Committee also notes that the Government's report indicates that the competent authority exceptionally permits the opening on Sundays and public holidays of certain establishments located in tourist regions. It requests the Government to indicate what measures ensure that all persons working in such establishments are granted a rest period of at least 24 hours in respect of each period of seven days; and what consultations take place with any representative employers' and workers' organizations concerned.