Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.