Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Hours of Work (Industry) Convention, 1919 (No. 1) - Greece (Ratification: 1920)

Other comments on C001

Direct Request

2014
2009

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Articles 2, 5 and 6 of the Convention. Daily and weekly limits of hours of work – Uneven distribution of hours of work over a period longer than a week – Temporary exceptions – Overtime. The Committee notes section 42 of Act No. 3986/2011 (O.G. A 152) which permits a system of annualized hours, according to which hours of work may be increased by two hours per day in addition to the contractual eight hours over a certain period of time, provided that the hours in excess of the 40-hour working week, or in excess of any reduced contractual weekly working time, are likewise deducted from the working hours of another period, or alternatively, enterprises may designate 256 working hours out of the total working hours within one calendar year to be distributed by increasing the number of working hours over certain periods of time. In addition, the Committee notes section 10(5) of Act No. 3863/2010, which amends Act No. 3382/2005 and entitles employees to overtime pay equal to 80 per cent the normal hourly rate for exceptional overtime. The Committee recalls, in this respect, its previous comment in which it drew the Government’s attention to the requirements of the Convention that any exceptions to the normal duration of working hours in national legislation and practice: (1) constitute an “exceptional case” where it is recognized that the eight-hour and 48-hour limits cannot be applied (owing to pressure of work), and (2) be introduced through an agreement between workers’ and employers’ organizations transformed into regulation by the Government. While noting the Government’s explanation that exceptional overtime applies to work that is not in compliance with the formalities and procedures of approval provided for by law and, as such, has no legal limit, the Committee is bound to repeat its earlier comment that there seems to be no mechanism in place for the prior control of circumstances which would justify such overtime. On the contrary, it is the very lack of control (in this case, the lack of compliance with formalities and procedures) which appears to justify the use of overtime and, as such, does not appear to be in compliance with the requirements of the Convention. The Committee accordingly requests the Government to take the necessary measures in order to bring its national legislation in line with the requirements of the Convention to authorize overtime in industrial undertakings – either with respect to an annualized system or general weekly system – to exceptional cases of pressure of work. The Committee draws the Government’s attention in this respect to Part V, as well as to paragraphs 227 and 228 of its General Survey of 2005 on hours of work, which provides further explanations and examples of good practice with respect to the procedures for the authorization of extension of working hours.