1st of May: Do you know your work rights?

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The 1st of May is more than just a highlight on the calendar, it stands as a powerful symbol of the workers’ hard-fought battles that led to the establishment of basic labor rights. Originating in the late 19th Century, May Day is a day of remembrance that commemorates the sacrifices made by workers around the world to demand better working conditions.

I consider this day a valuable opportunity to address the fundamental labor rights that have been established and -at least in theory- are in effect in Greece. 

In Greece, the right to work is enshrined in Article 22 of the Greek Constitution that defines work as a fundamental right for all citizens, wherefore it is protected by the State as it is obliged to promote the opportunity of employment. It is also connected to the European Charter of fundamental rights, which in Article 15 recognizes the right of every individual to freely pursue and practice an occupation without discrimination, within the context of the European Union’s free labor market.

One of the most significant achievements is the establishment of the 8-hour workday. In Greece, the standard work schedule is either a 5-day or a 6-day system, regulated by Law 4808/2021. In a 5-day system, the legal daily working time is 8 hours, totaling 40 hours per week , while in a 6-day system, the daily limit remains 8 hours, but the weekly limit rises to 48 hours.

Under Greek labor law, there is a clear distinction between additional work and overtime, each with its own legal definition and consequences.  Additional work refers to hours worked beyond the standard 40-hour workweek but within the legal weekly limits—specifically, from the 41st to the 45th hour in a five-day work system or up to the 48th hour in a six-day system. It is reimbursed with a 20% wage increase and does not require prior approval by labor authorities. In contrast, overtime refers to work that exceeds the legal daily limit (over 9 hours per day in a five-day system or over 8 hours in a six-day system), and is more strictly regulated. Employers must declare overtime in advance to the ERGANI system, and workers are compensated with a 40% wage increase for legal overtime, or up to 120% for undeclared or illegal overtime. Both forms of excess work are subject to maximum annual limits to protect the health and safety of workers, as established by Law 4808/2021 and relevant EU directives. Misclassification or abuse of these work categories can lead to legal and financial consequences for employers.

Equally important is the legal protection of wages, as outlined in Articles 656–658 and 664 of the Civil Code, which prohibit offsetting the salary against any claims of the employer when the wage is essential for the livelihood of the employee. Additionally, Greek law forbids the assignment or waiver of the legal minimum salary and provides criminal, civil, and administrative consequences for employers who fail to pay wages. In the case of unpaid wages exceeding two months, the employee may treat the situation as a unilateral harmful change of working conditions, potentially resulting in the termination of the employment relationship and entitlement to severance,

Another fundamental right protected by the Greek Constitution  (Article 23 §2) is the right to strike, which is a specific manifestation of the right to trade union freedom. Workers can collectively withhold their labor through legally recognized trade unions under specific requirements, such as prior written notice (at least 24 hours before) to the employer, ensuring minimum service levels in essential public services and decision-making process within the union. Strike is a tool of pressure for workers that aims to claim or protect their labor rights. The recognition of this right is a turning point, as it gives workers a voice to influence decisions that affect their lives and helps balance the unequal relationship between employer and employee.

Significant progress has been made regarding dismissals. The justification depends on the employment sector and can be mandatory under specific circumstances. In the public sector, all dismissals must be justified and follow a formal administrative or disciplinary procedure. Conversely, in the private sector, employers are not obliged to provide a justification of the termination . However, law 4808/2021 protects employees from unlawful or unjust terminations, by giving them the opportunity to challenge their dismissal in court. In cases like these, employers may be compelled to provide justification for the dismissal . Employers are also required to provide a written notice and if the employees have completed a year of continuous employment, they are entitled to compensation with the amount increasing based on years of service.

Another important aspect protected by Greek law is equality, which is also safeguarded under European law. In Greece, articles 4 and 22 of the Constitution ensure that all individuals are treated fairly, while law 4443/2016 protects employees from behaviors with a discriminatory intent, including discrimination based on characteristics such as gender, age, ethnicity, religion, disability, or sexual orientation. Gender-based discrimination includes (sexual) harassment, as well as any different treatment that results from the tolerance or rejection of such behavior. Law 4808/2021 imposes an obligation on employers to take all the measures to prevent this kind of incident, ensuring a safe working environment.

May day is not only a day to commemorate the past victories, but a reminder that the fight for labor rights is far from over. Despite these legal protections, workers must remain vigilant to ensure that these rights are upheld and enforced. As long as inequalities persist and new challenges arise, it is up to us to continue the fight—because the struggle for fair treatment and dignity in the workplace is never truly finished.

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