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The Ministry of Labor and Social Security issued a circular signed by the General Secretary of Labor Relations Anna Stratinaki, regarding the provision of clarifications on article 33 of Law 5053/2023 (A’ 158) entitled “Remuneration for seniority in the private sector and adjustment of employees’ salaries”.
The main instructions included in the circular are:
From 1.1.2024, the suspension of the validity of provisions of laws, regulatory acts, collective agreements or arbitration decisions, which provide for increases in salaries or daily wages, including those related to seniority, is lifted, with the sole condition that a specific working time has passed, such as the multi-year allowance , the working time allowance, the three-year allowance and the five-year allowance, which was imposed by Article 4 of Act No. 6/28.2.2012 of the Council of Ministers.
The way of proving the seniority, completed or to be completed in the above-mentioned intervals, depends on the content of the seniority provisions of the Collective Labor Regulation (of Law 1876/1990, as applicable) in which, due to the nature of the work and the other conditions set by law, the employee is subject to and which may specifically regulate the issues of recognition and measurement of previous work experience. If it is not regulated otherwise by such a text of Collective Labor Regulation, the previous service is recognized as the one completed with the same or another employer, in the same specialty.
For those employees who are paid the minimum statutory salary or daily wage, the time of a dependent contract or employment relationship, which has been spent with any employer and in any specialty before 2/14/2012 and after 1/1/2024, is recognized as seniority. The above seniority increment is determined as follows:
a) For employees with a dependent employment relationship, at a rate of ten percent (10%) for each three years of service and up to three (3) three years and a total of thirty percent (30%) for a service of nine (9) years or more .
b) For artisans, with a dependent employment relationship at a rate of five percent (5%) for each three years of service and up to six (6) three years and a total of thirty percent (30%) for a service of eighteen (18) years or more.
The working time that has been completed until 14.2.2012 (or will be completed from 1.1.2024 onwards) with part-time status, is taken into account as prior service time for the purposes of article 33 of Law 5053/2023, in the same way as it is also taken into account for the comparable employee, i.e. the corresponding full-time employee of par. 2/b’ of article 2 of Law 3846/2010 (A’ 66) as applicable. For the calculation of this seniority, part-time employment corresponding to the normal (legal or contractual) daily time of the aforementioned comparable employee corresponds to one day of seniority.
If the regular wages paid are higher than the legal wages, the increases, increments and the amounts in general resulting from the application of the above, are set off against the difference that arises between the wages paid and the legal wages, with the payment of which they are paid in full or in part .
And for the time period from 14.2.2012 to 31.12.2023, no claims are made, nor are salary or daily wage increases due, including those related to seniority, with the sole condition that a certain working time, as mentioned above, has passed, nor is it allowed to calculate seniority completed from 14.2.2012 to 31.12.2023.
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