Part-time employees have scope for overtime

Download article in original language : GR9809191NEL.DOC

According to a circular from the working conditions department of the Ministry of Labour and Social Security, made public in August 1998, workers hired under part-time contracts may in exceptional circumstances work hours in excess of those agreed, but total daily working time must be no longer than eight hours.

Circular No. 1326/1998 issued on 26 May 1998 by the working conditions department of the Ministry of Labour and Social Security in response to a question from the trade union at Marinopoulos enterprises (one of Greece's largest and best-known supermarket chains), was made public on 20 August 1998. The circular states that workers hired on part-time employment contracts may, in exceptional circumstances, work hours in excess of those agreed. However, total daily hours may not exceed eight. The document reads as follows:

In accordance with paragraph 1, Article 38 of Law 1892/1990 employers and employees may, by written individual agreement, while the employment relationship is being set up or while it is in force, agree for a definite or indefinite period on a working day or working week shorter than normal ( part-time employment ). From the above in conjunction with Article 659 of the Civil Code (on the wage/labour ratio) it emerges that if a need arises for work in excess of agreed or standard hours, workers must do such work if they are in a position to do so, and that a refusal would be a breach of good faith. For this additional work, the employer must pay a supplementary amount to be arranged, depending on the wage that has been agreed and on the special circumstances. Summing up the above, the view is expressed that so long as workers have agreed to work on a part-time basis for four hours a day, their employer cannot make them work a full working day (ie eight hours), because then the employment would be full-time, and not part-time. In special circumstances, however, workers can be asked to work longer, up to eight hours a day, for which they will receive regular hourly wages.

The circular is of particular interest, given that the new industrial relations law passed in August 1998 (GR9808187N) provides for extension of the institution of part-time employment.