The Christmas gift is enshrined in the collective labor agreement for employees with a private law contract throughout the country and is provided for by law and in the recently passed Individual Labor Law Code (articles 135-142, 213 PD 80/2022).
Below, find out about the Christmas Gift and the rights of employees in case of non-payment, return of the coke.
When should the Christmas gift be paid?
According to the no. 19040/7.12.1981 joint ministerial decision "Giving Christmas and Christmas holiday allowances to employees of the whole country who are employed in a private law employment relationship" (B' 742), the Christmas gift is paid until December 21 of each year.
Can the Christmas gift be paid in kind (e.g. coupons, items from the business, etc.)?
No, again according to the above legislative framework, the granting of the Christmas gift must only be done in cash.
Is not paying the Christmas present a criminal offence?
In the event that the Christmas gift was not paid on time, i.e. within the legal deadline (until 21-12), then the employee has the possibility to report this fact to the relevant Labor Inspectorate. The non-payment of the Christmas gift, which according to jurisprudence is considered regular acceptance, also constitutes a criminal offense, which is prosecuted with the autoforos procedure, after the submission of a petition, according to A.N. 690/45, as amended applies.
When does the acceptance of Gifts become statute-barred?
According to article 250 no. 17 A.K, the claims of private sector employees arising from a valid employment contract for the payment of wages and other remuneration (and which are directly due by law) are subject to a five-year statute of limitations, which begins as soon as the year in which coincides with the start of the statute of limitations defined in articles 251 and 252 of the Civil Code.
My employer is asking me to return the Christmas present, which he deposited in the Bank. What to do;
Unfortunately, we hear not infrequently, employers and businesses pay the Christmas gift to employees in the Bank, since it is their obligation by law, and then ask for it back from the employees either with various pretexts that an incorrect calculation was made or directly under the threat of dismissal. This is a completely illegal employer practice, to which employees should not succumb to safeguard their basic interests.
It is clear that any retaliatory dismissal in this case would be completely illegal and abusive.
What if I agree with my employer not to pay me a Christmas Gift?
Such an agreement is absolutely void, as the employee cannot waive his right to receive a Christmas present.
