In Athens today on 12 June 2023, the signatories, on the one hand
The "PANHELLENIC FEDERATION OF FOOD AND TOURISM WORKERS” (POEET), legally represented by Mr Georgios CHOTZOGLOU, Chairman and Mr Dimitrios KOUTOUKIS General Secretary of the Board of Directors and on the other hand,
1.The “PANHELLENIC FEDERATION OF RESTAURANTS AND RELATED PROFESSIONS” (POESE), legally represented by Mr Georgios KAVVATHAS, Chairman and Mr Ioannis DAVERONIS, General Secretary of the Board of Directors
2.The "FEDERATION OF PROFESSIONAL PASTRY CHEFS OF GREECE" (OEZE), legally represented by Mr Ioannis GLYKOS, Chairman and Panagiotis STERGIOU, General Secretary of the Board of Directors and
3.The "HELLENIC CONFEDERATION OF PROFESSIONAL CRAFTSMEN AND MERCHANTS” (GSEVEE), legally represented by Mr Georgios KAVVATHAS, Chairman and Mr Dimitrios VARGIAMIS, General Secretary of the Board of Directors
All legally authorized hereto have agreed to the preparation and signing of this Sectoral Collective Labour Agreement, the content of which shall be as follows:
Article 1 Object - Scope
This collective regulation lays down the conditions for the remuneration and work of the employees in tourist and food stores throughout the country.
Article 2 Specialties
1.In particular, this includes:
CASE (I) The employees of restaurants, brasseries, taverns, bars, nightclubs, catering establishments, steakhouses, grill houses and any store which operates a purely restaurant section.
CASE (II) The employees of cafes, coffee-snack bars, ouzo bars, refreshment stands, clubs, canteens, leisure centres, coffee and pastry shops, coffee and brasseries, dairies, fast food restaurants, discos, concert cafes, boites, pubs, piano bars, vegan and a variety of foodstuffs stores and in general any store in which there is a cafeteria, pizzeria, pastry and other mixed or related establishments, regardless of their operation licence.
2.In any category of store, in order for a barman assistant or a waiter assistant post to exist, there must be a barman or waiter post, otherwise the assistants shall receive the respective salary (barman and waiter). It is clarified that the barman is the employee whose main duty is the care and attention for the timely supply of the bar with the necessary drinks (beers, etc.) and snacks, etc., which they serve to the standing or sitting in front of the bar customers as well as the waiters of the store for further assistance to the customers.
3.The basic monthly salaries including the allowances and increases shall also apply to the casually hired employees for work on the day of rest of another employee or for casual employment (former substitute) of any specialty of the stores of cases I and II hereof. They shall receive the proportion of daily rates/wages earned per month. The daily rate/wage shall include all the increases for any work on Sunday or on a holiday as well as at night.
Article 3 Basic monthly salaries
The basic monthly salaries of the employees of cases I and II hereof, as set on 22.2.2023 on the basis of the previous Sectoral Collective Labour Agreement dated 24.5.2021 (Filing Deed no. 14/9.6.2021) and the Ministerial Decision (B ' 2003) dated 1.4.2023 under no. 31986/28.3.2023, are increased from 1 June 2023 and they are set as follows:
Chapter A: Stores of case (i)
|
From 1 June 2023 |
Kitchen staff |
€ |
Chef |
1,017.46 |
Cook A ' |
822.90 |
Cook B ' |
822.90 |
Cook C’ |
815.00 |
Buffet officer |
815.00 |
Dishwasher |
815.00 |
Roaster- |
815.00 |
Waiters-Waiters Assistants |
They shall be remunerated pursuant to Article 54 of Law 2224/1994 or with a monthly salary |
Other employees |
€ |
Barman |
822.90 |
|
|
Storekeeper |
822.90 |
Food salespersons, cashiers 822.90 GENERAL DUTIES (to cover any need arising in the enterprise other than those for which other specialties are provided and to assist them) |
780.00 or a daily rate of 34.84 EUROS |
Chapter B: Stores of case II
|
From 1 June 2023 |
Barista- salespersons for cold foods |
822.90 |
Cashier, Roaster, pizza cook |
815.00 |
Auxiliary staff |
€ |
Cleaner, dishwasher over 18 years old. |
815.00 |
Waiter |
They shall be remunerated pursuant to Article 54 of Law 2224/1994 or with a monthly salary |
Barman |
822.90 |
|
|
The above basic salaries shall be increased by 5% from 1 June 2024.
In addition, the waiters of the stores of case II shall receive a nominal salary of 155.00€
Chapter C: Delivery men of stores in both cases I and II
The basic salaries of the full-time delivery persons of these stores are set at 822.00 EUROS. Married delivery persons in both cases I and II, as well as those referred to in Article 20 of Law 1849/1989, subject hereto shall be entitled to a marriage allowance of 10% on the basic salary and a 3-year allowance of 10% on the basic salary and up to the completion of three 3-year periods. In addition, the delivery persons of both cases I and II shall receive a special condition allowance of 10% on the basic salary. In addition, regarding the delivery persons of both cases I and II, the provisions of Article 55 and Article 56 of Law 4611/2019 No. Government Gazette 73A/ 17.05.2019 on protection and safety measures of the provision of the Ministry of Labour regarding the delivery services shall apply.
Chapter D: Remuneration of Waiters
1.From the entry into force hereof, waiters and their assistants shall be remunerated upon agreement with the employer made before the commencement of the employment contract either with a nominal salary plus percentages on the bills of the customers, in accordance with the provisions of Article 54 of Law 2224/1994, or with a daily rate, which from 1 June 2023 shall amount to 45.00 EUROS for waiters and 35.65 EUROS for waiter assistants. In the second case, the minimum total monthly salary of a waiter shall be 990 EUROS (daily rate of 45 EUROS) and that of an assistant shall be 784.30 EUROS.
2.The waiters and assistants of both cases of stores (cases I and II), employed on Sundays, exceptional holidays and nights, shall be granted by their employer an increase of 75% and 25% respectively calculated on the applicable general minimum legal daily rate. The night time shall be the period from 10 pm until 6 am. Sunday shall be counted starting at midnight on Saturday (24.00) to Sunday and shall end at midnight on Sunday to Monday (24.00) depending on the exceptional holidays. It shall be forbidden for shopkeepers to prevent in any way the waiters from receiving the above tip from the customers. Any habitual or contractual retention of the percentages of waiters shall be abolished.
3.The waiters and their assistants who are specially employed in places such as houses, etc. which are not required to have an operating license and the events that take place are not of a fiscal nature for the individual, shall receive from 1 June 2023 a daily rate of 71.09 EUROS and 61.94 EUROS respectively. The daily rate shall include all the increases for any work on Sunday or on a holiday as well as at night.
4.The waiters and their assistants employed in catering companies shall be paid a daily rate of 71.09 EUROS and 61.94 EUROS respectively. The daily rate shall include all the increases for any work on Sunday or on a holiday as well as at night.
5.In the case of a waiter's remuneration with salary, their insurance is calculated on it.
Article 4 Allowances
4.A. Allowances of employees of stores of case (i) (restaurants, etc.)
1.a) All employees in case (i) of all categories, except for waiters and their assistants, shall be granted a monthly previous service allowance for each year of service or previous service to any employer, in related and equivalent duties, amounting to 4.63 EUROS per year.
b)Waiters and waiters’ assistants of restaurants and related professions shall be granted a three-year allowance of 5% for the completion of three (3) years of service or previous service to any employer in the duties of their specialty, as evidenced by the employer's certificate. This allowance shall be calculated on the minimum legal basic daily rate.
c)Waiters and waiters’ assistants of restaurants and related professions shall be granted a marriage allowance of 10% calculated on the minimum legal basic daily rate of an unskilled worker.
2.To those subject to this case I the following allowances calculated on their basic salaries shall also be granted.
a)Marriage Allowance of 10%, as defined for the above delivery persons
b)Seasonal employment: For seasonal kitchen staff, a seasonal employment allowance of 10% shall be granted each month, calculated on the above basic salaries.
c)Tourism education: Employees who are graduates of higher tourism schools as well as the graduates of the School of Stewards of the Ministry of Merchant Navy shall be granted a tourism education allowance of 15%, 10% for the graduates of middle tourist schools and the graduates of post-training schools and 6% for the graduates of the accelerated training on their basic monthly salaries. The aforementioned Tourism Education allowance in the case of waiters and their assistants shall be calculated on the applicable general minimum legal daily rate.
d)Unhealthy work: An unhealthy working conditions allowance of 10% shall be granted to cooks, assistant cooks, and all employees in general in the kitchen area of restaurants, brasseries, taverns, bars, ouzo bars, nightclubs, entertainment centres and in general in any shop where a restaurant department operates. The above allowance shall be calculated on the basic monthly salaries and daily rates of the respective employee specialty.
e) A cash allowance of 5% of the basic salary to all cashiers.
4.B. Allowances of employees of stores of case II (cafes, etc.)
1.The above basic salaries shall be increased by a an allowance for previous service to the same or different employers at the rate of 5% with the completion of each three-year period and up to the completion of five three-year periods, calculated from /from the original date of hire in the profession in any specialty of the stores of case II.
2.Employees designated by the employer as managers or responsible persons shall be granted an increase of 1 5% on their basic salary which may not be lower than the basic monthly salary of barman from 1.6.2023.
3.On the above basic monthly salaries, the following allowances shall be calculated:
a)Marriage 10%, as defined above for delivery persons.
b)Unhealthy work: The employees of the stores of case II, those employed in the preparation and cooking of foodstuffs as well as in the washing of any utensils, those employed in any marked area, regardless of whether this area is common with the place of baking and preparation, shall be granted the unhealthy working conditions allowance of 10% defined under the judgment No 75/1980 of the First Instance Administrative Arbitration Court of Athens pursuant to the provisions and conditions of the above judgment.
c) Cashier’s Cash allowance 5% from 1/6/2023.
d)Tourism Education Allowance of 6%, 10%, 15% pursuant to the terms and conditions applicable until today.
4.Especially for waiters, the marriage allowances of 10% and the tourism education allowances of 6%, 10% and 15%, shall be calculated on the applicable current minimum legal basic daily rate.
5.The waiters of the stores in case (ii) shall also be entitled to the previous service allowance of 10% for every three-years period and up to five three-years periods (calculated on their nominal monthly salary).
6.The cleaner of the stores of case (ii) shall be granted as many allowances as the dishwasher of the same stores is entitled.
4.C. Regulations for the allowances of the employees of both case I and case II.
1.The previous service allowance of all employees of case 1, waiters and their assistants alike, shall be calculated and determined based on the prescribed legal data.
2.The employee’s tourism education certificate (proof of evidence) shall be a condition for the payment of the tourism education allowance, as long as it is proven to be notified by the employee to the employer. The notification shall be proven by a relevant attestation and seal of the employer in an exact copy of the notified degree, or by proof of service of a bailiff.
3.For Christmas and Easter allowances, the provisions of JMD 19040/1981 shall apply and in accordance with the appendix applied to the National General Collective Labour Agreement 2010-2012.
4.The leave allowance shall be granted in accordance with Law 4504/1966 (Article 3 par. 16).
5.The employee who establishes the right to an annual leave as such or in cash shall be entitled to receive the leave allowance, which shall be their regular remuneration, calculated in the same way as the remuneration of annual leave and is subject to the same rules with it. The leave allowance shall be equal to the total of the actual regular paid remuneration of leave with the limitation that it may not exceed the remuneration of 15 days for those who are paid monthly and 13 days for those who are paid by daily rate or per unit of work, commission pay or otherwise. The relevant leave allowance shall be paid in advance upon receipt of the leave or part thereof together with the remuneration of leave.
6.General or specific provisions of laws, decrees, ministerial decisions, collective labour agreements, arbitration decisions, work regulations and other regulatory deeds laying down more favourable ways of calculating, paying and generally granting holiday and leave allowances shall prevail and remain in force.
Article 5 Various benefits and other provisions
I.Various benefits and other provisions
1.It isestablished, in addition to statutory holidays so far, that Ash Monday shall be a rest day. Thoseemployees
whowork on the above holidays, shall be paid an increase of 75% on their legal daily rate.
2.a. Afive-day workweek shall be established with 40 working hours and two rest days in all stores.
b.Employees who are subject hereto, if they work on their rest days, shall receive an additional remuneration and in particular a compensation equal to one daily rate for each rest day they worked, which shall be paid increased by 75%, if the employment on a rest day takes place on a Sunday or a holiday established by labour law.
c.Employment on rest days, if it occurs and takes place, shall increase the monthly remuneration and the due insurance daily rate of the employees employed pursuant to the above shall be for their benefit. In no case, can their work during these days be considered as a simple (individual) or systematic violation of the five-day work system - which shall be still in force - since, when it occurs itis due to seasonality and increased workload of the stores falling there under and not by intention, desire or agreement of the parties not to comply with the agreed five days.
d.The Parties hereto agree and jointly decide that the gross remuneration of the employees hereunder shall not be lower than each minimum salary determined either by the National General Collective Labour Agreement or otherwise (e.g. ministerial decision).
e.The increase of the remuneration in case of work over 48 hours per week, shall amount to 20% of the paid hourly rate.
3.Reinstatement of seasonal employees: Enterprises that do not operate continuously throughout the year but operate up to nine (9) months per year (seasonal), shall be obliged to reinstate the same employees, which they employed during the previous season. A prerequisite for exercising and applying this right for the employee shall be their relevant written notice - statement to the employer, sent either to the address of their last workplace or to the employer's registered office, which must be sent until 20 January for enterprises operating in the summer and until 1 September for those operating in the winter. In order for the above written statement of the employee to be valid, it must be sent by registered letter to the employer pursuant to the aforementioned, through the relevant organization of the employee. In this case, the notice date shall be the date of submission of the statement to the post office for registered mail. The employee invited by the company shall be required to appear from the period before Easter and the beginning of November of each year, respectively. The recruitment and the rights and obligations of the employee resulting from it shall commence on the day the employee starts working.
4.In order to maintain the post of maitre in luxury stores, entertainment centres and A’ class stores, in all categories of such stores (i.e. luxury stores, entertainment centres and A’ class stores) and not only in A’ class stores eleven waiters must be employed, not including maitres, while for every 11 waiters, one maitre may be employed.
5.The classification of cooks categories from C 'to B' and from B 'to A' Category shall take place after 7 years of total previous service to any employer, which shall be proven by the relevant insurance certificates. In luxury stores, which employ one Cook, they shall be considered and paid as Cook A’.
6.Employers shall be required to issue a salary statement when paying the employees remuneration or a detailed payslip in case of a computerized system. In both cases, all types of the employees’ remuneration and deductions made must be shown in detail (Law 4254/2014).
7.The break taken for rest and food shall be granted within the working hours, but taking into account the needs of the company at the specific time of its realization.
8.For those subject hereto (case I and II), all the institutional provisions of the National General Collective Labour Agreement shall apply, as applicable each time.
II.Various benefits and other Provisions
(for employees of case I)
1.All employees of Case I shall be provided obligatorily, in addition to their salary, with food and bread (lunch or dinner) from the products on the menu of the store. This shall be adequate and clean, and shall be granted twice during the working hours within 24 hours, provided that their work lasts more than eight hours, otherwise once. In case some stores do not provide food to their employees for any reason, they shall pay them the value of the above food, calculated at the cost price of the store.
2.A T-shirt, a cook’s hat and an apron shall be given to cooks and roasters, and a uniform shall be given to the other kitchen staff These items shall be the property of the employer and shall be replaced by the employer when worn.
(for employees of case ii)
1.Employers subject hereto shall be prohibited to employ waiters for cleaning window panes, lavatories, sweeping and mopping squares and floors.
2.All the employees shall be provided with a T-shirt and an apron, and the dishwasher shall also be provided with a pair of gloves and a pair of rubber shoes. Especially for the waiters, as long as the employer demands them to wear a uniform other than the usual one (white T-shirt/shirt - black trousers), then they are obliged to supply them with it. All the above items shall be the property of the employer and shall be replaced when worn.
Article 6 DECLARATION OF THE AGREEMENT AS MANDATORY
The Parties agree to jointly take all the appropriate measures to declare this Sectoral Collective Labour Agreement as generally mandatory since this declaration shall be to the benefit of the members of both Parties.
Article 7 PRINCIPLE OF FAVOURABILITY
Further favourable terms of remuneration and work provided for by an individual employment contract, law, decree, ministerial decision, collective regulation, work regulation, operational habit shall not be affected hereby and shall continue to apply.
ARTICLE 8. Duration
The validity of this collective labour agreement shall start on 1 March 2023 and shall end on 28 February 2025.
The Contracting Parties
This Local Sectoral Collective Labour Agreement or Arbitration Decision was submitted to our service today on 13.06.2023 under deed number 11 by the legal representative of The "PANHELLENIC FEDERATION OF FOOD AND TOURISM WORKERS” (POEET), Mr. Georgios Chotzoglou, holder of the ID card No. AN683583 issued by Kaisariani Police Station on 13.02.2019.