The compensation of labor for the day of the feast of the Holy Spirit

The Feast of the Holy Spirit (Monday, June 5, 2023) for private businesses is not included in the excluded holidays (holidays), but is a working day, unless it has been established as a holiday by a provision of law, Labor Regulation, Collective Labor Agreement in force, individual employment contract, or customary.

Therefore, employees who are paid a daily wage and are not employed on that day are not entitled to receive their daily wage (which, according to Law 3755/57, is granted only on special holidays), while those who are employed are not entitled to the 75% increase on their legal hourly wage.

However, the daily wage may be due to the non-employed on the above day (as on any other non-exempt holiday), either when there is a relevant agreement between the employer and the employee, or in application of the provisions on late payment of the employer and in particular, when the employer has unilaterally established the until then working day of the Holy Spirit or another non-exempt day, as a holiday. In this case, the employer must pay to those employees who are paid a daily wage, the wage that he would have paid them if they were working on that day.

If the employee is employed while the above day has been agreed as a public holiday, an additional remuneration is due, in accordance with Article 659 Civil Code, equal to the simple hourly wage for each hour of employment.

For employees of the State, Public Legal Entities, Public Legal Entities and Local Authorities, the day of the Holy Spirit is a public holiday (Legislative Decree 29-12-1980 ratified by Law 1157/81).