Sixth Working Day: When the 40% Pay Premium Applies and What Employers Need to Know

16/07/2026
3 min
Sixth Working Day: When the 40% Pay Premium Applies and What Employers Need to Know

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The six-day working week continues to raise questions for both employees and HR teams, particularly around when it applies and how it should be compensated. The rule is often misunderstood as a general shift toward a six-day week across the economy, but the legal framework is much narrower than that.

The sixth working day provision was introduced under Law 5053/2023, passed in autumn 2023, as part of a broader labour reform aimed at addressing labour shortages while regulating additional working hours through a formal, compensated mechanism rather than undeclared overtime.

 

Which businesses are actually covered

The rule does not create a universal six-day workweek. It applies only to specific categories of private-sector employers: businesses that operate continuously, 24 hours a day, seven days a week, and businesses that are not inherently continuous but can operate Monday to Saturday on a rotating shift system, in exceptional circumstances such as an unforeseen spike in workload.

Employers in these categories cannot decide unilaterally to add a sixth working day whenever staffing is tight. Before scheduling the additional shift, the employer must notify the Labour Inspectorate and register the shift in the ERGANI II information system.

 

How the sixth day is paid

Employees who legally work under this framework are entitled to their normal daily wage increased by 40% for that additional day, according to Law 5053/2023. This is a separate mechanism from ordinary overtime, which follows its own rules and rates. The sixth working day is also capped at 8 hours and cannot be combined with overtime on the same day.

For payroll teams, the distinction matters: misclassifying a sixth working day as regular overtime, or the reverse, means applying the wrong compensation rate.

 

Why tourism and hospitality are the exception

Hotels, restaurants, and other hospitality businesses are frequently mentioned in discussions about the sixth working day, but they are not covered by this specific mechanism. These sectors already operated under their own sector-specific working time arrangements and collective agreements before Law 5053/2023 came into force, so the statutory 40% premium tied to the sixth working day does not apply to them in the same way.

Employers in tourism and food service should rely on their applicable collective agreements rather than assuming the general framework applies to their staff.

 

What HR teams should check before scheduling a sixth day

Before asking an employee to work a sixth day, it is worth confirming a few points:

- Is the business legally eligible under Law 5053/2023, based on how it operates.
- Does the employee's role and shift pattern fall within the scope of the legislation.
- Has the Labour Inspectorate been notified and has the shift been logged in ERGANI II before it starts.
- Will the employee receive the 40% premium, and is this clearly reflected in payroll.
- Are daily and weekly working time limits still being respected.

Skipping these steps exposes employers to labour inspections, fines, and employee claims, regardless of whether the additional work was well-intentioned.

 

 

Beyond compliance: what this means for employer branding

The sixth working day is ultimately a compliance issue, but how a company handles it says something broader about how it treats its people. Employers who explain clearly why an extra shift is needed, apply the legal premium without being asked, and keep records transparent are signalling something employees notice: that flexibility requests go both ways.

In sectors already dealing with recruitment difficulties, such as manufacturing, logistics, and healthcare, this kind of transparency is not just a legal safeguard. It is a differentiator. A company that treats the sixth working day as a rare, well-compensated exception, rather than a routine fix for understaffing, protects both its legal position and its reputation as an employer worth staying with.

 

Frequently Asked Questions

Does the sixth working day apply to every employer? No. Only businesses that operate continuously or use rotating shifts under exceptional circumstances, as defined by Law 5053/2023.

Is it the same as overtime? No. It is a separate legal mechanism with its own 40% premium, capped at 8 hours, and cannot be combined with overtime.

Does it apply to hotels and restaurants? Not through this mechanism. Tourism and hospitality follow their own sector-specific rules and collective agreements.

Can an employee refuse to work a sixth day? It depends on whether the employer is legally entitled to request it and what the employment contract says. Employees unsure of their rights should clarify with their employer or a labour advisor before assuming either way.

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