New Labour Framework: On-Demand (?) Work
(Article 4 of Law No. 5239/2025, Articles 73 & 190 of Presidential Decree No. 62/2025)

Just two years ago, with Law No. 5053/2023, the concept of an unpredictable working schedule was introduced into Greek law for the first time, a matter which we addressed in previous publications. At that time, we followed with particular interest the legislative developments concerning the framework for its implementation, while also expressing our concerns regarding the largely unclear provisions of the law. With the very recent legislative amendment (Law No. 5239/2025), the legal regime governing “on-demand” employment is once again modified. The present article addresses the new provisions.

Concept

As we have already noted in the past, “on-demand contracts” are understood to be those contracts under which a framework is established whereby the employer retains the right to call upon the employee to provide services based on the needs of the undertaking. Provided that the relevant conditions (set out immediately below) are met, the employee is obliged to perform the work requested. In on-demand contracts, a fixed working schedule is either entirely absent or applies only partially and on a case-by-case basis.

Statutory conditions

In the case of an unpredictable working time schedule, the employee is obliged (§§1–3, Article 190 of Presidential Decree No. 62/2025) to accept a relevant request from the employer and to provide work only when the following two conditions are cumulatively met:

(a) The work is provided within predetermined reference hours and days, which the employer must notify to the employee in advance.

(b) The employee has been notified by the employer of the assignment of work in writing or by text message (SMS) or by e-mail or by any other appropriate means, within a reasonable time; in any event, not less than 24 hours prior to the commencement of the work. Exceptions apply in cases which objectively justify a shorter notice period.

Where the above two conditions are not cumulatively met, the employee is entitled to refuse the requested work assignment. In such case, any adverse treatment by the employer is expressly prohibited.

Where, at any time after notification of the employee (and in any event before the commencement of the work), the employer cancels the assignment, the employee is entitled to full compensation: namely that corresponding to the hourly wages for the hours of work not assigned.

The previous regulation

Under the previous legal framework, pursuant to the—now repealed—paragraphs 4 and 5 of Article 190 of Presidential Decree No. 62/2025:

“(…) 4. In the case of conclusion of a contract in accordance with paragraphs 1 to 3, the parties are obliged to agree on a minimum number of paid working hours, which may not be less than one quarter (1/4) of the agreed total number of hours; otherwise the contract is void.
5. In all cases of conclusion of a contract under this Article, all protective provisions for the employee linked to the employment contract or relationship of dependent employment shall apply, in particular Articles 169 to 186 and paragraph 1 of Article 350. Any unilateral conversion by the employer of a full-time or part-time employment contract into an on-demand contract is prohibited as a unilateral detrimental change to the terms of employment.”

The amendment

By virtue of Article 4 of Law No. 5239/2025, paragraphs 4 and 5 of Article 190 of Presidential Decree No. 62/2025 were repealed. According to the explanatory memorandum of the law, these provisions concerned the alignment of national law with Article 11 of Directive (EU) 2019/1152. However, that Article had an optional nature. It applied only to Member States which already permitted the use of on-demand contracts or other similar forms of employment. This was not the case under Greek law.

References to a “fully” unpredictable working schedule and to guaranteed hours of work were also deleted, both from the above-mentioned provision and from Article 73 of Presidential Decree No. 62/2025. The latter refers to the essential terms of employment to be notified by the employer to the employee where the working schedule is largely unpredictable.

According to the explanatory memorandum of the law, the national legal system does not provide for employment contracts without agreed working hours. The total duration of employment, both daily and weekly, is determined in the contract. Consequently, the relevant provisions apply to contracts with predetermined working hours (full-time or part-time), in which the schedule is variable. The total number of working hours constitutes part of the employment contract. Any additional work shall fall within the corresponding provisions, depending on whether the contract is part-time or full-time.

As a result of the above, there is no longer any need to refer to “guaranteed hours of work” or to the remuneration payable in the event of their exceedance.

The relevant provision (Article 190 of Presidential Decree No. 62/2025), as currently formulated and in force, applies to cases where employees have indeed agreed on their working hours, but their working schedule is predominantly unpredictable. Indicative examples include:

(a) cases of part-time employment with a predominantly unpredictable working schedule,
(b) cases of full-time employment where shifts are not scheduled in advance or are notified late.

Points of concern

With the new provisions, some of our earlier concerns are resolved, others become redundant; some remain; and others now arise, and indeed for the first time in a pronounced manner.

(a) As regards the type of such contracts, the remuneration of agreed and guaranteed hours of work and the exceeding of working time limits

It appears that it is no longer possible to refer to a distinct type of employment contract. Employment with a (predominantly) unpredictable working schedule will fall within one of the known types of employment: full-time or part-time; their distinguishing feature being the absence of a fixed working schedule.

Furthermore, there is no longer any issue regarding remuneration for work performed beyond agreed or guaranteed hours, as guaranteed hours no longer exist. Additional work will be remunerated as additional work, overtime or supplementary employment, depending on the type of contract, whether full-time or part-time.

(b) As regards the scope of reference hours and days

Is it possible for an employer to define (within a reference day) as reference hours—within which the employee will be called upon to provide work—any number of hours? For example, from 08:00 in the morning until 20:00 in the evening? No such limitation (other than those arising from potential abuse and the mandatory continuous rest period of 11 hours) has been imposed to date.

(c) As regards the scope of the employer’s ability to determine working time

The employer is obliged, inter alia—pursuant to Article 73 of Presidential Decree No. 62/2025—to notify the employee of “the duration of normal daily or weekly working time”.

Does this mean that the employer may notify the employee only of the weekly working hours and, otherwise, vary—within the predetermined reference hours and days—the employee’s working schedule? Although the wording of the law is frustratingly unclear, we arrive at an affirmative conclusion.

(d) Ultimately, what are the possibilities offered by the new provision?

The allocation of the employee’s working hours within the day falls, as a general rule, within the employer’s managerial prerogative. Under the previous regulation, the possibility was provided to meet fluctuating labour needs of the undertaking. The deletion of paragraphs 4 and 5 of Article 190 of Presidential Decree No. 62/2025 appears to significantly restrict its scope of application. It essentially redefines the institution of on-demand employment and moves away from the flexible organisation of employment relationships, which is absolutely and reasonably necessary for undertakings.

The institution of the unpredictable working schedule (or, in other words, on-demand contracts) constituted, at the time of its introduction, a highly anticipated development, as it aimed to address specific, critical needs of undertakings and, in particular, to promote flexibility in employment. However, the legislator appears to have taken a “step back”, imposing restrictions which will likely operate to the detriment of the flexibility it sought to provide. We naturally look forward to the adoption of clear solutions and the removal of the (not insignificant) constraints and concerns in any future legislative reform. Until then, however, we shall benefit from the provisions on the reduction of bureaucracy, which will be addressed in a subsequent publication.-

Stavros Koumentakis

Managing Partner

Koumentakis and Associates Law Firm