Factsheet for measure
GR-2020-11/668
–
Updated
– measures in Greece
Employers authorised to unilaterally switch to teleworking
Τηλεργασία ως εκτακτο και προσωρινό μέτρα στην αγορά εργασίας για την αντιμετώπιση και τον περιορισμό της διάδοσης του κορωνοϊού COVID-19, Πράξη Νομοθετικού Περιεχομένου (ΠΝΠ), Αρ. Φύλλου 55, Άρθρο 4, παρ. 2, 11.03.2020)
Background information
The Ministry of Labour and Social Affairs issued the Circular 12339/404/ dated 12 March 2020, providing clarifications on a series of measures on how to deal with COVID-19 pandemic in everyday working life. According to this measure, employers are authorised to unilaterally impose a system of teleworking and organize any detail related to it. The aim of the measure is to support companies in adapting their work organisation to comply with the social distancing measures adopted as a consequence of the COVID-19 pandemic. (Art. 4 par.2, Legislative Act of 11.03.2020 - Telework).
Content of measure
According to this measure, employers may determine unilaterally that the work provided by the employee at the place of work shall be carried out with the system of remote work (teleworking). Upon Joint Ministerial Decision of the Ministers of Finance, Labour and Social Affairs and Health, the period of application of this extraordinary and temporary measure, which was initially scheduled between 11 March 2020 and 10 April 2020, has been extended up to 30 April 2020. Employers shall submit to the ERGANI platform (Digital System of the Ministry of Labour and Social Affairs), the special document named "FORM 4.1 DECLARATION OF REMOTE WORKING'', within the first 10 days of the following month from the provision of work.
Updates
The following updates to this measure have been made after it came into effect.
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30 December 2021
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In cases where it is possible by the nature of the work (i.e. banks, insurance companies), the obligation of companies to put up to 50% of their employees in teleworking regime applies. The placement of employees in teleworking status is announced in advance at Information System ERGANI. For the implementation of this measure what was valid in previous periods, will be applied. In addition, shift work (rolling hours of arrival and departure from work) applies in order to decongest the means of public transport. In this case, there will be specialization of the measure, following the necessary consultations between employers and employees. For example, if in a business the eight hours working time/per day starts at 08:00 in the morning and ends at 16:00 in the afternoon, the employees will have to work in waves as follows: one quarter at 08:00 a.m.; one quarter at 08:30 p.m.; one quarter at 09:00 a.m.; one quarter at 09:30 a.m.
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17 September 2021
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The new Ministerial Decision no 57069 of 7 September 2021 provides that the rate of teleworking employees is determined after 20 September 2021 by a decision of each employer, in accordance with the article 67 of Law 4808/2021 (A' 101).
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02 July 2021
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The measure of teleworking, with five Ministerial decisions (No 41332/2.7.2021 on two July 2021 and other) decreased to 20% on the total number of the employees from July 2021 until 19 September 2021.
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27 January 2021
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The measure of teleworking, was renewed with three Ministerial decisions (No 3813/102 on 27 January 2021, No 8689/102 on on 25 February 2021, No 13777 on 31 March 2021) for February, March and April 2021. Also, in the geographical areas with a 'very high risk level', the participation rate of workers in compulsory teleworking increased to 60% for March 2021.
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28 December 2020
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Based on Joint Ministerial Decisions (οικ. 48690/1476/25 November 2020, 52241/1567/17 December 2020 and 52831/1581, OGG 5759/B/28 December 2021), employers' unilateral decision for employees to telework or work remotely is extended until 31 January, 2021. Remote work is compulsory for 50% of the total number of employees, when the type of work being carried out allows it. A fine of €3,000 will be imposed when employer's omit, to declare in the platform "ERGANI", the 50% of the employees who will work remotely. Further, the employee's working schedule will be adjusted in such a way that employees will arrive and leave every half hour and all within a two hour window in relation to the their schedule.
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06 November 2020
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The Ministry of Labour announced on Friday, 6 November 2020 the special provisions for remote working and organisation of the time and place of work that applies to all employers. Remote work system is compulsory applied at a rate of 50% of the total number of employees, for which such measure is applicable. A fine of €3,000 will be imposed in case of the employer's omission, to declare in the platform "ERGANI", within 24 hours from the publication of the enacted provisions, the 50% of the employees who will work remotely. For the above purposes, the employers shall fill in the special document named "FORM 4.1 DECLARATION OF REMOTE WORKING''. Further, the employee's working schedule will be adjusted in such a way that employees will arrive and leave every half hour and within two hours in relation to the their schedule. For the above purposes, the employers' obligation to declare in the ERGANI platform changes or modifications to working hours, is suspended. In order to find 0-ppo;'[.out the 50% percentage, the employees whose employment contract is suspended or receiving any type of leave provided to the labour legislation, are not calculated. The measure will be in force until 31 December 2020.
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Use of measure
No available information.
Target groups
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Workers
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Businesses
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Citizens
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Does not apply to workers
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Applies to all businesses
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Does not apply to citizens
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Actors and funding
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Actors
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Funding
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National government
Company / Companies
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Informed
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Informed
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Form
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Not applicable
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Not applicable
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Social partners' role in the
implementation, monitoring and assessment phase:
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No involvement
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Main level of involvement: Unknown
Involvement
A tripartite meeting of all national social partners with the Ministry of Labour took place at the beginning of the virus outbreak (10 March 2020). During the meeting, the government briefed the social partners on the situation in whole and on the suggested measures and policies, and all parties were engaged in dialogue. The proposals and opinions of the social partners were taken into consideration, without being binding.
Views and reactions
According to a public opinion survey among employees carried out by GSEE (Greek General Confederation of Labour), published in 19 January 2021 concerning “climate” indicators as regards wages, job security and teleworking shows that: 4 out of 10 workers report having teleworked during the pandemic and the majority of them assess negatively the rapid development of teleworking in relation to their professional development, the evolution of their pay, their working hours, their employment rights, their personal life and mental balance. In particular, 65% regards as negative the effects of teleworking in relation to their working hours and 54% assess as negative the impact of teleworking in relation to their employment rights and their mental balance. Forty per cent assess as negative the impact of teleworking on the development of their remuneration, while the same percentage is recorded for the effects of teleworking on their professional development. Furthermore, according to a survey carried out by SBE (Federation of Industries of Greece) in 168 member companies, for the period 28 February - 8 March 2021, it appears that the implementation of teleworking is of great concern for the industry sector. Although 100% of enterprises have implemented teleworking, only 21% of the rate teleworking positively, 36% have a negative view how it operates, while the 66% of the companies say they are reluctant to adopt teleworking methods after the end of the pandemic. The government since the summer of 2020 has declared that it will pass a teleworking law. In this context, the Economic and Social Committee of Greece (O.K.E.) prepared a proposal/opinion in July 2020 entitled "Teleworking-Problems and Perspectives". The Greek General Confederation of Labour (GSEE), for its part, on 1 April 2021 published a specific proposal to the government and the employers' organisations "to institutionalise the right of disconnection and to address with a specific regulatory framework the impact of teleworking on work, with a view to improve the level of the protection for workers in relation to the existing institutional framework".
Sources
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11 March 2020: Act of Legislative Content of 11.03.2020 "Emergency contingency measures to tackle the adverse effects of the outbreak of COVID-19 and to address the need to limit the spread of the virus»
(www.et.gr)
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19 January 2021: Press Release 19 January 2021 -LabourMarketClimateIndicators: (ΔΕΛΤΙΟΤΥΠΟΥ 19.1.21 _ΔείκτεςΚλίματοςΑγοράςΕργασίας
(gsee.gr)
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23 March 2021: The implementation of teleworking seems to be a concern for the industry.(Η εφαρμογή της τηλεργασίας φαίνεται ότι προβληματίζει τη βιομηχανία. Έρευνα του ΣΒΕ για την αξιολόγηση της εφαρμογής της τηλεργασίας σε μεταποιητικές επιχειρήσεις της περιφέρειας
(sbe.org.gr)
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02 July 2021: Ministry of Labour, Decision 41332/2.7.2021 Emergency measures for the protection of public health (Ipourgeio Ergasias, Apofasi 41332/2.7.2021 , Ektakta metra prostasias tis dimosias igias)
(www.elinyae.gr)
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18 September 2021: Decision 57069/17.9.2021 Emergency measures to protect public health from the risk of further spread of the COVID-19 coronavirus (Apofasi 57069/17.9.2021 Ektakta-metra-prostasias-tis-dimosias-ugeias-apo-ton-kinduno-diasporas-tou-koronoiou
(www.taxheaven.gr)
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30 December 2021: Reactivation of Employment Contract Suspension
(www.moneyreview.gr)
