Factsheet for measure
GR-2020-12/2713
–
Updated
– measures in Greece
Transfer of personnel to companies within the same group
Μεταφορά προσωπικού σε επιχειρήσεις εντός του ιδίου ομίλου
Background information
By virtue of the Legislative Act 20 March 2020 'Urgent measures to address the consequences of the spread of COVID-19, to support the society and entrepreneurship, and to safeguard the smooth operation of the market and public administration', businesses that have been financially affected as per their Activity Code Numbers (ACN), or their operation has been suspended under a state decision, may transfer staff from a business to another business of the same group, following an agreement. The measure is meant to be active as long as the measures to counteract the COVID-19 last.
Content of measure
In the context of emergency and interim measures in the labour market for dealing with and limiting the spread of COVID-19, employers whose businesses are severely affected or are under ban of operation, may transfer staff to another unit of the same group, as long as they are operational. The transfer should follow an agreement: according to Article 10 of the legislative act, the transfer of personnel within the same group can take place with a simple agreement between companies of the group, without the consent of employees.
Group entities that are implementing such measures are required to maintain the same total headcount prior to the transfer. The provision of article 10 does not prohibit the dismissal of employees, in the form of absolute invalidity, but only as an obligation to maintain the same number of jobs throughout the implementation of this measure.
According to the Ministerial Decision (No. 13564/Δ1.4770/2020), which constitutes the new measure, to apply for this programme employers should submit a special document named 'Form 4.4 personnel table for the transfer of personnel to undertakings within the group' to the Ergani-platform, within the first 10 days of the month following the one of the implementation of the transfer.
Funding
National government: Ministry of Finance; Ministry of Labour and Social Affairs
Updates
The following updates to this measure have been made after it came into effect.
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10 April 2020
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Transfer of personnel is regulated by law. The difference between the previous regime and the extraordinary measure presented here is that before the pandemic the transfer of personnel could be considered as a unilateral harmful change of the employee's working conditions and therefore abusive. The measure (GR/2713) applied due to the pandemic was more flexible in its application; Article 10 of Law 4683/10.04.2020 ratifying the Act of Legislative Content (20.03.2020) has not terminated up to now.
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Use of measure
Although it is stated that this measure can be taken in the context of extraordinary and temporary measures in the labour market, due to COVID-19, there is no explicit provision for its time validity or for the maximum time the transfer is taking on. Since the ultimate purpose of the measure is to maintain employment status through the flexible movement of employees, within the same group of companies, it should not be abused nor used for the purpose of concealing permanent staff transfer.
Target groups
Actors and funding
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Actors
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Funding
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National government
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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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Unknown
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Unknown
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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:
-
Unknown
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Main level of involvement: Unknown
Involvement
Unknown
Views and reactions
Unknown
Sources
