Operation of businesses with safe operation personnel
1. In the context of the extraordinary and temporary measures in the labor market to deal with and limit the spread of the COVID-19 coronavirus, and in any case for a period of time that cannot exceed six (6) months from the entry into force of this an employer may, by his decision, designate personnel for the safe operation of the business as follows:
a) Each employee can be employed for a minimum of two (2) weeks with a reference period per month, continuously or intermittently,
b) The above way of organizing the work is done per week and includes at least the 50% of the company's staff,
c) An employer who will implement this way of organizing work is obliged to maintain the same number of employees employed at the start of its implementation.
2. At the end of each month, the employer is obliged to declare the implementation of the above working method on a special form in the "ERGANI" Information System of the Ministry of Labor and Social Affairs.
What was the case regarding the enforcement of rotating employment?
THE law 3846/2010 stipulated that:
If his activities are limited, the employer may, instead of terminating the employment contract, impose a system of rotating employment in his company, the duration of which may not exceed nine (9) months in the same calendar year, only if he previously informs and consultation with the legal representatives of the employees, in accordance with the provisions of the P.D. 260/2006 and Law 1767/1988.
What does this arrangement mean in practice?
- If the employer so wishes, he can INDIVIDUALLY implement the system of rotating employment, that is, define employment of fewer days either on a weekly or monthly basis. Based on the 35958/666/31-7-2017, Rotational employment is considered employment for fewer days per week or fewer weeks per month or fewer months per year or a combination of these for full-time daily working hours.
- In this setting, at least 50% of the staff should be included, with the possibility of even joining the 100% of the company's staff
- In this regulation, it is defined that the minimum total employment is 2 weeks per month, that is, in 5-day employment, the minimum is 10 days per month from the total of 21,22,23 working days of a month
- As was the case with the previous provisions, when such a measure is applied, any kind of dismissal is prohibited. However, the new provision also prohibits any staff reduction, which of course can also occur with voluntary departures
- It is noted that there is no mention of whether this measure can also be applied to part-time workers, however it is clarified that with the previous provisions, the application of mandatory rotational employment to workers who worked fewer hours/day (part-time) was prohibited.
- With this new arrangement, a consultation process with the company's staff is not required
- This new regulation also changes the maximum period of its application from 9 to 6 months.
When can it be implemented?
Since its publication Act of Legislative Content i.e. from 21/3/2020
You ask – we answer?
1. So can an employer implement it immediately from tomorrow 3/22/2020?
Yes, of course, and in fact, because the provision states that the reference level is the month, it can directly define which employees will be employed for the rest of the month of March, either fewer weeks, or fewer days in the rest of the month.
2. How will the salaries of the employees be structured?
Will the wages of workers be reduced in proportion to the reduced days of employment?
3. And what will be done with the employees' contributions and badges?
And the contributions that will be paid by the employer and the marks that will be recognized to the employee will be reduced accordingly?
4. What forms will be used to modify the working days of the employees who will be included in the provisions
A special circular from the Ministry of Labor is expected
5. How much less can workers be employed?
- Can someone be employed 2 days less each week
- Someone can be employed 1 week and not be employed the next
- It is possible for someone to be employed for 3 weeks and not be employed for 1 week
- It is possible for someone to be employed 2 weeks in a row and not be employed the other 2 weeks
6. That is, if an employee is employed only 10 of the total 23 working days of the month, how much will his salary be reduced?
The reduction will approach 60% of earnings!
Source: e-forologia.gr