Flexible working hours, express recruitment and “broken” summer holidays: The 8 key changes brought by the labour bill

With a nodal point, the flexible moving hours for the payment of workers and businesses was tabled precocious past nighttime successful the House of Representatives a labour measure entitled “Fair Work for All: Simplifying Legislation-Supporting the Worker-Protection successful Practice” which is expected to beryllium discussed successful the applicable parliamentary committees from Tuesday.

This Tuesday, the Committee volition conscionable connected Tuesday with the Parliament’s plenary session.
The measure provides for the anticipation for a idiosyncratic to enactment up to 13 hours a time (by exception) for an leader with a 40% summation successful pay, a proviso that has received the strongest absorption from the absorption and commercialized unions.

However, arsenic a safeguard to support the employee, pursuing a connection by the societal partners, an nonfiction was added that explicitly states that the worker cannot beryllium dismissed if helium oregon she refuses to enactment overtime (the termination of the declaration volition beryllium considered invalid) successful the discourse of the one-hour hold of overtime, which, nether definite conditions, tin output up to 13 hours of enactment for the aforesaid employer.

In particular, the measure strengthens enactment to employees arsenic it provides, among different things, greater freedoms successful four-day enactment and successful the employee’s petition for the allocation of yearly permission for leisure, increases the fig of beneficiaries of gestation and maternity allowance, provides that parental permission allowance is untraceable, unconfiscated, tax-free, prohibits reductions successful wage aft the implementation of the integer enactment card, provides for the mandatory beingness of a wellness and information coordinator successful large method projects.

At the aforesaid time, it includes provisions that marque it easier for businesses. Among different things, it provides for a important simplification of the recruitment process, fast-track fixed-term recruitment for urgent needs and the abolition of galore forms whose accusation is already submitted to the ERGANI II system, to regenerate “paperwork” with integer functionality.

Finally, it incorporates provisions aimed astatine the functional strengthening of the Labour Inspectorate, but besides societal information provisions which provide, among different things, that the exemption of surcharges from security contributions for overtime, overtime, overtime, nighttime enactment and nationalist holidays extends to supplements for overtime, overtime, nighttime enactment and nationalist holidays provided for successful corporate labour agreements arsenic good arsenic to related supplements voluntarily granted by the employer, benefiting some employees and enterprises.

“It was an highly fruitful process that resulted successful the last substance of the bill, successful which we incorporated a ample fig of proposals coming from the societal partners and comments from the consultation. This is simply a measure that responds to the needs of the modern labour marketplace and that came from its core, workers and businesses. We are ever unfastened to realistic proposals, and our purpose is simply a continuous and constructive dialog with each stakeholders,” said Minister of Labour and Social Security Niki Kerameos.

Among the proposals submitted by the societal partners and incorporated into the measure are:
– The proviso that the refusal to supply overtime cannot pb to immoderate detrimental alteration oregon favoritism against the worker by the employer

– The clarification that immoderate unjustified simplification successful wage constitutes a unilateral adverse alteration and not lone if it was made pursuing the implementation of the Digital Job Card

– The clarification that, successful the lack of a recruitment notice, a good for undeclared enactment is imposed

– The abolition of the work of co-signature by the leader successful cases of voluntary departure and the automatic notification of the leader for the submission of the declaration by the employee.

Also, aft the consultation, provisions were added to the measure that supply for, but are not constricted to:
– Extension of extortion against dismissal (maternity protection) to foster mothers

– Simplification of the requirements for expanding the specialties eligible to signifier arsenic an occupational doc to code the shortage of occupational physicians.

The cardinal changes brought by the measure are arsenic follows:
1. Flexible Hours – What is presently successful spot and what changes: Up to now, successful summation to the 8-hour workweek, the 9th hr of work, which is considered overtime, positive 3 further hours, up to the 12th hour, which are considered overtime, is statutory. Also, today, an worker is allowed to enactment up to 13 hours per time for 2 oregon much employers. Under the bill, the 13-hour workday enactment is extended to employees moving for a azygous employer, provided that the remainder and maximum play hours limits are strictly observed. It should beryllium noted that the 13-hour bounds whitethorn not beryllium applied daily, but connected an idiosyncratic basis, if the needs of the concern make the information for specified an summation successful moving hours. In immoderate case, the draught instrumentality volition specify that the 48 hours of overtime successful 4 months and 150 hours of overtime connected an yearly ground volition beryllium maintained arsenic the maximum permissible limit. Therefore, an worker whitethorn enactment 13 hours per time up to a full of 37.5 days per year. According to authoritative figures, retired of the 27 EU subordinate states, much than 10 countries straight oregon indirectly recognise the anticipation of 13 hours of regular overtime work.

Indirectly oregon indirectly, it is imaginable to person much than 13 hours of overtime successful the EU.
Overtime (i.e. the 10th to the 13th hr successful a day) requires the consent of the worker who is explicitly protected from dismissal if helium oregon she refuses to enactment overtime.

The Ministry of Labour categorically states that the eight-hour time is grandfathered and remains successful afloat unit and effect.

2. Salary summation owed to overtime. The measure notes that overtime is accompanied by statutory increases (plus 40%). This is besides ensured by the implementation of the Digital Job Card, arsenic if overtime is not declared, the other hr of enactment is considered amerciable and a 120% surcharge is due.In fact, with the caller regulation, the worker is favoured successful presumption of salary. Example: an worker who works for 2 employers and is paid €8 per hr if he/she works 13 hours for 2 employers volition beryllium paid a regular wage of €104. If he/she works the corresponding hours for a azygous employer, he/she volition person €119. Thus, determination would person to beryllium the consent of the worker for specified an addition, which if not the case, helium cannot beryllium fired for refusing.

3. Arrangement of moving hours – four-day working: The anticipation of four-day moving passim the twelvemonth (rather than conscionable for six months) is introduced, giving respite particularly to moving parents and radical with accrued household responsibilities, portion astatine the aforesaid clip amended serving the needs of the concern during highest periods. Arrangements tin beryllium made connected a weekly, monthly, to yearly basis, providing flexibility for each worker to docket their clip off. Caution: immoderate alteration successful moving hours needfully requires the consent of the employees. Under the caller rules and successful consultation with the employer, they volition beryllium capable to summation oregon alteration their regular moving hours portion maintaining the mean of 40 hours per week. The other hours worked tin beryllium compensated by reduced moving hours, clip off, oregon permission connected consequent days. For example, a 10-hour workday could beryllium applied for 2 days, and successful return, workers would beryllium fixed reduced regular moving hours for 2 consecutive days wrong the aforesaid week, portion taking the 5th time disconnected arsenic portion of the 4-day workweek.

4. Express recruitment: At the aforesaid time, the aforesaid measure volition beforehand recruitment with fast-track procedures done a mobile app truthful that unit tin beryllium recruited, particularly successful emergencies specified arsenic holidays and weekends, erstwhile determination is an accrued request for lawsuit work successful restaurants, accommodation, and hotels. In particular, immoderate leader whitethorn enlistee employees to screen exigency needs nether a fixed-term employment declaration of up to 2 (2) days per week, done a peculiar online exertion “Rapid Recruitment”.

Before the commencement of employment, the leader declares done the peculiar online exertion P.S. ERGANI II the indispensable presumption of employment provided. If the worker is simply a foreigner oregon a minor, the indispensable documents proving ineligible entree to the labour marketplace are besides submitted via the aforesaid application.

The worker receives a announcement of the connection to reason the declaration done the “MyErgani” online application, and indispensable judge it done the aforesaid online exertion earlier the commencement of employment. In lawsuit of modifications of the declared data, the leader sends an physics notification again, arsenic to the modified data, and the worker indispensable judge the modification, astatine the latest by the commencement of the primitively declared moving hours oregon by the commencement of immoderate modified moving hours, whichever is earlier.

Currently, the employee’s commencement of employment requires notification of his/her employment to the applicable departments of the DYPA, the Labor Inspectorate, and the National Social Security Administration. At the aforesaid time, the physics submission of these forms to the accusation strategy “Ergani” is mandatory, arsenic good arsenic the acceptance of the hiring by the employee.

The employers of the catering assemblage had galore times successful the past submitted a petition to the ministry for simplification of procedures, arsenic it is hard to find an accountant to beforehand the hiring process and to respond to the bureaucracy – insubstantial and integer – connected the weekend, portion they are “burning” for further unit to header with exigency needs.

The fast-track process that comes successful effect to the employers’ petition volition effect successful shortening the time, relieving accounting departments and businesses of further bureaucratic burdens. In fact, the anticipation of contiguous recruitment passim the 24 hours volition peculiarly payment businesses that run extracurricular the emblematic moving days and hours, specified arsenic those successful the catering, hospitality, and tourism sectors, wherever the request for unit whitethorn originate unpredictably.

A prerequisite is intelligibly the declaration of the recruitment successful “ERGANI” due to the fact that successful galore cases, employers admit that they are forced to interruption the law, preferring undeclared enactment to the “odyssey” of bureaucracy.

As Labour Minister Niki Kerameos stressed, with the caller system, lone 1 papers volition beryllium required alternatively of 4 today.

Attention: There is nary proviso for explicit dismissals successful the bill. It changes perfectly thing successful the existent organization model with respect to redundancies.

5. Voluntary one-click resignation. In the aforesaid model of reducing bureaucracy, the voluntary one-click resignation is besides included. Under the existent regime, erstwhile a declaration is voluntarily terminated by the employee, the leader cannot instantly prosecute different employee, but 10 days indispensable elapse; otherwise, the worker tin assertion compensation for dismissal. With accelerated way hiring and termination, hiring employees to regenerate those who voluntarily permission volition beryllium done immediately, without requiring 10 days to elapse earlier the voluntary departure volition not beryllium classified arsenic a layoff.

6. Right to overtime successful rotational work.
Under the caller regulation, rotational employees volition beryllium entitled to enactment successful summation to their eight-hour workweek, receiving the corresponding 40% premium for each hr of overtime if they truthful wish. For example, idiosyncratic moving successful a edifice that operates connected Friday, Saturday and Sunday volition beryllium capable to supplement their income with overtime if they wish.

7. “Broken” permission of astatine slightest 5 days – What changes successful the granting of summertime leave
More autonomy successful the allocation of yearly summertime permission is provided successful the proviso included successful the Labour Bill, giving the worker the state to allocate his/her yearly permission arsenic he/she wish, aft consultation with the employer.

Currently, the splitting of abrogation clip (split leave) is lone allowed by objection into 2 periods, 1 of which indispensable see astatine slightest 12 moving days connected a six-day workweek and 10 moving days connected a five-day workweek upon written petition of the worker to the employer. However, successful signifier successful astir backstage assemblage enterprises, permission is granted for 3 weeks successful August erstwhile the endeavor is closed oregon under-utilised. Conversely, respective businesses ( e.g., bottled water, brushed drinks) similar to springiness employees the agelong vacation successful the wintertime alternatively of during the highest period.

With the caller provision, the “bottlenecks” are abolished arsenic the worker tin “break” his permission arsenic it suits him, but successful consultation with the employer. For example, helium volition beryllium capable to instrumentality his yearly permission successful 4 antithetic periods wrong the aforesaid twelvemonth if helium wishes, depending connected his idiosyncratic and household needs.

8. An extremity to arbitrariness with the usage of the integer paper I americium establishing.