Employment Relations: Extraordinary Measures for the protection from CoVid-19, Practical Issues and Best Practices

Legislative Measures

The Legislative Act recently issued by the Greek Government in the effort to face and limit the new corona virus’ spreading, provides for extraordinary regulations related to employment relations. In fact:

• Because of exceptional needs, employers can impose unilaterally tele-working or distance working, without employees’ consent.
• Employers’ obligations towards employment authorities are relaxed:
  a) employers’ obligation to register with the Information System ERGANI any change or amendment to the working hours or the organization of employees’ working time, as well as overwork and legal overtime before they take place is suspended until 10 April 2020.
  b) for the same time period, the above registrations will be made within the first ten days of the month following the one where services were provided.
  The duration of the measure in question can be extended by virtue of a Ministerial Decision.
• A special purpose leave has been introduced for working parents during the period of suspension of the educational institutions’ operation up to and until 10 April 2020. Only one of the parents can request the leave in question (excluding certain cases) and under special conditions (children attending educational institutions other than lyceum, universities or colleges, at least one parent must work in the private sector, the applicant must meet the conditions for at least five days annual leave in case of five days employment). The minimum duration of the leave is set to 3 days, whereas it is also provided that the applicant will obligatorily use one day of his annual vacation for every three days of special purpose leave. The parent on special purpose leave will be entitled to full remuneration, out of which 1/3 will be paid by the State. Employees taking advantage of the special
  purpose leave must be registered with ERGANI during the period from 10 April 2020 to 15 April 2020. Further clarifications and instructions are anticipated.
• A Ministerial Decision on the suspension of social security obligations for companies affected by corona virus is anticipated to be issued.
  Practical Issues & Best Practices
  The unprecedented situation which we must all face also gives rise to several practical issues, for both employees and employers.

Employer’s obligations and best practices

• Within the context of employers’ general duty of care and the obligation to comply with state orders and instructions, all employers must keep up to date with them, follow the suggestions of the competent authorities, while at the same time requesting their personnel’s compliance.
• Within the context of compliance with the legislation and rules on employees’ health and safety, employers must proceed with the required sanitary actions at the working places (disinfections, provision of antiseptic solutions and other protective equipment, for example protective gloves or masks) and inform their employees for the practices they must also follow, even in cases where they work from home.
• Employers must provide employees with flexible working arrangements (for example, rotating employment) and the technical means to work from distance, if feasible on the basis of the business activities.
  In case of distance working, employers must ensure the security of the technical equipment and remind employees of the rules on the secrecy of confidential information and data of both the employer and its clientele.
• Interpersonal meetings with clients and associates should be avoided and can be replaced by electronic or telephone communications, but also by videoconferences if required. In this way, the risk of infringement of data protection legislation arising from practices many companies implemented during the last few days (signing of declarations by visitors and associates regarding their trips, their personal and their relatives’ health status etc.) is also avoided.
• Any further restrictions due to corona virus (for example, limited circulation of public transportation means) should be taken into account.
• In the unpleasant situation where an employee or his relative becomes ill, employers must intensify the measures for the protection of the remaining employees. Finally, depending on the case and the specific conditions, the need of temporary suspension of the company’s operation should also be examined.
  Further, the company’s employees must be informed accordingly to the extent required per case.
• Other obligations of the employer (for instance, payment of salaries etc.) continue to be regulated by the applicable provisions, subject to the provisions on
  salaries during the special purpose leave.
• Business trips or secondment of personnel to areas affected by the corona virus should be avoided.

Employees’ obligations & practices

Similarly to employers, employees must also comply with the authorities’ suggestions and refrain from activities which could endanger both themselves and their family and professional circle.

Immediate contact with the employer (especially in case of sickness or contact with a corona virus affected person) as well as observance of personal hygiene measures will be of crucial importance for the handling of this crisis, until our daily life and activities come back to normal, both at a personal and a business level.