Measures to combat COVID-19 pandemic – Employment issues

We summarize the employers’ and employees’ support measures introduced by the Legislative Act dated 30 March 2020 (Official Government Gazette Bulletin A’ 75/30.3.2020), the Circulars of the Ministry of Employment and Social Affairs number 13738/413/31.3.2020 and 13867/416/1.4.2020 and Decision number 13564/Δ.14770/3.4.2020 of the Minister of Employment and Social Affairs. More precisely:

Extension of the deadline for the filing of the Statutory Declaration of employers with the Ergani platform for those whose operation is suspended by virtue of a state order

In accordance with the Press Release of the Ministry of Employment and Social Affairs dated 30 March 2020, the filing deadline with ERGANI platform of the Statutory Declaration of employers whose operation is suspended by virtue of a state order is extended up to (and including) 10 April 2020. The deadlines for the employees of this category to file the related declarations (which were based on the employees’ tax registration numbers) are also anticipated to be extended accordingly.

Easter allowance

The employment regulations of the Legislative Act dated 30 March 2020 are summarized as follows:

Both employers whose business operation is suspended by virtue of a state order and employers falling with the business sectors significantly affected by COVID-19, are entitled to delay payment of Easter allowance until 30 June 2020.

In case the employment agreements of employees of the above companies are suspended and the duration of the employment relation until the suspension date does not cover the entire period from 1 January until 30 April 2020, the employer pays the portion of the Easter allowance which corresponds to the period of the employment relation until its suspension, whereas the Easter allowance’s portion corresponding to the suspension period is paid by the State budget. The salary or wages as in force on the date before the date of the employment relation’s suspension serves as the basis of calculation of the Easter allowance.

The procedure and method of Easter allowance’s payment as well as any other required details will be regulated by virtue of a Ministerial Decision.

Suspension of collection of due social security contributions

In addition to the extension of the deadline for the payment of social security contributions for employers whose operation is suspended by virtue of a state order and employers significantly affected (Legislative Act dated 11 March 2020), the suspension of collection of amounts due is now introduced.

Clarifications on the Joint Ministerial Decision 12998/232/23.3.2020 (Official Government Gazette Bulletin Β’ 1078/28.3.2020) – Teleworking and salaried lawyers

Circular number οικ. 13738/413/31.3.2020 of the Ministry of Employment and Social Affairs clarifies certain provisions of the Joint Ministerial Decision number 12998/232/23.3.2020. More precisely:

• The exceptional agreement for the provision of tele-work by suspended employees (who are eligible to collect the special purpose indemnity) in order to cover exceptional needs of employers affected on the basis of their Business Activity Code (ΚΑΔ), can apply only up to 10% of the suspended employees.
• Salaried lawyers employed by companies whose business operation is suspended by virtue of a state order or are significantly affected on the basis of their Business Activity Code (ΚΑΔ) are not suspended and cannot collect the special purpose indemnity. Lawyers of this category are potentially eligible to collect the allowance of EUR 600 of the tele-training program of the Ministry of Employment and Social Affairs.

Clarifications regarding the right of fixed term employees whose employment agreements were prematurely terminated from 1/3/2020 up to (and including) 20/3/2020 to collect the special purpose indemnity

Circular number 13867/416/1.4.2020 of the Ministry of Employment and Social Affairs explicitly provides that fixed term employees of companies whose business operation is suspended by virtue of a state order or companies affected on the basis of their Business Activity Code (ΚΑΔ) whose agreements were early terminated during the period from 1 March 2020 up to (and including) 20 Μarch 2020 (either by resignation or by dismissal on serious grounds and filing of the E7 form with ERGANI platform) are entitled to collect the special purpose indemnity (EUR 800).

ERGANI platform forms and other regulations

By virtue of the Decision of the Minister of Employment and Social Affairs number 13564/Δ1.4770 (Official Government Gazette Bulletin Β’ 1161/3.4.2020):

• The form which the employer implementing distance work must file with ERGANI platform within the first ten days of the next month is published (“FORM 4.1: DISTANCE WORK DECLARATION – SPECIAL PURPOSE FORM OF ARTICLE 4 PAR. 2 OF THE LEGISLATIVE ACT (A’ 55/11.03.20)”).
• The form which the employer combining the measure of suspension of employment agreements with the provision of teleworking (in accordance with article 4 par. 3 of Chapter A.2 of Joint Ministerial Decision 12998/232/23-3-2020) must file with ERGANI platform before the commencement of teleworking is published (“FORM 4.2: TEMPORARY TELEWORKING DECLARATION - SPECIAL PURPOSE FORM OF ARTICLE 4 OF CHAPTER A.2 OF THE JOINT
  MINISTERIAL DECISION 12998/232/23-3-2020”).
  It is explicitly provided that the employer, for the whole period using the above measure, must maintain the same number of employment positions; that is refrain from dismissals for the total number of its personnel (any dismissal will be legally invalid). Termination of employment agreements due to resignation and retirement does not fall within the above restriction.
• It is explicitly provided that only affected companies (as defined in Chapter A.2 of the Joint Ministerial Decision 12998/232/23-3-2020) are entitled to appoint safe operation personnel in accordance with article 9 par.1 and 2 of the Legislative Act dated 20 March 2020 and it is reiterated that the above companies can combine the measure of employment agreements’ suspension with the measure of appointment of safe operation personnel and transfer of personnel between companies of the same Group.
  The obligation of the employer to maintain the same number of employees during the period of implementation of the above measure is further clarified, in the sense that dismissals of its entire personnel are prohibited. The above prohibition does not include termination of employment agreements due to resignation and retirement.
  The form which the employer implementing the above measure must file with ERGANI platform is published (“FORM 4.3: TABLE OF COMPANY’S SAFE
  OPERATION PERSONNEL METHOD OF ORGANISATION OF WORK – SPECIAL PURPOSE FORM OF ARTICLE 9, LEGISLATIVE ACT (Α’ 68/20 3-2020) WITH OBLIGATION TO MAINTAIN EMPLOYMENT POSISTIONS AND CLAUSE ON LEGAL INVALIDITY OF DISMISSAL”).
  The filing deadline of the above form is set in the first ten days of the next month from the implementation of the above method of work (whereas under the provisions of the Legislative Act dated 20 March 2020, it should be filed at the end of each month).
• The form which the employer implementing the measure of transfer of personnel between companies of the same Group (in accordance with article 10 of the Legislative Act dated 20 Μarch 2020 and article 1 par. 3 of the Joint Ministerial Decision. 12998/232/23-3-2020) must file with ERGANI platform is published (“FORM 4.4: TABLE OF PERSONNEL TRANSFER OF PERSONNEL TO COMPANIES WITHIN THE SAME GROUP – SPECIAL PURPOSE FORM OF ARTICLE 10, LEGISLATIVE ACT (Α’ 68/20-3-2-2020) WITH OBLIGATION TO MAINTAIN EMPLOYMENT POSISTIONS AND CLAUSE ON LEGAL INVALIDITY OF DISMISSAL”). Τhe form in question must be filed within the first ten days of the next month from the implementation of the measure in question.
  The above provisions on the maintenance of the same number of employees apply in this case as well.

Contact us

Liana Kosmatou

Lawyer/ Director
T: + 30 210 60 62 159
Ε : lkosmatou@cpalaw.gr

Irini Zouli

Lawyer/ Senior Manager
T: + 30 210 60 62 159
Ε : izouli@cpalaw.gr