We hereby summarize the most important recent developments on employment and social security regulations in accordance with Law 4684.2020, 14675/499/2020, 14638/Δ.1 4991 και 406/24.4.2020 decisions of the Ministry of Labour, the Joint Ministerial Decisions KYA 39162 ΕΞ 2020, ΓΔΟΥ88/24.4.2020 και 16135/499/2020 and the Circular 15/2020 of the National Social Security Fund. More precisely:
Penalty imposition on employers employing suspended employees
Ministerial Decision 14675/499/2020 (Official Government Gazette Β 1378/14.4.2020) provides for the imposition of monetary penalty of EUR 1 200 (per affected employee) in case of:
- occupation of suspended employees and
- occupation of suspended employees not complying with the terms and conditions for the notification with ERGANI platform of temporary teleworking.
Special purpose leave notification form Ministerial Decision 14638/Δ.1 4991 (Official Government Gazette Β 1424/15.4.2020) provides for special purpose leave notification form introduced by the Legislative Act dated 11 March 2020 (Form 11.1 – Form for the Notification of Data on Special Purpose Leave and Related Annual Leave of article 4 par. 3f of the Legislative Act (55/Α’/11.03.2020)). The Decision further provides that the notification in question must be made within the first fifteen days of the month following the one the special purpose leave was taken, excluding special purpose leave taken during March 2020 which is notified during the first fifteen days of May 2020.
Special purpose indemnity to support companies
Joint Ministerial Decision 39162 ΕΞ 2020 (Official Government Gazette Β 1457/16.4.2020) as amended by the Joint Ministerial Decision ΓΔΟΥ88/24.4.2020 (Official Government Gazette Β 1578/24.4.2020), issued on the basis of article 1 of the Legislative Act dated 13 Αpril 2020 (which replaced article 6 of the Legislative Act dated 20 Μarch 2020) extended, under specifically defined conditions, the provision of special purpose indemnity of EUR 800 to freelancers and self employed (as defined in article 2 of Law 4387/2016 as in force) to owners of private businesses, as well as of general partnerships, limited partnerships, limited liability companies, private companies (excluding S.A. companies) which do not employ personnel or employ up to 5 employees. The indemnity in question covers a 45 day period (from 17 March 2020 to 30 April 2020). The application for the payment of the indemnity must be filed electronically with the platform “myBusinessSupport” until (and including) 28 April 2020.
Law 4684/2020 (Official Government Gazette A 86/25.4.2020) extended the above indemnity to apply to companies employing up to 20 employees.
By virtue of the Ministerial Decision under protocol number 406/24.4.2020, the teletraining with certification program addressed to scientists of six scientific sectors affected by COVID-19 (doctors, lawyers, engineers etc.) who, following its conclusion, would collect a benefit of EUR 600, has been annulled. The procedure for the payment of the above indemnity to beneficiaries of this category is anticipated to be determined by virtue of a new Ministerial Decision.
Extension of duration of measures introduced by the Legislative Act dated 11 March 2020
By virtue of the Joint Ministerial Decision 16135/499/2020 (Official Government Gazette B 1566/24.4.2020):
- The suspension of employers’ notification obligations with the ERGANI platform regarding changes or amendments to the employees’ working hours or organization of working time as well as overwork and legal overtime is extended to (and including) 31 Μay 2020.
- Special purpose leave is extended to (and including) 10 May 2020.
- The employer’s right to impose unilaterally distance working is extended to (and including) 31 May 2020.
Clarifications on the payment of reduced social security contributions by self employed and freelances in accordance with the Ministerial Decision Δ.15/Δ’/οικ.13994/339
The EFKA Circular number 15/2020 provides clarifications regarding the possibility of self employed and freelancers to pay reduced by 25% social security contributions corresponding to March and April 2020.
ERGANI platform and Special Purpose Forms
- Form 4.1: Distance Work Declaration – Special Purpose Form of article 4 par. 2 of the Legislative Act dated 11 Μarch 2020
- Form 4.2: Temporary Teleworking Declaration – Special Purpose Form of article 4 of Chapter A2 of the Joint Ministerial Decision 12998 with maintenance of employment positions obligation and invalidity of dismissal clause, are now operational in the ERGANI platform.
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