Measures to combat the COVID-19 pandemic – Employment & Social Security Issues

Measures for the protection of employees’ health and safety at the work place and the combat of the spread of COVID-19 following the waiver of the restriction measures

Circular number 17312/Δ9.506/4.5.2020 of the Ministry of Employment provides companies with guidance for the adoption, maintenance or improvement of measures and practices for the prevention and control of COVID-19 spread aiming at both employees’ protection and the wider community’s health as well as at the safeguarding of their operation.

More precisely, the Circular classifies the prevention measures into four subcategories:

• Organizational measures (e.g. measures aiming to achieve the required “distancing” at the work places, measures for the supervision/regulation of the entry of third persons, updating of the employees by any means, recommendation to avoid using elevators etc.).
• Personal hygiene and protection measures (e.g. updating and urging the employees and third persons to comply with the correct personal hygiene practices, provision to the employees of appropriate personal protection means, compliance of the employees with the correct personal hygiene practices etc.).
• Environmental measures (e.g. sufficient ventilation of the work places, frequent cleaning etc.) and
• Special measures for the spread’s prevention and the monitoring of the employees’ health (e.g. planning of procedures for the management of a suspicious infection, taking of measures for the protection of the employees’ health and particularly vulnerable groups in accordance with the guidance of the competent authorities, measures to combat cases of work anxiety etc.).

A self-assessment form is attached to the Circular, aiming, through certain questions, to assist companies to take the appropriate measures for the employees’ protection from COVID spreading.

Extension of validity of the special purposes leave exceptional and temporary measure

Joint Ministerial Decision number 17787/520/8.5.2020 (Official Government Gazette 1778 Β/10.5.2020) explicitly states that the special purpose leave provided for by the Legislative Act dated 11.3.2020 is granted in accordance with the applicable provisions throughout the period of closure of units/establishments for the care or education of children to whose protection it aimed, without any time limit or any other regulation required to be issued for this purpose.

Additional Measures for the support of private sector employees and employers for the combat of COVID-19 consequences and the gradual reopening of the employment market – Extension & Revocation of Suspension of employment agreements

Joint Ministerial Decision 17788/346/8.5.2020 (Official Government Gazette 1779 B/10.5.2020) clarifies further the regulations of the Legislative Act dated 1 May 2020:

• Employment agreements of personnel employed by businesses which continue to not operate during May 2020 by virtue of a state order continue to be suspended.
  During the period of suspension of the employment agreements, businesses are obliged not to reduce their personnel by means of dismissals, whereas any dismissals if effected are legally invalid.
  Employees of this category are eligible to collect special purpose indemnity at the amount of EUR 534 for May 2020.
  The procedure and timeline for the collection by the employees of this category of the above indemnity is defined (employees are released from the obligation to file a new statutory declaration, unless they wish to amend the data of their bank account or details of the lease of their main residence).
• Affected businesses which have suspended the employment agreements of all or some of their employees and business which resume operation following the waiver of their operations’ suspension by virtue of a state order, can extend the suspension of up to 60% of the agreements suspended, for a period up to 30 days and until 31 May 2020. The extension of suspension can be effected gradually and for a different number of employees. Excess of the above percentage entails the obligation of the employer to pay the salaries of the employees in question.
  However, certain businesses explicitly listed in the Joint Ministerial Decision in question (e.g. hotel businesses, passengers’ air transport businesses etc.) can extend the suspension without the 60% limit.
  Employees of this category are eligible to collect special purpose indemnity based on the number of the days of extension of suspension on the basis of the amount of EUR 534 corresponding to 30 days for May 2020.
  Businesses which will use the above measure are obliged not to reduce their personnel (by means of dismissals) during the time period of implementation of the measure in question and in any case until 31 May 2020, whereas any dismissals in breach of the above provisions are legally invalid. The same obligation (not to proceed with dismissals) as well as not to amend the type of agreements of their personnel applies for a 45 day period following the expiry of the suspension’s extension period.
• Businesses which resume operations following the waiver of their operations’ suspension by virtue of a state order can proceed with the revocation of the suspension of the employment agreements of at least 40% of their employees. Further, affected businesses which have suspended the employment agreements of all or some of their employees, can revoke the suspension of at least 40% of the suspended employees on the condition that the suspension has lasted for a period of 15 days at least.
  The businesses which are exempted from the 60% rule for the extension of suspensions are also exempted from the 40% rule for the suspensions’ revocation, and consequently these businesses can revoke less than 40% of the suspended employment agreements.
  Finally, businesses which continue to not operate during May 2020 by virtue of a state order cannot proceed with permanent revocation of the suspension of their personnel’s employment agreements.
  Businesses which revoke suspended employment agreements as above, can apply for the employees in question the measures of appointment of safe operation personnel and transfer of personnel between businesses of the same Group. It is explicitly defined that as far as the safe operation personnel is concerned, the employees whose suspension is revoked is taken into account for the calculation of the required 50% of the business’ personnel.
  If suspension is revoked, employees are eligible to collect financial support, which is calculated on the basis of the days of suspension. The procedure and timeline for the collection by the employees of this category of the above indemnity is defined (employees are released from the obligation to file a new statutory declaration, unless they wish to amend the data of their bank account or details of the lease of their main residence).
• The cases where businesses which continue to not operate by virtue of a state order during May 2020 or resume operations by virtue of a state order or fall within the category of affected businesses on the basis of their Business Activities Code (ΚΑΔ) can temporarily revoke the suspension of employment agreements for extraordinary, urgent and inflexible needs which cannot be postponed are clarified (e.g. businesses which continue to not operate during May 2020 by virtue of a state order and have suspended the employment agreements of their personnel for the fulfilment of extraordinary, urgent and inflexible needs which cannot be postponed). The time of temporary revocation qualifies as working time remunerated in total by the employer and extends equally the suspension period until the total period of suspension is completed.

Extension of the deadline for the payment of social security contributions for dependent employment during April 2020

Joint Ministerial Decision number Δ.15/Δ’/οικ.16484/499/7.5.2020 (Official Government Gazette 1775 Β’/9.5.2020) provides for the extension until 30 November 2020 of the deadline for the payment by businesses falling within its scope of social security contributions for dependent employment during April 2020 which should be paid by 31 May 2020, without any late payment interest or other surcharges. In case the employment agreements of employees of the businesses in question are suspended and the employer terminates them, as well as in case the employer does not maintain the same number of employees following the implementation of the measure in question, the extension of the payment deadline is automatically waived and the amounts due bear interest and surcharges.

Extension of the deadline for the payment of self employed and freelancers’ social security contributions corresponding to April 2020

Joint Ministerial Decision number Δ.15/Δ’/οικ.16486/500/7.5.2020 (Official Government Gazette 1775 Β’/9.5.2020) provides for the extension of the deadline for the payment by self employed and freelancers falling within its scope of the social security contributions corresponding to April 2020 (as well as of any instalments due following the supplementary assessment of social security contributions of previous years) which were due until 31 May 2020 and their payment in 4 equal monthly instalments due until the last working day of each month with the first instalment payable until 31 October 2020.