Design: what applies to 40% of telework in the private sector: how it is applied



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The mandatory implementation of a remote work provision system for employees of private sector companies-entrepreneurs in cases where their work can be provided with this system at a rate of 40% of the total of these employees, provides a relevant provision, in the context of immediate measures. prevent and reduce the spread of the coronavirus in the Attica region and decongest public transport and workplaces.

According to the provision, employers must, within twenty-four hours following the publication of the order in the Official Gazette, announce in advance to the “ERGANI” information system of the Ministry of Labor and Social Affairs that 40% of their employees can work remotely, for whom to apply this measure for the entire defined period of time, by completing form 4.1 “Declaration of remote work – special purpose form of paragraph 2 of article 4 of the Law on Legislative Content 11.3.2020 (AD55), which was ratified by article 2 of Law 4682/2020 (A ’76). “In the event of non-compliance with this obligation, a fine of 3,000 euros is imposed on the company-employer, after a corresponding audit by the Labor Inspection Body of the Ministry of Labor and Social Affairs.

In turn, the working hours of employees in private sector companies-employers are obligatorily adjusted at the beginning and at the end, so that every half hour and within two hours the employees come and go in relation to the beginning and the end. end respectively of the working day. its. For the period of application of the extraordinary measure, the obligation of the employer to register in the Information System “ERGANI” of the Ministry of Labor and Social Affairs, any change or modification of the working day or the organization of the working day of the employees. In any case, the provisions of Presidential Decree 88/1999 (AD 94) continue to apply, as well as the obligation of the employer to pre-announce the legal overtime and overtime hours, before they are carried out in the “ERGANI” Information System. of the Ministry of Labor. and Social Affairs. The above adjustment of the employees’ schedule does not change the type of employment contract for these employees.

It is observed that the above is valid within the Attica Region from the publication of this law in the Official Government Gazette until October 4, 2020. In addition, by joint decision of the Ministers of Finance, Development and Investment, Labor and Social Affairs and Health, its validity is possible. be extended for a longer time or extended to other areas of the Territory, to differentiate the percentage and determine other more specific issues for the application of the present.

Source: ΑΠΕ-ΜΠΕ

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