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The closure of schools at all levels, primary, kindergartens and kindergartens, the government decided to limit the spread of the coronavirus and is scheduled to be announced at 18:00 in the afternoon to inform the Deputy Minister of Civil Protection and Crisis Management , Nikos Hardalias, in which the Minister of Education Niki Kerameos will also participate.
In this context, the Ministry of the Interior has already issued a circular, which establishes the way in which permits for special purposes will be issued to parents of public sector employees.
As indicated in the circular of the Ministry of Foreign Affairs: “Given the evolution of the pandemic and the consequence of this total suspension of the operation of schools in response and limitation of the spread of COVID-19, while it lasts, it is recalled that applies the provisions of article 5. of the Law of Legislative Contents of 11.3.2020 ratified by article 2 of law 4682/20120, with its subsequent modifications and in force, and which provides, under the defined conditions, the granting of a license for special purposes to the employed parents or their facilitation of part-time work provided for in section 4 of the same article.
In such cases and in pandemic conditions, which make exhaustion leave issuance nearly impossible, the Services will, if desired by the parent-employee, provide priority telecommuting wherever possible based on duties. exercised by the employee or in the rotating job offer.
CIRCULAR DETAILS
It is also reminded that employees may carry out their work at a different schedule than normally provided if this is compatible with both child protection and public service responsibilities.
Ministry of Labor
Previously, the clarifications for the granting of the special purpose permit in case of suspension of schools or child care units, as well as recommendations for the facilitation of parents, who work in the private sector, in case of confinement in the child’s home They included a circular from the ministry. Work and Social Affairs.
As mentioned in the circular, the possibility of granting the special purpose permission of paragraph 3 of article 4 of the Law on Legislative Content 11.3.2020 (AD 55), which was ratified, was extended to private sector employees under the responsibility of the Ministry of Labor and Social Affairs. of the provisions of article 2 of law 4682/2020 (AD 76), in force, for the entire period of temporary suspension of the operation of the care or education units / structures, where the children are registered or attend, according to as defined in the case a ‘of section 3 of the aforementioned of 11.3.2020 Legislative Content Law and is granted under the conditions provided for the entire period of said suspension, without any other time limitation or the need to issue a new regulation for this purpose.
With No. Δ1α / Γ.Π.οικ.71342 / 6.11.2020 (Β΄ 4899) Article 1, paragraph 1 paragraph 8 of the Joint Ministerial Decision, “Extraordinary measures to protect public health from the risk of further spread of coronavirus COVID-19 throughout the Territory for the period between Saturday, November 7, 2020 and Monday, November 30, 2020 “it is stipulated that the permanent educational function of Gyms and other school units is suspended
In the previous context, for working parents of children who are enrolled or attend units / structures for the provision of care or education, whose permanent educational function or function is suspended, provided that these units / structures are included in the cases of section 3 a ‘of article 4 of the Law of Legislative Content of 11.3.2020 (AD 55), which was ratified by the provisions of article 2 of Law 4682/2020 (AD 76), since in force, it is recommended in principle the provision of remote work, If this is possible. If it is not possible to provide remote employment, then according to the aforementioned legal framework, the special purpose permit is granted as an alternative, since it is valid and in accordance with the corresponding circular instructions, which have already been issued for your beneficiaries and other subtopics. .
Following circular No. 39683/1259 / 1.10.2020 “which grants a special purpose permit in the event of suspension of operation of schools or child care units, as well as parts of them, due to a case of coronavirus COVID- 19 “, it is also clarified that a special purpose license can also be granted if an elementary school child is placed under house arrest after having had contact with a confirmed case within the school unit, as part of a full-day school or specialized courses (eg French or German), which the children attend interdepartmentally, thus suspending the operation of the room, which was attended by the sick child, but also the child placed under house arrest, without that, however, the operation of the base department in which the latter studies. In this case, schools must issue certificates to parents.
It is recalled that the special purpose license is a special three-day leave regime followed by the granting of one day of regular annual leave, a regime that is repeated cyclically every four days. More specifically, the first two days are granted with remuneration by the employer, the third day is subsidized by the ordinary budget and the fourth day is deducted from the ordinary annual leave of the employee. This pattern is repeated cyclically, at the request of the employee, during the period of temporary suspension from the operation of the school or child care unit in question.
For employees who have already exhausted the right to regular annual leave for the year 2020, it is accepted that, on the fourth day of the previous scheme, any other legal leave to which the employee is entitled can be declared, whether it is grant with or without pay. such as leave to monitor children’s school performance, sick leave for a child, leave without pay.
Recommendations for the case of home confinement of children, while the care or education unit has not suspended its operation.
– In cases where the minor and not the parent, due to another contact with a confirmed case of coronavirus, must be placed under house arrest for emergency measures for coronavirus COVID-19 and following the instructions duly given by the coronavirus. National Public Health Organization (EODY) or by another competent public body, to immediately inform EODY, while, however, the unit / department for the care or education of children has not suspended its operation, then the employee, with the decision of the employer, may provide telecommuting during this period, if possible.
– If it is not possible to provide remote work, it is recommended that the employee adjust his / her schedule for the famous person in question, in order to cover the childcare needs during his / her mandatory stay at home and, if it is also not possible, then the employee can be excused from your job.
In the latter case and since the use of the special purpose license is not justified, it is recommended, in accordance with section 1 of article 21 of the Constitution, proportionally apply the provisions of article 15 of law 4722/2020 (AD 177) for the house arrest of employees, according to which, once the home control (in this case of the child and not the child himself) has been completed, the employee may work half the hours corresponding to their working days during the stay . one hour a day on other working days, while the employer normally pays the total of wages and insurance contributions, as defined in detail in the corresponding provision.
According to the circular, the foregoing must be applied on the basis of good faith and good business ethics, since they serve the purpose of ensuring public health both in the labor context and in the context of the operation of the care and educational units . Children and working parents must be facilitated to ensure that their children are faithfully observed at home.
It is clarified that the aforementioned legislative regulation for the granting of the special purpose permit and the pertinent circulars already issued by the Ministry of Labor will be in effect during the entire period that, in the context of protecting public health from the risk of further spread of the coronavirus COVID-19, Extraordinary and temporary measures for the operation of these units and no new legislation or other circular is required.
Source: skai.gr
