[ad_1]
More specifically, the JMC provides the following:
Suspension of employment contracts of employees in private sector companies-employers, whose operation is suspended by order of a public authority for the month of December 2020.
Employers-companies that obligatorily suspend the employment contracts of their employees
1. Private sector employer companies throughout the Territory, whose headquarters or branches are suspended, by order of a public authority, based on an Activity Code Number (KAD), defined by the Ministry of Finance, In accordance with the annexes of the JMC, for the duration of this mandate, obligatorily suspend the employment contracts of its employees who have been hired until November 4, 2020 or obligatorily extend the suspension of the contracts of its employees, who have already been suspended, for the month of December.
2. The employment contracts of the employees of the specific companies-employers who have submitted an application-declaration responsible for the phase for the inclusion of their employees in the Mechanism “COOPERATION” of article 31 of the law 4690/2020 (AD 104) in the Information. The “ERGANI” system for the month of December must be suspended for the duration of this mandate and, therefore, the companies-employers must first make a correct modification / repetition of the declaration responsible for the previous application.
3. a) The fixed-term employment contracts of the employees of said employer companies that expire after the date of suspension of the operation of the employer companies by order of a public authority, will be suspended compulsorily. After the expiration of the suspension period, employment contracts continue for the agreed remaining time. This obligation does not exist when there is an objective impossibility of fulfilling it, as in the cases of companies that due to their form or type or activity have a specific operating time.
b) The fixed-term employment contracts of employees in this category of companies-employers subsidized by the “open program of 100,000 new subsidized jobs” of article 28 of Law 4726/2020 (AD 181) are suspended. , as an exception to section 7 of article 5, with house no. 4. a) The aforementioned employer-companies, in cases of activities exceptional to the prohibition of their operation, according to KAD, may put workers, whose employment contracts have not been suspended, into remote work, when this is possible. to be provided in this way, by submitting, until the first ten days of the following month, the “form 4.1 declaration of distance work-special purpose form of article 4 par. 2 of the PNP (ΑΔ 55 / 11.03.20 ) “in Π .Σ. “ERGANI” of the Ministry of Labor and Social Affairs.
b) Employers’ companies of section 1 of this article may hire employees, using the program “Open program of 100,000 new subsidized jobs”, only for cases of exceptional activities to the prohibition of its operation, based on KAD. The employment contracts of these employees may not be suspended and the provisions of paragraph a of this paragraph shall apply.
c) The employer companies of subsection 1 of this article, for activities exempted from their operation prohibition, based on KAD, may present a declaration responsible for the suspension of the employment contracts of their employees or as companies whose operation is suspended by order of a public authority or as affected, as defined for companies whose operation is suspended by order of a public authority, in paragraph 7 of this article and for companies affected in paragraphs 1 and 2 of article 2 of chapter B .
5. The employers-employers of sections 1 and 2 of this article may temporarily withdraw the suspension of employment contracts of their employees to cover extraordinary, temporary, urgent and inelastic needs, in the context of the treatment of the COVID-19 coronavirus.
6. The employer companies of section 1 of this article during the time that the contracts of their employees are suspended and, in any case, until December 31, 2020, are obliged not to make staff reductions due to termination of the employment contract and, in case of its realization, it is invalid.
Suspension of employment contracts of employees in affected private sector employers for the month of December 2020
Employers who can suspend the employment contracts of their employees
1. The private sector employers-companies that are affected, according to KAD, defined by the Ministry of Finance, according to the corresponding annexes of this JMC, may during the month of December for a maximum period of up to 30 days and, however , no later than December 31, 2020:
to. suspend or extend the suspension of the employment contracts of its employees, which have already been suspended, in accordance with the relevant provisions regarding the treatment of the consequences of the risk of spreading the coronavirus COVID-19 or
second. suspend for the first time the employment contracts of part or all of its employees who have been hired until November 4, 2020.
2. Previous companies-employers can apply the measure of suspension of employment contracts gradually and for a different number of employees, up to 100% of them, by responsible declaration of the company to the PS. “INSTRUMENTS”.
3. The employers of the pair. 1 of this article who make use of the measure of suspension of the employment contracts of their employees in a percentage of 100% of them, may also suspend the employment contracts of subsidized employees of the program “Open program of 100,000 young people of jobs of subsidized work ”of article 28 of law 4726/2020 (AD 181), by repealing section 7 of article 5 of with house number 39539/996 / 9.30.2020 (BD 4261) of the Joint Ministerial Decision.
4. The employment contracts of employees in companies-employers in section 1 of this article who have submitted a request-responsible for the phase declaration for the inclusion of their employees in the “SYN-ERGASIA” Mechanism of article 31 of Law 4690 / 2020 (104 AD) in the PS “ERGANI” for the month of December, it can be suspended and the companies-employers must first make a correct modification / repetition of the declaration of responsible for the previous application.
Nullity of termination of employment contracts – Retention clause – Fixed-term employment contracts – Revocation of suspensions of employment contracts
1. The employer companies of section 1 of article 1 of this chapter, while the contracts of their employees are suspended and, in any case, until December 31, 2020, are obliged not to carry out workforce reductions with the termination of the employment contract. work and, in case of its realization, it is invalid.
2. The employer companies of section 1 of article 1 of this chapter that make use of the measure of suspension of employment contracts, for the month of December, are obliged, once the suspension of employment contracts, to maintain the same number of jobs. and with the same type of employment contract, for a period equal to the period of suspension of the employment contracts of these employees. For the calculation of the time interval, in case the employment contracts of the employees are suspended at different intervals, the total period during which the employer-employers used the suspension measure is taken into account.
This obligation does not exist when there is an objective impossibility of fulfilling it, as in the cases of companies that due to their form, type or activity have a specific operating time.
The concept of equal number of jobs does not include those who voluntarily leave their jobs, those who retire due to retirement or death, as well as fixed-term employees whose employment contract expires during the previous period.
3. The suspension of fixed-term employment contracts of employees in employer-owned companies of section 1 of article 1 of this chapter, which were previously suspended, may be extended for a maximum of 30 days and no later than December 31 2020. Fixed-term employment contracts for employees hired until November 4, 2020 may also be suspended for the first time or again.
In any case, once the suspension or extension of the suspension has expired, the previous employment contracts are maintained for the remaining time agreed. This obligation does not exist when there is an objective impossibility of fulfilling it, as in the cases of companies that, due to their form, type or activity, have a specific operating time.
4. Employers-employers that are affected, based on KAD, designated by the Ministry of Finance, in accordance with the pertinent annexes of this JMC and have suspended the employment contracts of part or all of their employees, may withdraw the suspension . of the employment contracts of these employees. They can also re-suspend the employment contracts of their employees regardless of whether their suspension has been revoked. In any case, the above is valid until December 31, 2020.
5. The employer companies of section 1 of article 1 of this chapter:
to. may make use of the “COOPERATION” Mechanism of article 31 of Law 4690/2020 (AD 104), in force, for part or all of its employees, whose employment contracts are not suspended,
second. Employees whose employment contracts have not been suspended are obliged to apply the remote work provision system in cases where their work can be provided with this system, in accordance with the provisions of n. 44921/1377 / 2.11.2020 (ΒΔ 4830) Joint ministerial decision.
Compensation for special purposes
1. Employees of companies-employers of Chapters A and B of this JM, whose employment contracts are suspended, are entitled to the special purpose compensation of article thirteen of the Legislative Content Law of 14.3.2020 (AD 64) , as ratified by article 3 of law 4682/2020 (AD 76), in proportion to the duration of the suspension of their employment contracts, based on the calculation of the amount of 534 euros, which corresponds to 30 days.
2. The special purpose compensation is tax-free, inalienable and not seized in the hands of the State or third parties, notwithstanding any general and special provision, it is not subject to withholding, rate or contribution, including the special joint contribution of article 43 A of the law. 4172/2013 (AD 167), does not commit and is not compensated with certified debts with the tax administration and the State in general, the municipalities, the Regions, the insurance funds or the credit institutions.
3. The cost of compensation for special purposes, in proportion to the period of suspension, will be borne by the State budget.
