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MINISTRY OF LABOR AND SOCIAL AFFAIRS
Athens 8/12/2020
INSTRUCTIONS
FOR THE PRESENTATION OF STATEMENTS OF SUSPENSION OF EMPLOYEE CONTRACTS
BUSINESS – EMPLOYERS CLOSED BY STATE ORDER OR PAID BY CAD
FOR THE MONTH OF DECEMBER 2020
Taking into account the joint ministerial decision 49989/1266 / 4-12-2020 (Β ‘5391) regarding the declarations of presentation of the suspension of employment contracts of employees in companies – employers of the private sector during the month of December, we know the tracking:
1. The previous joint ministerial decision defines the institutional framework for the suspension of employment contracts throughout the month of December for companies closed by order of public authority and for affected companies based on KAD as defined by the Ministry of Finance .
2. ANNEX A of said JM regarding the KAD of companies whose operation is suspended by order of public authority refers to the period from 12/1/2020 to 12/14/2020.
ANNEX B of said JM relating to companies with KAD 59.13.11.02 refers to the period between 7/12/2020 and 12/14/2020, whose operation is suspended by order of a public authority. Companies with the specific KAD from 01/12/2020 to 06/12/2020 are considered affected.
We note that for the remaining period and until 12/31/2020, APPENDICES A and B corresponding to the respective KAD will be updated with a more recent decision according to the course of the country’s epidemiological burden.
APPENDICES C and D of said JMC relating to the KAD of the affected companies refer to the period from 7/12/2020 to 12/31/2020 and from 01/12/2020 to 12/31/2020 respectively.
3. The deadline for submitting declarations of suspension of employment contracts is common for all companies – businessmen in the country, both companies whose operation has been prohibited by order of a public authority, and companies that are affected.
| BUSINESS EMPLOYERS | EMPLOYEES | |
| DELIVERY TIMES FOR CORRECT STATEMENTS AND REPETITIONS | FROM 8/12/2020 TO 12/31/2020 | FROM 8/12/2020 TO 12/31/2020 |
It is recalled that employees whose employment contracts have been suspended in the past and their employment contracts are suspended in December do not make any statement to PS ERGANI except in case they wish to change salaries or IBAN. Also, a declaration is not required even when it is not the same employer that suspends your employment contract in December.
Employees whose employment contract is suspended for the FIRST TIME during the month of December, must submit a responsible statement to PS ERGANI after submitting the responsible statement from their employer, within the period specified above.
4. Within the previous term, it is possible to present initial statements and correct repetitions of the suspensions of the employment contracts of your employees, as follows:
> Presentation of Declarations of suspension of employment contracts based on KAD – KAD option
During the registration of the initial data of the form “DECLARATION OF SUSPENSION OF EMPLOYMENT CONTRACTS ONLY FROM 01/08/2020” (menu [ΕΙΔΙΚΑ ΕΝΤΥΠΑ] > [Δηλώσεις Αναστολής Συμβάσεων Εργασίας] > [Εισαγωγή]), the completion of the Activity Code (KAD) appears in the declaration as a mandatory field. The KAD is selected from the available menu list. This list shows the total number of companies that have been declared to TAXIS in ascending order. In the event that there are employees in the company who belong to different KADs, separate statements are sent for each KAD.
> Presentation of requests for suspension of employment contracts based on KAD – Determination of suspension periods
Employer companies that have a CAD that within the month of December, for a certain period of time is closed by a public authority and then is affected for the rest of the month, then a separate form is sent: a declaration of suspension for each [ΚΑΤΗΓΟΡΙΑ ΥΠΑΓΩΓΗΣ] (affected or closed by a public authority respectively).
That is, companies must determine in the field [ΚΑΤΗΓΟΡΙΑ ΥΠΑΓΩΓΗΣ] of the form, if the declared periods of suspension of employee contracts refer to a period during which the KAD is closed by order of a public authority (“From a public authority”) or is affected (“It significantly affects me “).
If, for example, the declared KAD of the company
– is closed by order of a public authority from 12/1 to 12/14/2020, then an independent declaration is submitted with [ΚΑΤΗΓΟΡΙΑ ΥΠΑΓΩΓΗΣ] “From a Public Authority”, declaring the period from 12/1/2020 to 12/14/2020.
– is affected for the period from 12/15 to 12/31/2020, an independent statement is filed with [ΚΑΤΗΓΟΡΙΑ ΥΠΑΓΩΓΗΣ] “It affects me significantly”, where the declared intervals of suspension of the employment contracts of your employees cannot be “outside” of the previous period.
Note: In case the company wants to send a return for another – another KAD, then repeat the above procedure for each KAD.
It is noted that in the case of an employee, with two or more employers, the special purpose compensation that he will receive is calculated taking into account the total of his suspension days (any common period of suspension days is counted once and does not add up ) and the reference amount is the amount of 534 euros corresponding to 30 days.
