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Circular issued on Ministry of labor and social affairs with which clarifications and instructions for its administration are given special purpose license in case of suspension of the educational operation of the assistance or training units by coronavirus. Recommendations are also provided for the convenience of parents in the event the child is confined to the home.
In particular, the new circular 46621/1415/2020 establishes:
A. Issuance of the special purpose license during the period of temporary suspension of the operation of the care or training units / structures or the dissemination of its educational function
1. With only article 17787/520 / 8.5.2020 of the Decision of the Ministers of Finance, Labor and Social Affairs and Health, the possibility of granting the specialist license to private sector employees in charge of the Ministry of Labor and Social Affairs For the purposes of paragraph 3 of article 4 of the Law of Legislative Content of 11.03.2020 (A ’55) that was ratified by the provisions of article 2 of law 4682/2020, in force, by the entire period of temporary suspension of operation of the units. / care or education structures, where children are enrolled or attend, in accordance with the provisions of case a ‘of paragraph 3 of the aforementioned Legislative Content Law of 03.11.2020 and is granted under the conditions provided for the total duration of said suspension, without any further period or need to issue a new regulation for this purpose.
With the number Δ1α / Γ.Π. 71342 / 6.11.2020 Joint Ministerial Decision article 1, para. 1 par. 8, “Extraordinary measures to protect public health from the risk of a further spread of the COVID-19 coronavirus throughout the territory for the period from Saturday, November 7, 2020 to Monday, November 30, 2020” is defined as suspension of the educational function of the gymnasiums and other school units for life.
In the above context, in the case of working parents of children who are enrolled in or attend units / structures for the provision of care or education whose operation or permanent educational function is suspended, provided that these units / structures are framed in the cases of the section 3 a ‘of article 4 of the Legislative Content Law of 11.03.2020 (A ’55), which was ratified by the provisions of article 2 of law 4682/2020 (A’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, as it is valid and in accordance with the relevant circular instructions already issued for its beneficiaries and for other individual issues. .
2. Following our circular nº 39683/1259 / 1.10.2020 “Granting of a special purpose permit in the event of suspension of operation of school units or child care units, as well as parts of them due to a case of COVID coronavirus -19 ”also clarifies that the special purpose license can be granted in the event that a child attending elementary school is placed under house arrest after having contact with a confirmed case within the school unit, as part of the full-day school or specialty courses (eg French or German), which the children attend interdepartmentally, thus suspending the operation of the ward attended by the sick child and the minor placed under house arrest, without However, the performance of the main pavilion in the one who is studying last. In this case, schools must issue certificates to parents.
3. It is recalled that the license for special purposes 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 regular 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.
It is also remembered that, in the case of employees who have already exhausted the right to the ordinary annual leave of 2020, it is accepted that, on the fourth day of the previous figure, any other legal leave to which the worker is entitled, whether it is granted with or without pay, such as p. ex. leave to monitor children’s school performance, sick leave of the child, leave without pay.
B. Recommendations for the case of home confinement of children while their care or education unit has not suspended its operation
1. For other cases, different from those described in circumstance 2 of section A hereof (or that have already been clarified by our previous circulars), in which the child and not the father, due to another contact with a confirmed case. coronavirus should be placed under house arrest due to the emergency measures for the coronavirus COVID-19 and following the instructions competently given by the National Public Health Agency (EODY) or by another competent public body, who immediately informs EODY, As long as the child care or education unit / department has not suspended its operation, then the employee, by decision of the employer, may provide remote work during this period, if possible.
2. If telecommuting is not possible, it is recommended that the employee adjust his or her schedule for the celebrity in question in order to meet the child care needs during their mandatory stay at home and if none and this is possible, then the employee may be excused from work.
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, to apply proportionally the provisions of article 15 of law 4722/2020 (A ‘177), for the house arrest of employees, according to which once the home control (in this case of the child and not of himself) is finished, the employee can work half the hours corresponding to his working days of stay depending on the household, for one (1) hour per day, on other business days, while the employer normally pays the total of the salaries and insurance contributions, as defined in detail in the corresponding provision.
It is noted that the foregoing should be applied on the basis of good faith and good business ethics, since they serve the purpose of ensuring public health, both at work and in the operation of child care and education units. . and that working parents should be made able to faithfully observe the confinement of their children at home.
C. Finally, it is pointed out that the aforementioned legislative regulation for the issuance of the special purpose license and the corresponding circulars of our Ministry, including the current one, will be in effect for the entire period that in the context of the protection of the public health of the risk of further spread of coronary heart disease COVID-19 will adopt extraordinary and temporary measures for the operation of these units and no new legislation or other circular is required.
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