Job Guide: The 7 “SOS” for the 800 euro bonus and contract suspensions – What applies to the Christmas Gift | HELLAS

Thousands of employees and companies are at a critical juncture in terms of lockdown and its impact on the workforce.

At a time when everything indicates that the confinement measure will be extended, a series of questions arise about the suspension of employment contracts, the Christmas Gift and the regular license.

According to the information, although it has not yet been officially announced, the financial staff is considering the extension of the measure to suspend labor contracts – and for the companies affected – and December.

The lawyer – labor expert Giannis Karouzos answers, through iefimerida.gr, the 7 basic questions about the suspension of employment contracts, the 800 euro bonus, the Christmas Gift and the regular holidays.

The 7 “SOS” for work

Here are the answers from labor expert Giannis Karouzos to the 7 questions – “SOS”:

1) I work for two employers. They both put me on hold. Am I entitled to 800 euros for November?

The employee in this category, will receive compensation Special purpose amount of 800 euros (corresponding to 30 days). If you have been suspended at different intervals by your two employers, for example, from November 5 to November 15 of one and from November 16 to 25 of the other, you will receive cumulative compensation. In our example, you will receive 26.66 euros (ratio of 800 euros per day) X 21 days.

Otherwise, when the two employers’ suspension periods coincide, for example, from November 5 to 25, the employee will not receive double and cumulative compensation for the same suspension days. Therefore, in the practical example that we put, the employee will receive 26.66 euros X 21 days.

2) I work for two employers. Only one put me on hold. Will I receive the 800 euros?

In this case, the employee will not receive compensation special purpose. Unfortunately, the previous legislative provision of April was not repeated, according to which, the employee of this category would also receive state compensation, if his second job is partial and does not exceed 30% of total employment in the first company, since also was suspended.

However, something similar was not anticipated in the case of the November suspensions, resulting in an unfair outcome.

3) Can a company that has hired employees through the 100,000 jobs program suspend them? What will happen to the subsidy of your non-salary costs?

Due to the nature of the employment contract of those who were hired under the 100,000 jobs scheme, which is subsidized, since all insurance contributions are covered and paid by the state for six months, it is more correct to think that those cannot be suspended of the employment contract.

Exceptionally, they may only be suspended if the company in which they work has been obligatorily suspended, as well as in the event that the company in which they work is affected but has laid off 100% of its employees. discontinued.

In the above exceptional cases, the contract of these employees is suspended for the duration of the suspension of their employment contract. Therefore, if an employee, who has been suspended for a month and was hired with the 100,000 jobs program on November 1, his contract will last until May and not until April.

4) Can community service workers be suspended and receive 800 euros?

Similarly, employees in this category, cannot be suspended, unless the company they work for has been mandatorily suspended from operations by state decision.

It is necessary to clarify that in the previous case the employees will be exceptionally suspended, but the only benefit they will obtain from this is the extension of their contracts for an equal period. Unfortunately they will not be able to receive compensation special purpose, due to the legal relationship with which they are employed and associated with the company, which is not dependent, and their already wage subsidy from the state mechanism.

5) Is there protection against dismissal?

To answer this question we must distinguish between two types of companies: a) companies that have suspend its operation is mandatory and b) in affected based on KAD companies.

In first category, Employees are fully protected against termination of their employment contract as long as the company remains closed by state decision. However, in the event that the company starts to reopen, then the layoffs are released and there is no relevant obligation and commitment from the employer, who can legally terminate employment contracts in principle.

In second category, workers are initially protected while the suspension measure is applied. And after that, however, the employer is obliged to keep the same number of jobs and with the same type of contract for a period equal to that of the suspension. It should be clarified that the legislator does not repeat the expressions “staff reduction” and “termination of employment contracts”, as is done for the suspension period. The use of the phrases “same number and same type of contract” raises doubts, while many argue that it will be possible to fire and hire new employees, with the same type of contract as those laid off. However, if we take into account the protective purpose of the law but also with the systematic interpretation tool, we conclude that the most correct position is the one that encloses in the personalized protection and therefore in the prohibition of dismissal of the employees who were suspended for the same subsequent period.

6) They suspended me for six months and I stay in November. I have not had time to get my normal license. Can it be carried over to next year?

In accordance with the recent legislative provision, it was determined that the total or balance of the normal leave, which the employee was unable to receive can be postponed to next year and specifically until 06-30-2021.

It is noted that the transfer of the leisure license is a right of the employer and the consent of the employee is not required. In the case of a transfer of eligible leave days, the employer will not pay compensation for unlicensed leave. Vacation allowance is paid in advance on the first day you receive your time off leave.

7) Based on what salary is the Christmas Gift calculated? Who will pay?

The Christmas gift will be paid at a rate by the employer and by another by the state mechanism, in case an employee has been suspended from employment. The employer is obliged to pay his share on 12-21-2020 in accordance with the provisions of common labor law, otherwise he will face criminal and civil penalties.

The part that will be paid by the state mechanism will correspond to the suspension periods and will be calculated on the amounts of the state compensation (534 euros and 800 euros).

Otherwise, the part that will be paid by the employer will correspond to the period during which the employee rendered services. The Christmas gift is calculated in accordance with labor legislation, on the salary received by the employee on December 10. In the event that the employment relationship was terminated, the calculation was reduced to the last day of employment before the employee left or was fired.

In this case, it is expected to create a big practical problem and confusion with the employees who will remain in suspension on December 10 (if the suspension measure continues for December), since their salaries do not amount to their nominal and contractual salary but in the amount of state compensation (800 or 534 euros). To avoid impairment of the part of the Christmas gift that the employer will pay, it is necessary to clarify from the corresponding Ministry that the calculation in this case must be based on the salary received by the employee on the last suspended business day.

* Giannis K. Karouzos is a lawyer – labor expert based in Athens