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The gradual lifting of restrictive crown measures brings significant changes for employees and companies.
According to the schedule expected to be announced today, by Prime Minister Kyriakos Mitsotakis, the start will be on May 4 with the opening of hairdressers, retail businesses and personal hygiene.
It is recalled that 686,000 employees whose contracts have been suspended so far have received the allocation of 800 euros, while today the amount is paid to 106,000 additional beneficiaries. This large number of employees will gradually begin to return to their positions and the concern for the next day is great.
Koronoios: Can the company lay off employees?
The lawyer-labor expert spoke with ERT about the problems that arise for employees and employers, as well as the issue of layoffs, in the “From 6” program. Giannis Karouzos.
“This phase of getting back to normal creates changes in the job landscape. But even this recent labor law, which recently went into effect, has safety clauses for employees. Those who return to work should know that dNeither they nor those who have been paroled can be fired.Mr. Karouzos explained.
This non-layoff clause applies to all companies that have used business facilitation measures, even if they have a single employee on a temporary suspension from employment.
What will happen after 45 days?
According to Giannis Karouzos, employers they must also maintain the same conditions of employment, for this period, with the previous regime. Therefore, they do not have the ability to reduce wages by returning the employee to work.
The big question now is what will happen after the 45-day protection period. “In the private sector labor legislation, no forms of permanence are recognized. That came with the 2012 Memorandum. That means then you can make layoffs“Said the labor expert.
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However, for each dismissal there must be a justification. As Giannis Karouzos explained, the employee can go to court if he believes his dismissal was abusive. The competent courts examine whether the employee gave a reason, whether substantive reasons (economic and technical) were met, whether the dismissal was in retaliation, whether there were no milder means, or whether other parameters such as the previous service of the employee, pregnancy, etc.
The two main “thorns” with the return to normality.
Labor expert Giannis Karouzos argued that at this stage there are two serious problems that are pending and need legislative intervention.
The first refers to companies that have closed by state order and the suspension of the operation is lifted on April 30. “Until the company reopens, the employee is on the air,” he added, noting that the legislation is very likely to be enacted. an emergency aid of 530 euros, for a month, for these cases of employees.
The second “thorn” refers to employees who work in an affected business. These companies had the opportunity to “suspend” the employees’ employment contract. until April 20 (so it “lasts” a month and a half, until June 4). Relevant ministries should provide clarifications on what will apply to the employee’s earnings, both in the event the business opens and in the event it remains closed.
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