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The draft law “Code of digital governance” (Transposition in Greek legislation of Directive (EU) 2016/2102 and Directive (EU) 2019/1024) -Code of electronic communications (Transposition in Greek legislation of Directive ( EU) 2018/1972) and other provisions. “by vast majority.
The amendment of the Ministry of Labor was also voted to “take temporary emergency measures for the organization of the place and working hours, for the decongestion of public transport and the workplace, for the protection of public health against the coronavirus COVID- 19 “.
We remind you that with the amendment:
1.a. A remote work system must be applied to employees of private sector companies-employers, in which case their work can be provided by this system, at a rate of 40% of all these employees.
yes. Employers – companies are obliged, by imposing a fine of three (3,000) euros in case of infringement, to announce, within twenty-four hours following the publication of the order in a vote, in the “ERGANI” Information System , remote work of 40% of its employees.
C. The working hours of employees in companies: private sector employers adjust at the beginning and at the end.
d. The above are valid within the Attica region, from their publication until October 4, 2020.
With etc. she is strong:
(i) the temporal and geographical extension of the measures in question; and
the modification of the rate of 40%.
STATEMENT OF MOTIVES
About the article …………
In the context of taking immediate implementation measures to prevent and limit the spread of the COVID-19 coronavirus in the Attica region and in order to decongest public transport and workplaces, on the one hand, and protect workers from the private sector of the coronavirus COVID-19. , specific temporary and extraordinary measures are proposed for the organization of the place and time of work in the private sector.
In particular, item a) establishes the employer’s obligation to implement the remote work system, using all the technological possibilities and digital applications available, at a rate of 40% of the total number of employees who can work with this system. It is expressly established that this obligation exists only in cases where the work can be provided by the remote work system, that is, only if the nature of the work provided is compatible with telework and, therefore, they are excluded from this obligation, educational structures dependent on the Ministry of Education and Religions, structures for the provision of health services (diagnostic centers, private hospitals, day units), pharmacies, supermarkets food companies, rapid transport.
Specifically, the employer is obliged to announce in advance the personnel who will be hired remotely, for the entire time foreseen, by completing and sending the corresponding form to the “ERGANI” Information System. Any breach by this employer of this obligation entails a fine imposed prior control by the Labor Inspection of the Ministry of Labor and Social Affairs.
Section b) introduces as an extraordinary measure the gradual arrival and corresponding departure of employees to and from the workplace in order to decongest the means of public transport, as well as the place where the work is provided. More specifically, the start and end of the schedule is adjusted in such a way that employees arrive and depart every half hour and within two hours of the start and end respectively of their schedule.
It is also provided that for the period of validity of this, the obligation of the employer to register in the Information System “ERGANI” of the Ministry of Labor and Social Affairs is suspended any change or modification of the working day or the organization of the day work of employees. In any case, it is stipulated that the protection provisions of pd 88/1999 (A ’94), as well as the employer’s obligation to pre-announce overtime hours and the legal hiring of overtime hours before they are carried out in the Information System ” ERGANI “.
C) determines the territorial validity of the proposed measures (Attica Region) and their entry into force from the publication of the law in the Official Gazette until October 4, 2020. In addition, the Ministers of Finance, Development and Investments, Labor are authorized. and Social Affairs and Health for the issuance of a joint decision that will extend the previous measures in terms of time and place of their implementation, differentiate the pace of implementation of remote work and determine other specific issues for its implementation.
PROPOSED PROVISIONS
Article ….
Extraordinary measures of a temporary nature for the Attica region in relation to the organization of the place and the working time for the decongestion of the means of public transport and the workplace.
For imperative reasons of protection of public health against the coronavirus COVID-19, the following rules are established regarding the organization of the place and work hours:
a) Employees of companies-employers in the private sector have the mandatory remote work provision system applied, in which case their work can be provided by this system, at a rate of 40% of the total of these employees. For the correct observance of the present, the employer companies must, within the twenty-four hours following the publication of the present in the Official Gazette, announce in advance to the “ERGANI” Information System of the Ministry of Labor and Social Affairs, the remote work 40% of its employees. that this measure can be applied for the entire period of time defined here, by completing Form 4.1 “DECLARATION OF DISTANCE – SPECIAL PURPOSE FORM of paragraph 2 of article 4 of the Law of Legislative Content 11.3.2020), which was ratified by Article 2 of Law 4682/2020 (A ’76) In the event of non-compliance with the obligation of the previous paragraph, a fine of three thousand (3,000) euros is imposed on the employer, after a corresponding audit by the Organ of Labor Inspection of the Ministry of Labor and Social Affairs.
b) The working hours of employees in companies-employers in the private sector must be adjusted at the beginning and at the end in such a way that every half hour and within two hours the employees come and go in relation to the beginning and end respectively of their schedule. . For the period of application of the present, the obligation of the employer to register in the Information System “ERGANI” of the Ministry of Labor and Social Affairs is suspended any change or modification of the working day or the organization of the working day of the employees . In any case, the provisions of pd 88/1999 (A ’94) continue to apply, as well as the employer’s obligation to pre-announce overtime hours and the legal hiring of overtime hours before they are carried out in the Information System. “ERGANI” of the Ministry of Labor and Social Affairs. The above adjustment of employee hours does not change the type of employment contract for these employees.
c) This is valid, within the Attica region, from the publication of this in the Official Gazette until October 4, 2020. By joint decision of the Ministers of Finance, Development and Investment, Labor and Social Affairs and Health is possible:
ca) the validity of the present will be extended for a longer period of time or will be extended to other areas of the Territory,
cb) vary the percentage of circumstance a) and
cc) to identify other specific issues for implementation of this.
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Regulation impact assessment report
11.1 Describe separately and in detail the problem to be addressed by each “other provision” included in the draft bill.
In the context of the extremely urgent and unforeseen need to take emergency measures to address the rapid spread of the COVID-19 coronavirus, as the risk of the spread of the pandemic has largely reappeared, especially in the Attica region, it is taken special care to guarantee the health of the private sector and society as a whole. There is an urgent need to protect workers against the risk of COVID-19 coronavirus infection as well as to ensure their health during the provision of their work, in order to achieve decongestion in the workplace, but also in transport public during employee arrival and departure times.
11.2 Describe separately and in detail the reasons why each “other provision” is necessary and appropriate to address the respective problem.
The proposed provision addresses the above need in an adequate and effective manner, since the Attica Region establishes the obligation to provide remote work (telework), in which cases this system can provide work, at a rate of 40% of the total employees in private sector companies.
The proposed provision, to the extent applicable and provided that teleworking is compatible with the nature of the work performed, is adequate to help maintain the normal functioning of the private sector in light of new data and whether staff tasks may performed remotely or the nature of their duties does not require their personal presence in the workplace.
Therefore, types of work that require the personal presence of employees, such as and totally indicative, in supermarkets, couriers, as well as in drugstores, health facilities (diagnostic centers, private hospitals, nurseries) etc. fall within the scope of this proposed regulation on the obligation to work remotely by digital technological means.
11.3 Indicate separately for each “other provision” the reasons why it has been included in the specific bill
The proposed regulation has been included in the specific draft law of the Ministry of Digital Government due to its urgent nature and the need to create a protection framework for private sector workers through the provision of teleworking, that is, using all possibilities technology and digital applications available for remote task processing.
11.4. Indicate separately and in detail the expected consequences of each “other provision”, including the effects on the economy, society and citizens and on the natural and cultural environment.
This regulation is expected to contribute to the protection of the health of private sector workers and the protection of public health in general by preventing a further spread of the COVID-19 coronavirus and the increased use of modern digital applications and technologies in the sector. deprived of the economy.
