July 5, 2022

Posting of workers in the framework of the provision of services

Legal Documents

A) The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, has been transposed to the Greek legislation by means of the Presidential Decree (P.D.) 219/2000 “Measures on the protection of workers, posted in Greece in order to carry out a temporary work, within the territory of Greece in the framework of the transnational provision of services” (Official Government Gazette 31st of August 2000, 1st Volume, Issue No:190).

P.D. 219/2000 applies in cases of posting of workers to the territory of Greece for a limited period of time, in the framework of the provision of services, by undertakings established in a member state or in States which have signed the European Economic Area Agreement.

B) The provisions of Directive 2014/67/EE of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’), has been transposed to the Greek legislation by means of the Presidential Decree (P.D.) 101/2016 “Adaptation of Greek legislation to the provisions of Directive 2014/67/EU of the European Parliament and the Council of 15th of May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and the amendment of regulation (EU) no: 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI” Regulation)” (Official Government Gazette 26th of September 2016, 1st Volume, Issue No:178).

C) The provisions of the Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Government Gazette 9th of July 2018, 1st Volume, Issue No:173).

 

Scope of Application

Presidential Decree 219/2000 applies to undertakings established in an EU Member State or in a non-EU Member State that has signed the Agreement on the European Economic Area, which, in the framework of the transnational provision of services, post workers, where such posting falls under one of the following cases:

(a) post workers on their account and under their direction, under a contract concluded between the undertaking making the posting and the party for whom the services are intended, operating in Greece, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting;

(b) post workers to an establishment or to an undertaking owned by the group of which the posting undertaking is a member provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting;

(c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of Greece, provided there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting.

 

Definitions (article 3 of Presidential Decree 219/2000)

For the application of PD 219/2000:

The term “worker” means, any person, bound by a dependent employment relationship, and employed by an undertaking, within the scope of application of the present Presidential Decree.

The term “posted worker” means, any worker, in accordance with the above definition, who usually works in the territory of another E.U. member state or in the territory of a state which has signed the agreement on the European Economic Area and is not an E.U. member state, who is posted by the undertaking to the territory of Greece in order to perform/ carry out his work for a limited period of time, within the scope of application of the present Presidential Decree.

The term “group” means, any group, consisting of a controlling undertaking and controlled undertakings.

There is a dependent employment contract in place – being the sole arrangement to which the provisions of labour law applies – where, under the terms and conditions of the relevant agreement between the parties (employer – employee), the employee has to provide the work in person to the employer for a fixed or open-ended period against remuneration, irrespective of how this remuneration is determined and paid, without any additional responsibility (for the employee) to achieve a certain result, whereas while performing the work, the employee is legally and personally subordinate to the employer, which is reflected in the employer’s right to determine the place, time, manner and extent of the work to be provided, within the rules of law and the conditions of the contract, in a way that is binding on the employee, giving him the instructions and orders necessary for this purpose, which must be followed and executed, as well as the right to monitor and control the employer’s compliance with these and the general performance of the work allocated. Qualifying a service contract as a dependent employment or project or independent service contract falls within the jurisdiction of a court of law, which is not bound by the qualification given to the contract by the parties, as ‘dependency’ is a legal concept.

 

Regulation 593/2008

Law 1792/88 (Government Gazette, Series I, No 142/1988) was ratified by the contract of 10 April 1984 on the accession of the Hellenic Republic to the Community Convention of 19 June 1980 on the law applicable to contractual obligations, which has been in force in Greece since 1 April 1991. This matter is subject to the provisions laid down in Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

For example, following are some of the criteria found by national case law to be crucial for making employment contracts subject to the laws of Greece: specifying explicitly in the employment contract that it is governed by the laws of Greece; the degree of relevance between the contract and Greece (place of drafting of the contract, normal place where the work is carried out, place where the hiring undertaking is established, nationality of the parties, etc.); the domicile or place or residence of the parties; the employee’s place of social security; the language used in drafting the contract; and including a provision in the contract to the effect that the provisions laid down in Greek labour legislation apply to certain matters (holiday bonuses, paid leave, termination of the contract, etc.).

According to the case law of the Court of Justice of the European Communities, the temporary nature of an activity carried out on the territory of a Member State in the context of free provision of services cannot be determined abstractly, but should be judged on a case-by-case basis, depending on the duration, frequency and periodicity or continuity.

It should be noted that if an occupational activity in Greece can no longer be considered as being exercised temporarily, taking account of the above-mentioned criteria, but is stable and continuous, all the binding rules and regulations in force in Greece apply.

 

Terms and Conditions of employment applied to posted workers during the period of posting

Undertakings, which post workers in the territory of Greece, must guarantee, irrespective of the law applicable to the employment relationship, the terms and conditions of employment stipulated by

  • Greek labor legislation (laws, decrees, ministerial decisions),
  • The National General Collective Labour Agreements which, after the date of entry into force of point 2a of subparagraph ΙA.11 of paragraph IA of Article one of Law 4093/2012, specify the minimum non-payroll working terms and conditions applicable to all workers in Greece, as well as
  • The statutory minimum salary and daily wage (The minimum salary is fixed at EUR 650.00 and the daily wage for blue collar workers older is fixed at EUR 29.04[1]). The above amounts are increased in accordance with the worker’s previous employment, as established by 14 February 2012
  • Collective Agreements or Arbitration Awards which have been declared universally applicable, concerning the following issues/ covering the following matters:

Derogations:

The above mentioned provisions of P.D. 219/2000 which refer to the minimum paid annual leave and the minimum rates of wage do not apply in the cases of: initial assembly and /or first installation of goods, where this is an integral part of a contract for the supply of goods and necessary for taking the goods supplied into use and carried out by skilled and/or specialized workers of the supplying undertaking, if the period of posting does not exceed eight (8)  days (falling under the scope of cases a and b of posting).

The above mentioned exception/ derogation does not apply to activities in the field of constructions regarding building, restoration, regular maintenance, transformation or demolition of buildings and specifically: excavation, earthmoving, actual building work, assembly and dismantling of prefabricated elements, fitting out/ design, equipment, installation, alteration, renovation, repair, dismantling, demolition, maintenance (preventive and habitual/regular), painting, cleaning work, improvements.

When applying the above mentioned derogation provisions the length of the posting must be calculated on the basis of a reference period of one (1) year from the beginning of the posting. For the purpose of such calculations, account shall be taken of any previous periods for which a posted worker has filled the post.

a) maximum work periods and minimum rest periods

The provisions on work periods and rest periods are to be found in Presidential Decree 88/99 (articles 3 to 6) (Government Gazette 94, I of 13 May 1999) and in Law 3385/05 as in force.

In particular, Decree 88/99 transposed into Greek legislation Council Directive 93/104/EC concerning certain aspects of the organization of working time (Directive 2003/88/EC), which provides for an obligatory 15-minute rest break when the work lasts longer than 6 hours (Article 4). Moreover, under Article 3 of the above Presidential Decree, as replaced by point 2 of subparagraph IA.14 of paragraph IA of Article one of Law 4093/2012 (Government Gazette, Series I, No 222/12.11.2012), the minimum rest period in any 24-hour period must not be less than 11 uninterrupted hours. Moreover, workers are, per each seven-day period, entitled to a minimum uninterrupted rest period of 24 hours, including, in principle, Sunday, depending on the labour law provisions and practices applicable to each category of workers, plus the 11 hours’ daily rest (Article 5 of Presidential Decree 88/1999, as replaced by Article 3 of Presidential Decree 76/2005 (Government Gazette, Series I, No 117/19.05.2005)). There are a number of branches of activity to which a five-day working week applies and, therefore, workers are, per each seven-day period, entitled to a rest period of 48 hours (National General Collective Labour Agreement 1975, Government Gazette, Series II, No 276).

The weekly contractual working time for all workers in Greece is 40 hours (article 6 of National General Collective Labour Agreement 1984, Government Gazette, Series II, No 81-article 6 of National General Collective Labour Agreement 1975 and article 1 of Law 3385/2005 as amended by par. 10 and 11 of article 74 Law 3863/2010).  Article 6 of the above Presidential Decree provides that the weekly working time must not exceed 48 hours, including overtime, averaged out over each four-month period at the longest.

Article 1 of Law 3385/2005, as amended by par. 10 and 11 of article 74 Law 3863/2010, establishes that, in companies where up to 40 hours a week are required under the contract, employees may work an additional 5 hours each week, as extra working time, at the discretion of the employer.

Where a 6-day week applies, extra working time amounts to 8 hours per week.

The 5 hours of extra working time per five-day period (41st, 42nd, 43rd, 44th and 45th hours) and the 8 hours of extra working time per six-day period (from the 41st to the 48th hour) are remunerated at the paid hourly rate plus 20% of the paid daily wage. Work beyond 45 hours per week (in each five-day period) (after the 9th hour each day) or beyond 48 hours (per six-day period) (after the 8th hour each day) is – under paragraph 2 – considered as overtime, is remunerated at the paid hourly rate plus 40% of the paid daily wage (legal overtime), or 60% of the legal daily wage (overtime following approval), or 80% of the paid daily wage (illegal overtime) and is subject to all the relevant statutory consequences, formalities and approval procedures.

Generally any professional activity and therefore any kind of employment during Sundays or public holidays is prohibited. Certain derogations from this prohibition apply to specific categories of undertakings or employees (articles 2, 7 and 9 of Royal Decree 748/1966 as amended by Presidential Decree 327/1992, article 46 of Law 2224/1994 and article 96 of Law 4764/2020).

Employees who work during Sunday or during a public holiday are entitled to additional remuneration which amounts to 75% of 1/25 of statutory monthly or 75% of statutory daily wage (article 2 of Legal Decree 3755/1957 as amended by article 1 of Legal Decree 147/1973, article 2 of Law 435/1976 and par. 2 of article 42 of Law 4454/2018).

Workers who have worked more than five (5) hours on a Sunday are entitled to an alternate weekly rest of twenty four (24) hours at another working day of the week which starts from Sunday that they have worked. Workers who have worked for less than five (5) hours during a Sunday can request alternate rest of the same amount of hours that they have worked (article 10 of Royal Decree 748/1966).

b) minimum paid annual leave

The rules on granting the annual paid leave are set out in Mandatory Law 539/45, as amended by Law 3302/2004 (article 1) Government Gazette 267 I of 28 December 2004.

In particular, under Article 1 of Law 3302/2004, every employee in a dependent employment relationship, with either a fixed term or a permanent contract, is entitled to annual paid leave from the beginning of his employment with the undertaking concerned. This leave is granted by the employer on a pro rata basis, depending on how long the worker concerned has been employed by that employer. The proportion is calculated on the basis of a 20 working days’ leave for a 5-working-day week or a 24 working days’ leave for a six-working-day week, corresponding to 12 months’ continuous employment. The employer must grant the employee the correct proportion of the above regular paid leave by the end of the first calendar year in which the employee was recruited. During the second calendar year, the worker is entitled to take his regular paid annual leave in installments, according to the period of time he has worked for the undertaking concerned. This leave is increased by one (1) working day for each year of employment, in addition to the first year, up to twenty-six (26) working days if the undertaking operates a six-working-day week or up to twenty two (22) working days if the undertaking operates a five-working-day week. During the third and subsequent calendar years, the worker is entitled to take all his annual leave at any time during the year.

The period of the annual paid leave is programmed via an agreement between the employee and the employer. In any case annual paid leave must be granted within two (2) months of the submission of the request by the employee (par. 1 of article 4 of Mandatory Law 539/1945 as amended by par. 15 of article 3 of Law 4504/1966).

During the annual leave the employee is entitled to the ordinary wages, meaning the ones she/he would receive if she/he was working during that period (article 3 of Mandatory Law 539/1945).

The entitlement to paid annual leave is accompanied in addition to holiday pay by annual holiday allowance. It is calculated in a similar way as the holiday pay but cannot exceed half of the monthly wage or thirteen (13) daily wages for those remunerated on a monthly or daily wage respectively (par. 16 article 3 Law 4504/1966).

Holiday pay and holiday allowance are paid at the beginning of the leave (par. 8 article 3 of Mandatory Decree 539/1945).

c) minimum wages (table)

Notion of minimum wages: For the purpose of implementing P.D. 219/2000, as minimum wages are considered gross wages-determined by the Greek labor legislation (laws, decrees, ministerial decisions) which include the statutory minimum salary or daily wage (as mentioned above), and by collective agreements or arbitration awards which have been declared universally applicable, as well as increments in accordance with the worker’s previous employment.

Also minimum wage includes payments and increments for overtime work.

Contributions to supplementary (occupational) retirement-pension schemes and relevant benefits are not included in the minimum wages.

Similarly, allowances paid to posted workers due to the posting, paid as reimbursement of expenditure incurred actually due to posting, such as expenditure on travel, accommodation or lodging.

d) protection of children and of young people at work

The basic provisions that protect children and young people are: Act 1837/1989 (Government Gazette 85, Vol. I of 23 March 1989), PD 62/1998 (Government Gazette 67, Vol. I of 26 March 1998) and Ministerial Decision Νο 130621 (Government Gazette 875, Vol. 2 of 2 July 2003) on the works and activities that is forbidden occupation for children and young people.

In accordance with the above provisions:

  • Any minors who are not yet 15 years of age are not allowed to carry out any type/ kind of work.
  • By way of derogation, children not younger than 3 years of age are allowed to be engaged in cultural and related activities, following permission from the competent Labour Inspection Body, to be granted at the employer’s request, subject to the limitations set out in the above provisions.
  • The daily remuneration paid to minors must not be lower than the minimum daily wage specified for an unskilled worker under the National Collective Labour Agreement (now: statutory minimum wage). It should be noted that the national general labor agreements, following the date of entry into force of indent 2a of subparagraph IA.11 of paragraph IA of Article one of Law 4093/2012, set out minimum non-payroll working conditions that apply to all workers in Greece. Basic salaries, basic daily wages, all kinds of surcharges thereto and all other payroll conditions, in general, apply only to workers employed by employers who are members of contracting employer organizations and may not be lower than the statutory minimum salary and daily wage.
  • For minors aged 15-18 to be employed, it is necessary to obtain a minor’s working logbook from the competent Labour Inspection Body, in accordance with Ministerial Decision No 1390/1989 (Government Gazette, Series ΙI, No 766/09.10.1989).
  • Minors who are not yet 16 years of age or attend various schools are allowed to work for up to 6 hours per day and up to 30 hours per week. They are not allowed to carry out overtime work and work at night-time.
  • Adolescents are not allowed to work for more than 8 hours per day and 40 hours per week. Moreover, adolescents are not allowed to carry out overtime work, and minors are not allowed to carry out work at night-time.
  • Minor workers are entitled to a daily rest of at least twelve consecutive hours, which must include the period from ten in the evening to six in the morning. Therefore, the employment of adolescents (i.e. all young people aged 15 to 18 who are no longer subject to compulsory education under the applicable legal provisions) is prohibited from 22.00 to 06.00. In addition, adolescents are entitled to a minimum weekly rest of two (2) consecutive days, of which one should be Sunday. If the working day exceeds 4.5 hours, young people (minors) should have a break of at least thirty consecutive minutes.
  • Annual paid leave should be granted in the summer, during the school vacation period, and half of that leave may be granted in other periods of the year, at the minor’s request.
  • Specific protective provisions are put in place for the health, safety and morals of minors, as well as for ensuring their protection from risks related to their vulnerable nature and the prevention of any form of exploitation or abuse thereof.

e) protection of pregnant women or women who have recently given birth

The main pieces of legislation relating to the protection of pregnant women and women who have recently given birth are:

  • PD 176/1997 (Government Gazette 150, Vol. I of 15 July 1997), as amended by article 2 of PD 41/2003 (Government Gazette 44, Vol I of 21 February 2003), measures for the improvement of safety and health of pregnant workers and workers who have recently given birth or are breastfeeding, including protection from dismissal,
  • Αrt.7 of the NGCLA 1993, article 11 of Law 2874/2000, Art. 7 of the National General Collective Labour (hereinafter referred NGCLA) 2000-2001, concerning maternity leave,
  • 15 of Law 1483/84 (Government Gazette 153, Vol. I of 8 October 1984), as amended by article 20 and 24 of Act 3896/2010 (Government Gazette 207, Vol. I of 8 December 2010), as amended by article 36 par. 1 of Law 3996/2011 (Government Gazette 170, Vol. I of 5 August 2011), and also amended by article 46 of Law 4488/2017, protection from dismissal for maternity reasons,
  • 142 of Law 3655/2008, Ministerial Decision 33891/606/08, art. 36 par. 2 of Law 3996/2011 (Government Gazette 170, Vol. I of 5 August 2011), concerning special leave and allowance for maternity protection,
  • Law 3896/2010 (Government Gazette 207, Vol. I of 8 December 2010), as amended by par. 2 article 22 of Law 4604/2019, concerning equal opportunities and equal treatment of men and women in work.

 

Maternity leave

The duration of the maternity leave is set at seventeen (17) weeks for workers of any employer under an employment contract governed by private law. Of these seventeen (17) week period, eight (8) weeks must be granted to the worker before confinement and nine (9) weeks afterwards. Compliance with these time limits is mandatory. If the worker gives birth prematurely, the remaining maternity leave is granted after confinement, so that the maternity leave amounts to a total of seventeen (17) weeks.

 

Protection against dismissal

Termination of a contract of a female worker is prohibited and regarded as completely void throughout the pregnancy period and up to eighteen (18) months after the date of confinement or during her absence for a longer period of time, due to sickness attributed to the pregnancy or confinement, unless there is a serious reason for this termination.

 

Special maternity protection allowance

A special maternity protection allowance is granted to female workers in the private sector upon expiry of the maternity leave, or of the equal/ equivalent leave granted instead of reduced working hours. The allowance is granted on condition that the female worker has received a relevant grant for the maternity leave from the Social Security Organization (EFKA), and that the child care leave (for using, in the/ as an alternative, the reduced working hours as a leave) is covered only by the provisions laid down in the National General Collective Labour Agreement, in force each time. The allowance is granted for six (6) months, and the female worker is provided with a grant and social security coverage by the Greek Manpower Employment Organization (OAED).

 

Return to one’s post

Article 16 of Law 3896/2010 establishes the right of a female worker who has obtained a maternity leave or a special maternity protection leave, to return, at the end of those leaves, to the same or an equivalent post, to suffer no detriment to her employment conditions, and to benefit from any improvement in working conditions to which she would have been entitled during her absence.

 

Health and safety of endangered pregnant workers and workers who have recently given birth or are breastfeeding

Special protection is granted to pregnant workers and workers who have recently given birth or are breastfeeding, whose work poses health and safety risks. If it is established, using the relevant procedure, that there is a risk to their safety or health, the employer has to take such measures as required to prevent the exposure of the female worker to that risk by permanently or temporarily adjusting the working conditions and/or temporarily adjusting her working hours. Where it is technically and/or objectively impossible to adjust the working conditions and/or working hours, the employer has to take such measures as required to transfer the female worker to another post. Where it is also technically and/or objectively impossible to transfer her to another post, the female worker has to be relieved of the obligation to carry out her work for as long as it takes to protect her safety and health. In any event, the female worker cannot be forced to carry out any tasks that are hazardous to her own health or that of her child.

f) protection of health, safety and hygiene at work

Concerning Greek legislation in force on health and safety at work, Law 3850/2010, ratifying the code of laws on health and safety at work (Government Gazette, Series I, No 84), as ratified and effective, sets out general principles on the protection of workers, in accordance with the EU Directives and the international labour conventions of the International Labour Organisation.

The general provisions on health and safety at work, as laid down in Law 3850/2010 [Presidential Decree 17/1996, setting out measures to improve the safety and health of workers at work, in compliance with Directives 89/391/EEC and 91/383/EEC (Government Gazette, Series I, No 11/18.01.1996), is included in the encoded legislation] provide a modern and effective institutional framework for promoting the health and safety of workers. Law 3850/2010 sets out basic provisions on the organization of health and safety at work, specifying the key health and safety actors, i.e. the employer, the safety engineer, the occupational physician and the health and safety committees. It also sets out the obligations and responsibilities of employers (i.e. risk assessment, setup of protection and prevention services) and of workers (i.e. compliance with the relevant provisions, appropriate use of machinery and equipment).

There are also numerous pieces of legislation, in compliance with EU Directives, relating to hazardous (physical, chemical and biological) agents, the use of working equipment, the protection of specific categories of workers, etc.

g) equality of treatment between men and women

Law 3896/2010 (Government Gazette 207, Vol. I of 8 December 2010), as amended by par. 2 article 22 of Law 4604/2019, concerning equal opportunities and equal treatment of men and women in work.

More specifically, Law 3896/2010 adapted national legislation to Directive 2006/54/EC of the European Parliament and of the Council.

The Law aims to ensure that the principle of equal opportunities and equal treatment of men and women in respect of work and employment is applied in relation to:(a) access to employment, including promotion and professional training, including education intended to ensure employment;(b) the working terms and conditions including pay; and (c) professional social security systems.

In the above context, Article 2 defines the concepts of direct and indirect discrimination based on sex, harassment and sexual harassment, pay and professional social security systems.  Moreover, Article 3 also explicitly prohibits all forms of direct or indirect discrimination based on sex, primarily in connection with one’s family status. Harassment, sexual harassment and all forms of less favourable treatment, based on the tolerance or rejection of that behaviour, constitute discrimination based on sex. It is also stipulated that all forms of less favourable treatment associated with the gender reassignment of a person, an order that entails discrimination against a person based on sex, and less favourable treatment of women, based on pregnancy or motherhood, constitute discrimination based on sex.

In respect of the mechanisms and penalties, the independent authority of the Greek Ombudsman has been designated as competent authority for monitoring the principle of equal opportunities and equal treatment for men and women with regard to access to employment, professional training and development, as well as working conditions, and a special cooperation scheme with the Hellenic Labour Inspectorate has been put in place, the latter being the competent national mechanism for monitoring the implementation of national labour legislation and the imposition of penalties.

The Law also provides for legal protection (Article 22) and ensures that all persons who feel that they have suffered loss due to failure to comply with the provisions of this Law, even following expiry of the relationship under which the discrimination took place, are entitled to judicial protection and have the right to appeal to the competent administrative authorities (Labour Inspection Body), including the mediation procedures carried out by the Greek Ombudsman. Exercising those rights will not affect the deadlines specified for lodging judicial and administrative appeals.

Finally, in the event of failure to comply with the provisions of the above law, civil penalties are imposed for full compensation of the person affected, which must cover both non-pecuniary and pecuniary damage and any losses incurred or gains prevented, as well as administrative and criminal penalties (for sexual harassment), pursuant to Article 23 of Law 3896/2010, as in force each time and article 11 of Law 4443/2016.

h) non-discrimination mainly due to: racial or ethnic origin, color, language, physical or mental illness on condition/ provided that workers are clearly/ is proved that they are capable of carrying out their duties, social origin, part time work, accession or not ot a trade union, political or religious beliefs

Equality – Principle of equal treatment

Upon adoption of Law 4443/2016 (Government Gazette, Series I, No 232) any discrimination based on race, color, national or ethnic origin, descent, religion or belief, disability or chronic illness, age, family or social status, or sexual orientation, identity, gender characteristics, is prohibited at work and employment.

Directives 2000/43/EC and 2000/78/EC, a general framework was established to combat discrimination based on racial or ethnic origin, religion or belief, disability, age or sexual orientation.

The principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation applies to all persons in the public and private sector and relates to:  (a) conditions for access to employment and occupation, including selection criteria and recruitment conditions and promotion;  (b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;  (c) employment and working conditions, including dismissals and pay, as well as health and safety;  (d) membership of and involvement in an organisation of workers or employers, or any professional organisation, including the benefits derived from participation in such organisations.

Discrimination based on race, color, national or ethnic origin, descent, are prohibited, in addition to employment and occupation, to:  (a) social protection, including social security and healthcare;  (b) social advantages;  (c) education;  and (d) access to and supply of goods and services which are available to the public, including housing.

i) hiring out of workers to a user undertaking by temporary employment undertakings or by undertakings hiring out workers

The provisions relating to temporary agency workers are given in Articles 113 to 133 of Act 4052/2012 (Government Gazette 41, Vol I of 1 March 2012), as have been amended by subparagraph IA.8 of paragraph IA of article one of Law 4093/2012, par. 7 of article 24 and par. 3 of article 80 of Law 4144/2013 (Government Gazette 88, Vol I of 18 April 2013) and subparagraph IA.4 of paragraph IA of article one of Law 4254/2014 (Government Gazette 85, Vol I of 7 April 2014) .

Articles 113-121 of Law 4052/2012 (Government Gazette, Series I, No 41), as amended by subparagraph IA.8 of paragraph IA. of Article one of Law 4093/2012 on the approval of the Medium-Term Fiscal Strategy Framework 2013-2016 – Emergency Measures for Implementing Law 4046/2012 and the Medium-Term Fiscal Strategy Framework 2013-2016 (Government Gazette, Series I, No 222), Article 24(7) and Article 80(3) of Law 4144/2013 on combating wrongdoing related to social security and the labour market, and other provisions falling within the jurisdiction of the Ministry of Labour, Social Security and Welfare» (Government Gazette, Series I, No 88), and subparagraph IA.4 of paragraph IA. of Article one of Law 4254/2014, setting out measures for the support and development of the Greek economy within the scope of Law 4046/2012, and other provisions (Government Gazette, Series I, No 85), transposed into the national legislation Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work.

The above provisions aimed at: (a) ensuring protection of temporary agency workers and improving the quality of temporary agency work by establishing provisions ensuring equal treatment for temporary agency workers and those recruited directly by the user undertaking; and (b) establishing a suitable framework for the use of temporary agency work, with a view to contributing effectively to the creation of jobs and to the development of flexible forms of working.

To ensure the principle of equal treatment, provision is made to the effect that the basic working conditions of temporary agency workers, including remuneration, are, for the duration of their assignment at a user undertaking, at least equal to those that would apply if they had been recruited directly by that undertaking (user undertaking) to occupy the same job.

The cases in which employment by user undertakings of a worker under a fixed-term contract is prohibited, on grounds relating in particular to the protection of temporary agency workers, the requirements of health and safety at work and the need to ensure that the labour market functions properly and abuses are prevented, are also specified.  Furthermore, to protect the labour rights of temporary agency workers, provision has been made for entering into a fixed term or a permanent employment contract, in writing and in advance, by and between the temporary employment undertaking and the employee, setting out specific conditions, as well as entering into a contract, in writing and in advance, by and between the temporary employment undertaking and the user undertaking, setting out inter alia provisions on the remuneration and social security coverage of the employee for as long as he offers his services to the user undertaking.

Generally, the working conditions that apply to workers posted through a temporary employment undertaking falling under the scope of Presidential Decree 219/2000 are the same as those that apply to any worker posted in Greece.

The above mentioned provisions shall not prevent application of terms and conditions of employment which are more favorable to posted workers.

The second indent of Article 3(10) was transposed into our national legislation, as the core of the mandatory provisions of Article 3(1) of the Directive covers all activities (by law, presidential decree, collective agreement, ministerial decision, etc.), with certain exceptions relating to the duration of the posting.

 

Subcontracting Liability (article 9 P.D. 101/2016)

Article 9 stipulates that in subcontracting chains the contractor of which the employer (service provider) is a direct subcontractor (the contractor has concluded a subcontracting contract with the employer-service provider-subcontractor), pursuant to paragraph 2 of article 2 of P.D. 219/2000 is jointly and severally liable against the posted worker for non-payment of any wages or contributions due to common funds or institutions of social partners (as provided for by article 4 of P.D. 219/2000 which has transposed article 3 of Directive 96/71/EC), unless he or she has undertaken due diligence obligations for the accomplishment of his/her liabilities.

Subcontracting liability concerns all kind of activities and sectors and all intermediate subcontractors throughout the subcontracting chain.

Liability is limited to worker’s rights acquired under the contractual relationship between the contractor and his or her subcontractor.

 

Defence of the rights of the posted workers – Facilitation of Complaints (article 8 P.D. 101/2016)

The local competent authorities of the Labour Inspectorate Body examine every complaint and request submitted by the posted worker regarding compliance with the provisions of article 4 of P.D. 219/2000 and paragraph 7 of this article, both during the posting period and after its completion.

The labour dispute settlement procedure is also applied in cases of posting of workers, according to the relevant national provisions.

Also, regardless of the law governing the employment relation, any person who considers that non-compliance with the terms of P.D. 219/2000 and this, damaged him/ her, even if the employment contract has ended is entitled to judicial proceedings and the right file a complaint before the competent administrative authorities.

Trade Unions and other third parties, such as associations, organisations or other legal entities, which have, in accordance with the criteria laid down by national law, a legitimate interest, may engage, either on behalf or in support of the complainant (either worker or service provider), with his or her approval, in any judicial and/or administrative procedure for the enforcement of P.D. 219/2000 and P.D. 101/2016.

The above rights or any other legal action, can be exercised even after the end or termination of the employment contract, without prejudice to national legislation regarding on limitation periods/time limits for administrative and judicial appeals, as well as on the representation of workers and employers.

 Any unfavourable treatment of the posted worker by the employer, due to the exercise of the above mentioned rights by the worker, is prohibited.

 

Procedural and administrative requirements employers who post workers to Greece must comply with – Prior declaration (article 7 of Presidential Decree 101/2016):

The procedural and administrative requirements are provided in article 7 “Control Measures imposed for the enforcement of P.D. 219/2000 and hereof” of the Presidential Decree 101/2016 “Adaptation of Greek legislation to the provisions of Directive 2014/67/EU of the European Parliament and the Council of 15th of May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and the amendment of regulation (EU) no: 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI” Regulation)” (Official Government Gazette 26th  of September 2016, 1st Volume, Issue No 178).

1. In order to ensure effective monitoring of compliance with the provisions of Presidential Decree 219/2000 and Presidential Decree 101/2016, undertakings that post workers to the territory of Greece, have the obligation:

A) To submit, at the latest at the commencement of the service provision and irrespective of its duration, to the competent departments of the Labour Inspection Body of the place where services are provided, the following documents, drawn up in Greek:

(a) a written declaration, where the following elements are included:

(i) the name or corporate name and legal status of the service provider, its seat, address, contact phone number, fax, e-mail address and VAT registration number or any other number of Record’s membership-Registry number);

(ii) the identity elements (name, surname, father’s name, mother’s name, date of birth, place of residence – address, work address, contact phone number, e-mail address etc) of the undertaking’s legal representative;

(iii) the identity elements, as the above, of the undertakings’ (service provider) representative in Greece during the provision of the services, pursuant to the provisions of par. 1 (cc) of article 5 of P.D. 219/2000, who shall act as liaison officer with the competent Greek authorities (articles 3 and 4 of P.D. 101/2016), and in case required/ necessary, shall send and receive/ deliver  the relevant documents;

(iv) the address or addresses of the workplaces where the posted workers shall carry out/ provide their work, as well as the name or corporate name and legal status, seat, address, VAT number of the company or companies where the posted workers shall provide their service;

(v) the start date (date of entry into force of the provision of services) of  the provision of services and of the posting, as well their potential duration; and

(vi) the nature of services of the company where the work is provided, as well as the use or not of hazardous materials or methods;

(b) a list of the posted workers, in two (2) copies, where the following elements are recorded for each one of them:

(i) the name, surname, identity or passport number and the issuing country, date of birth, sex and job specialty of the posted workers;

(ii) the date of conclusion/signing of the employment contract, any similar employment experience and their family status;

(iii) the duration of daily and weekly working time, time of daily work beginning and end, time of stop, break of daily work, as well as the weekly rest period; and

(iv) all kinds of paid wages.

One copy of the above lists is clearly displayed at the workplace, under the responsibility of the undertaking, in an accessible place of the area of work and the other copy remains in the files of the competent authorities of the Labour Inspection Body.

In the event of work carried out in shifts, beyond the above mentioned lists, the undertakings are also obliged to submit a table of the weekly shift rotation schedule.

In case of change of the above mentioned elements, the above mentioned undertakings are obliged to submit a complementary list/ an additional statement within fifteen (15) days, at the latest, of the occurrence of the change. Also, in case of modification of working hours or working time organization, they are obliged to submit an additional list/ statement for the modified elements, no later than the day of the alteration or modification of the working hours or working time organization, and in any case before posted workers commence work.

B) To keep available/ retain at the workplace, during the period of posting, copies, in paper or electronic form: a) of the employment contract or an equivalent document, within the meaning of Council Directive 91/533/EEC (transposed to the Greek legislation by means of the Presidential Decree 156/1994 (A 102)), including the additional information mentioned in Article 4 of that Directive, b) payslips, c) time-sheets indicating the beginning, end and duration of the daily working time and d) proof of payment of wages or equivalent documents.

For mobile workers in the transport sector, the aforementioned/above-mentioned copies are retained/ kept, during the period of posting, at the operations base.

C) Up to two (2) years after the end of posting, to keep and deliver the documents of the previous section to the competent authorities provided in article 3 hereof, upon/ at the request of the last mentioned (Greek authorities), within a period of fifteen (15) days, from the day they received the request, in Greek or English language.

  1. Nothing in this article shall affect other obligations relevant to the notification, provision of information or declaration of actions, the undertakings falling under the scope of this have against public authorities, by virtue of other provisions.
  2. The obligation (above formalities), according to the above mentioned provisions, to submit, keep available and deliver the documents provided by par. 1 of this article, can be also fulfilled (completed) by the undertakings by the use of electronic means.
  3. Employment of posted workers without the previous/prior submission of the documents provided in par. 1.A and without keeping available and delivering the documents provided by paragraph 1.B of this article, results in the imposition of administrative penalties provided by article 16 hereof.

 

Non-exhaustive criteria to identify situations of cross – border provision of services which do not constitute posting for the prevention of abuse and circumvention of the relevant provisions (article 6 of Presidential Decree 101/2016)

a) In order to determine whether an undertaking, established in Greece, genuinely performs substantial activities other than purely internal management and/ or administrative activities elements which are being assessed, in an overall manner and within an extended time frame, include:

i) The place where the undertaking has its registered office (headquarters) and (head office) administration, the place where the undertaking’s administration (management) operates and where the undertaking is engaged in genuine and effective business activities (genuinely performs substantial activities), such as trade and performs business transactions, the place that uses as office space, pays taxes and social security contributions, has a professional licence/ authorization or is registered in Chambers of Commerce or other relevant Registers or Professional Bodies;

ii) The time of the undertaking’s establishment;

iii) The place where posted workers are recruited and from which they are posted;

iv) Τhe undertaking which really pays remuneration/wages to the posted workers;

v) The law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other;

vi) The number of contracts performed/ carried out and the size of the turnover of the undertaking realized in Greece, taking into account whether it concerns newly established or SME.

b) In order to assess whether a posted worker temporarily carries out her/ his work in a Member State other than the one in which she/he habitually/ normally works, pursuant to Regulation (EC) no: 593/2008 (Rome I), the following elements shall, in particular, be examined:

i) whether work is being carried out for a limited period of time in the Member State were the worker is posted, which might be Greece or any other Member State;

ii) the start and end date of posting;

iii) whether posting takes place to a Member State other than the one in or from which the posted worker habitually carries out her/ his work according to Regulation (EC) no 593/2008 (Rome I);

iv) whether the posted worker returns to or is expected to resume working in the Member State from which he or she is posted, after completion of the work or the provision of services for which he or she was/ has been posted, in particular/ especially whether the employment contract or relationship between the posted worker and the service provider, shall continue (to be effective) after the end of posting;

v) the nature of the activities carried out;

vi) whether travel, board and lodging or accommodation costs are provided or reimbursed by the employer who posts the worker, and if so, the method these are provided or the method of reimbursement;

vii) any previous periods during which the post/ job was filled by the same or other posted worker.

 

Judicial Authority-Competence

Pursuant to Article 11 of Presidential Decree 219/2000: ‘Irrespective of the law that governs the labour relationship, any disputes arising from application of Article 4 hereof may also be resolved by the Greek courts of law, in accordance with the applicable provisions.’

 

Contact Details

The contact details of the competent authorities for information provision on legislation applicable in accordance with the abovementioned Directives are the following:

1. Ministry of Labour and Social Affairs
Directorate-General of Employment Relationships, Occupational Health and Safety and Labour Market Integration
Directorate of Individual Contractual Labour Arrangements
Section of Individual Labour Contract
Stadiou 29
10559 Athens
Greece
Tel.: +302131516449, +30 2131516447, +30 2131516385, +302131516384
E-mail: vtsioli@ypakp.gr, dmihailidou@ypakp.gr, dpantazidou@ypakp.gr, oron_ergasias@ypakp.gr

Contact Persons: D. Pantazidou, A. Revela
Website: www.ypergasias.gov.gr

 

2. Ministry of Labour and Social Affairs

Directorate-General of Employment Relationships, Occupational Health and Safety and Labour Market Integration
Directorate of Health and Safety at Work
Stadiou 29
10559 Athens
Greece
Tel.: +30 2131516346
E-mail: vgiannakopoulos@ypakp.gr

Contact Person: V. Giannakopoulos
Website: www.ypergasias.gov.gr

 

3. Labour Inspectorate Body

Central Division
Directorate of Planning and Coordination of Labour Inspectorate Body
Agisilaou 10
10437 Athens
Greece
Tel.:  +30 2105289118, +30 2105289216
E-mail: kysepes3@otenet.gr, zpasiou@ypakp.gr, ampouzios@ypakp.gr

Contact Persons: Z. Pasiou, A. Mpouzios

 

4. Labour Inspectorate Body

Central Division
Directorate of Planning and Coordination of Inspection of Occupational Safety and Health
Agisilaou 10
10437 Athens
Tel.: +30 210 5289184, 109, 183, 189
E-mail: kysepetye@ypakp.gr, ctoufekoula@ypakp.gr, dvamvaka@yapkp.gr, cleloviti@ypakp.gr

Contact Persons: C. Toufekoula, D. Vamvaka

 

5. Labour Inspectorate Body

Regional Authorities/ Directorates of Labour Inspectorate Body- Regional Authorities/ Directorates of Inspection of Occupational Safety and Health

 

Annex

“Minimum rates of pay”

 

Constituent element of “minimum rates of pay”?[2]QuantificationSourceComments
Statutory minimum salary and daily wage  For white collar workers the minimum salary is set at  650 euros and for blue collar workers the minimum wage is set at 29,04 euros.Ministerial Decision 4241/127/30-01-2019Salaries or daily wages are paid following an agreement.

 

The above mentioned amounts increase depending on worker’s years of service till 14-2-2012.The minimum salary of white collar workers increases by 10% for every three years of service and up to three three-yearly periods, i.e., 30%  in total for  9 years of service or more while the minimum daily wage of blue collar workers  increases by 5% for every three years of service and up to six three-yearly periods, i.e., 30% for  18 years of service or more (A table with the relevant pay rates is presented below).Law 4093/2012 (case 3, subpara. ΙΑ 11, para.ΙΑ)The above mentioned increments based on seniority are paid to workers who have been employed by any employer and in any area of specialty, i.e, for blue collar workers after they have reached the age of 18 and for white collar workers after they have reached the age of 19 and apply for previous service completed on 14.2.2012.

(In addition to the regular monthly increment on the grounds of seniority no other increment is included in the statutory minimum salary and wage.)

 

Paid leave and holiday pay (paid  leave remuneration).

.

Every employee in a dependent employment relationship, with either a fixed term or a permanent contract, is entitled to annual paid leave from the beginning of his employment with the undertaking concerned. This leave is granted by the employer on a pro rata basis, depending on how long the worker concerned has been employed by that employer. The proportion is calculated on the basis of a 20 working days’ leave for a 5-working-day week or a 24 working days’ leave for a six-working-day week, corresponding to 12 months’ continuous employment. The employer must grant the salaried person the correct proportion of the above regular leave by the end of the first calendar year in which the employee was recruited. During the second calendar year, the salaried person is entitled to take his regular paid annual leave in portions, according to the time he has worked for the undertaking concerned. This leave is increased by one (1) working day for each year of employment, beyond the first year, up to twenty-six (26) working days or up to twenty-two (22) days if the undertaking operates on a five-day working week basis. During the third and subsequent calendar years, the salaried person is entitled to take all his annual leave at any time during the year.

Moreover, under article.3 of the NGLCA of.2008/2009, workers who have completed 10 years of service with the same employer or 12 years of service with any employer and under any working relationship, are entitled to 30 working days of leave, if the undertaking operates on a six- day working week basis and 25 working days of leave, if the undertaking operates on a five-day working week basis.

From 01-01-2008 after completing 25 years of service, workers are entitled to 1 more day of leave, i.e., 31 working days in total, if the undertaking operates on a six-day working week basis and 26 working days if the undertaking operates on a five-day working week basis respectively.

 

During his/her leave the employee is entitled to the usual pay, i.e., the one that would be regularly and lawfully paid, had he been employed in the enterprise during the respective period. Moreover, the term “pay” includes any kind of additional and supplementary «regular» benefits. (For every month of employment the corresponding paid leave remuneration is 2 daily wages, taking into consideration the above mentioned provisions.)

 

 

a) Para. 1, article 2 of Compulsory Law 539/1945as amended by para. 1 article 13 of Law 3227/2004 and replaced by article 1 of Law 3302/2004, as well as Circular No. 3392/01-03-2005 of the Minister of Employment.

b) Article 3 of NGLCA of 2008/2009.

c) Article 3 of Compulsory Law 539/1945.

 

 

Employees are entitled to a “holiday bonus” apart from the holiday pay.The holiday bonus is calculated on the same basis as the holiday pay, provided that it cannot exceed half the salary for employees who are remunerated with a salary, nor 13 daily wages for those who are remunerated with a daily wage. The above mentioned bonus is paid along with the holiday pay of the employee.Article 3 paragraph 16 of Law 4504/66The entitlement to a holiday bonus follows the entitlement to the regular annual leave.

 

Increment for work on Sundays and public holidays, calculated on the basis of the statutory minimum daily wage or salary.

 

In case of work during Sundays and during the -established by law as non working- holidays of the year, the agreed daily wage for those days is paid increased by 75%. This increment by 75% of the daily wage or the 1/25 of the monthly salary is always calculated on the statutory minimum salary and daily wage threshold.Decision No.8900/46 of the Ministers for Finance and for Labour and Article 1 of Decision No. 25825/51 of the above mentioned Ministers.
Remuneration for overtime work (for work beyond 45 hours per week –on a five-days working week – after the 9th hour each day- or beyond 48 hours –on six-days working week- after the 8th hour each day)It is remunerated at the paid hourly rate plus: 40% of the paid hourly wage (legal overtime)-or 60% of the paid hourly wage (overtime following approval)-or 80% of the paid hourly wage (illegal overtime)Article 1 paragraph 2 of Law 3385/2005 as amended by Article 74 paragraph 10 of Law 3863/2010.
Christmas and Easter bonusChristmas bonus is equal to one monthly salary for those remunerated with a salary and to 25 daily wages for those remunerated with a daily wage. Easter bonus is equal to half the monthly salary for those remunerated with a salary and with 15 daily wages for those remunerated with a daily wage.

The above mentioned bonuses are paid in full, as long as the employment relationship between the employees and the liable employer lasted the entire period from 1st of January until 30 of April for the Easter bonus and from 1st of May until 31st of December for the Christmas bonus of every year. In cases where the employment relationship did not last the entire above periods of time, bonuses will be calculated on pro rata basis. (When the employment relationship has not lasted for the entire above mentioned period: a) Christmas bonus equals to the 2/25 of the monthly salary or 2 daily wages depending on the agreed method of payment for every 19 days of duration of the employment relationship and b) Easter bonus equals to the 1/15 of half  the monthly salary or 1 daily wage depending on the agreed method of payment for every 8 days of duration of the employment relationship within the above mentioned reference periods. For intervals shorter than 19 days or 8 days the corresponding ratio is being paid.)

Ministerial Decision 19040/1981 
  

 

EARNINGS THRESHOLD

WHITE COLLAR WORKERS

YEARS OF SERVICEBASIC SALARYTHREE YEARLY SENIORITY BASED INCREMENTSTOTAL EARNINGS
    0- until 3650,00650,00
3 completed- until 6650,0065,00715,00
6 completed- until 9650,00130,00780,00
9 completed- over650,00195,00845,00

 

BLUE COLLAR WORKERS

YEARS OF SERVICEBASIC DAILY WAGETHREE YEARLY SENIORITY BASED INCREMENTSTOTAL EARNINGS
0- until 329,0429,04
3 completed- until 629,041,4530,49
6 completed- until 929,042,9031,94
9 completed- until 1229,044,3633,40
12 completed- until 1529,045,8134,85
15 completed- until 1829,047,2636,30
18 completed- over29,048,7137,75

 

 

 

 

 

[1] Provided by Ministerial Decision 4241/127/30-01-2019 in force as of 01-02-2019 (Government Gazette 173, II).

Article 103 Law 4172/2013 (Government Gazette 167, I)

[2] Under para. 2, article 4 of P.D. 219/2000, minimum rates of pay means gross pay set by Greek labour law (laws, decrees, ministerial decisions) and collective agreements or arbitration awards which have been declared universally applicable .     Such pay consists of the basic salary and the individual provided for allowances, including overtime pay.

Contributions paid to supplementary pension schemes as well as provisions granted by them are not included.

Similarly, provisions granted to posted workers are not included, provided that they are paid in the form of reimbursement of expenses actually incurred on the grounds of posting, such as travel, board and lodging expenses.

 

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