Key Reforms promoted by the government in the labor with bill which is expected to be put out for public consultation - unless unlikely - towards the end of March. At the core of the bill are the new Flexibilities in the settlement of the working time and of overtime, while radical changes are coming to the trade union law and in parental leave.
Important interventions are promoted in collective bargaining, while the «Organi II» and the digital work card for the on-line monitoring of the actual working hours of the employees.
The new model arrangement of time Labor, comes on the back of earlier similar legislation, most recently in 2011. businesses are expected to be able to employ, subject to certain conditions, employees as 10 hours per day at most, without additional fee, provided that within the same 6-month period they pay for the additional 2 hours beyond the 8-hour period, with a corresponding reduction of hours on other working days or with days off or with days off. A 6-month «time bank» is established for the overtime.
According to the 2011 model, during the settlement, the Medium term of hours working week for one year, not including hours of overtime and statutory overtime during the reduced working hours period, remains at 40 hours (for those working a 5-day 8-hour week), while if the above overtime hours are included and legal overtime may not exceed 48 hours.
In the preferred scenario, the green light for the offsets of overtime hours ή overtime with reduction of working time at another time, is expected to be given by the Supreme Labour Council, following an appeal by the Employer, if it is not possible to sign an operational contract. The aim of the new reformed framework is to make the application of the settlement and the offsetting of overtime.
For example, when it appears in the year in a business temporary need for extra work, the employer will be able to request approval from the ASE to employ workers for a specific period of time, up to 10 hours per day without additional fee. Within 6 months, the company will have to make up for this extra 2 hours of work per day with a corresponding reduction in working hours in another period or with time off. The employer must comply with the provisions of the labour law on compulsory daily and weekly rest.
Today, the arrangement of working time requires company collective agreements or an agreement between the employer and a trade union in the company.
The ceilings on statutory overtime are also expected to increase significantly across the economy. Currently, the ceiling overtime it is 48 hours per 6 months (90 hours per year) for workers in industrial, craft enterprises, holdings and operations and 120 hours per year for workers in other sectors of the economy.
The same bill is expected to abolish the current wage and salary distinction, a measure that will also remove the current distinction in severance pay between employees and workers. It is also expected to establish an employer's right to claim that an employee should not report to work but should be paid, after and up to the point of notice of dismissal.
Strike with electronic voting
Radical changes are also coming to the trade union law, as the obligation for trade unions to provide members of the General Assembly with a real practical opportunity to participate and Vote From remotely, electronically, in particular for the purpose of receiving strike decision.
It shall be established at least 40% security staff, which must continue to work in the event of a strike in enterprises whose operation is critical to society as a whole, in the public sector, local authorities and the NGO. Occupation of premises and entrances and the use of psychological or physical violence are prohibited. If they take place, the strike becomes illegal. Anyone participating in an occupation or committing violence is liable to prosecution.
It is worth noting that right collective bargaining and therefore the signing of collective agreements will now be recognised only on trade union organisations registered in the statutory digital registers.
In another part of the bill, the «ERGANI II» and the digital working card for on-line monitoring of workers' actual working hours is introduced, while a new institutional framework for teleworking is coming.
Changes are also coming to the parental leave transposing a relevant Community directive and providing for :
- at least 10 working days' maternity leave for the father, and
- additional 6-month parental leave until the child is 8 years old for all fathers and mothers who do not already receive the 6-month maternity protection benefit.
Of the 6 months, the first 2 are paid by the OAED at the minimum legal wage, while the remaining 4 are unpaid. Finally, the protection of new fathers against dismissal is also established, for 2 months after childbirth for the 1st child, 4 for the 2nd and 6 for each subsequent child.
