Let's get this straight: It does not take a position on the legality of keeping the three-years or not the Council of State with yesterday's decision, acting more or less as... Pontius Pilate. Thus, after more than 30 months, it has judged SEV's appeal as «inadmissible» on formal grounds. Of course, it is not in favour of abolishing the three-year period, which in practice leads to the three-year period being saved.
Besides, the Ministry of Labor has already taken a clear position in favor of maintaining the three-year work, which was also expressed in the Council of State, while noting that no new legislative intervention is required, as triennials are related to the law that introduced them and not to the minimum wage.
Of course, according to reputable labor lawyers, the Ministry of Labor should, with a clear provision, immediately Legislation, in order to clear the air.
The outstanding issues on triennia
In fact, according to the Union for the Defence of Labour and the Social State (ENYPEKK), the issue remains pending and does not lend itself to celebration on the labour side. In fact, it calls on the government to immediately and without any delay to legislate for the compulsory payment of the three years' wages. Of course, it also calls for the annulment of PY 6 of 2012 and Law 4093 of 2012, which suspended the granting of triennials, so that triennials are given to old and new workers alike.
Speaking to Euro2day.gr, the lawyer-working lawyer Yannis Karouzos points out that the court ruled that the Achtsioglou circular does not establish a legal obligation to recognise three-year employment contracts, as it is not a law that introduces such a regulation. Mr Karouzos, in fact, reiterates his position on the adoption of a provision of law explicitly regulating the issue. However, the well-known lawyer makes it clear that there is no question of no question of disputing the inclusion of triennials in the minimum wage, Despite the ambiguity of the 2013 law, there is of course no question of a development regarding the «unfreezing» of triennials, due to our country's commitment under the Memorandum, until the unemployment rate falls below 10%.
What the Council of State has practically done, after more than 30 months during which, for the most part, employees and employers were hostage to a misunderstanding of what is ultimately valid with regard to three-year contracts, is to answer that cannot make a legal judgment on the Achtsioglou circular.
In practice, however, the three-year periods, where they were paid, will continue to be paid normally
But beware. This is 10% on the minimum wage, per 3 and up to 9 years, given to unskilled workers and those receiving the minimum wage, until 2012. For young workers, the law stipulates that three-year contracts will be «unfrozen» if unemployment falls below 10%.
As labor experts explain, if the Council of State had accepted the appeal of the industrial associations and annulled the 2019 circular of the then Minister of Labor, Efis Achtsioglou, thousands of employees - «old» employees who have been working since 2009 and earlier with the same employer were at risk of losing up to €195 per month.
It should be noted that the representatives of SEV and other employers were asking for the annulment of the relevant circular, which had given clear instructions on 18 February 2019 for the calculation of the increments of seniority on the then new minimum wage of 650 euros. SEV and other organisations considered that the then increase in the minimum wage should not have included any increases even for wages from 2012, as the 2014 memorandum law defined the minimum wage as «a single reference value (amount)».
According to the legislative provisions of the memorandum period -which refers to the circular Achtsioglou-, increases due to seniority up to 30%, ie up to 195 euros, entitled to those who had a minimum of 3 years by 14 February 2012. With this mechanism, the minimum legal wages were set at up to 845 euros per month in 2019. Those who complete three years of service after 14/2/2012 are not entitled to an increase until unemployment falls below 10%.
Indeed, it is noted that any successful application for annulment could render the circular invalid with retroactive effect, from the date of publication of this circular, i.e. 18 February 2019. This would of course mean in practice the retroactive search, 2.5 years back, of the amounts of the triennial payments, which in the meantime have been paid to the employees. Something very difficult, if we even take into account that social security rights have been created on these salaries.
