Flexible working hours for the benefit of workers and businesses were tabled late last night in the House of Representatives, a labour bill entitled “Fair Work for All: Simplifying Legislation-Supporting the Worker-Protection in Practice” which is expected to be discussed in the relevant parliamentary committees from Tuesday.

This Tuesday, the Committee will meet on Tuesday with the Parliament’s plenary session.
The bill provides for the possibility for a worker to work up to 13 hours a day (by exception) for an employer with a 40% increase in pay, a provision that has received the strongest opposition from the opposition and trade unions.

However, as a safeguard to protect the employee, following a proposal by the social partners, an article was added that explicitly states that the employee cannot be dismissed if he or she refuses to work overtime (the termination of the contract will be considered invalid) in the context of the one-hour extension of overtime, which, under certain conditions, can yield up to 13 hours of work for the same employer.

In particular, the bill strengthens support to employees as it provides, among other things, greater freedoms in four-day work and in the employee’s request for the allocation of annual leave for leisure, increases the number of beneficiaries of pregnancy and maternity allowance, provides that parental leave allowance is untraceable, unconfiscated, tax-free, prohibits reductions in pay after the implementation of the digital work card, provides for the mandatory presence of a health and safety coordinator in major technical projects.

At the same time, it includes provisions that make it easier for businesses. Among other things, it provides for a significant simplification of the recruitment process, fast-track fixed-term recruitment for urgent needs, and the abolition of many forms whose information is already submitted to the ERGANI II system, to replace “paperwork” with digital functionality.

Finally, it incorporates provisions aimed at the functional strengthening of the Labour Inspectorate, but also social security provisions which provide, among other things, that the exemption of surcharges from insurance contributions for overtime, overtime, overtime, night work and public holidays extends to supplements for overtime, overtime, night work and public holidays provided for in collective labour agreements as well as to related supplements voluntarily granted by the employer, benefiting both employees and enterprises.

“It was an extremely fruitful process that resulted in the final text of the bill, in which we incorporated a large number of proposals coming from the social partners and comments from the consultation. This is a bill that responds to the needs of the modern labour market and that came from its core, workers and businesses. We are always open to realistic proposals, and our aim is a continuous and constructive dialogue with all stakeholders,” said Minister of Labour and Social Security Niki Kerameos.

Among the proposals submitted by the social partners and incorporated into the bill are:
– The provision that the refusal to provide overtime cannot lead to any detrimental change or discrimination against the employee by the employer

– The clarification that any unjustified reduction in pay constitutes a unilateral adverse change and not only if it was made following the implementation of the Digital Job Card

– The clarification that, in the absence of a recruitment notice, a fine for undeclared work is imposed

– The abolition of the obligation of co-signature by the employer in cases of voluntary departure and the automatic notification of the employer for the submission of the declaration by the employee.

Also, after the consultation, provisions were added to the bill that provide for, but are not limited to:
– Extension of protection against dismissal (maternity protection) to foster mothers

– Simplification of the requirements for expanding the specialties eligible to practice as an occupational physician to address the shortage of occupational physicians.

The key changes brought by the bill are as follows:
1. Flexible Hours – What is currently in place and what changes: Up to now, in addition to the 8-hour workweek, the 9th hour of work, which is considered overtime, plus three additional hours, up to the 12th hour, which are considered overtime, is statutory. Also, today, an employee is allowed to work up to 13 hours per day for two or more employers. Under the bill, the 13-hour workday option is extended to employees working for a single employer, provided that the rest and maximum weekly hours limits are strictly observed. It should be noted that the 13-hour limit may not be applied daily, but on an individual basis, if the needs of the business create the condition for such an increase in working hours. In any case, the draft law will specify that the 48 hours of overtime in four months and 150 hours of overtime on an annual basis will be maintained as the maximum permissible limit. Therefore, an employee may work 13 hours per day up to a total of 37.5 days per year. According to official figures, out of the 27 EU member states, more than 10 countries directly or indirectly recognise the possibility of 13 hours of daily overtime work.

Indirectly or indirectly, it is possible to have more than 13 hours of overtime in the EU.
Overtime (i.e. the 10th to the 13th hour in a day) requires the consent of the employee who is explicitly protected from dismissal if he or she refuses to work overtime.

The Ministry of Labour categorically states that the eight-hour day is grandfathered and remains in full force and effect.

2. Salary increase due to overtime. The bill notes that overtime is accompanied by statutory increases (plus 40%). This is also ensured by the implementation of the Digital Job Card, as if overtime is not declared, the extra hour of work is considered illegal and a 120% surcharge is due. In fact, with the new regulation, the employee is favoured in terms of salary. Example: an employee who works for two employers and is paid €8 per hour if he/she work 13 hours for two employers will be paid a daily wage of €104. If he/she works the corresponding hours for a single employer, he/she will receive €119. Thus, there would have to be the consent of the employee for such an addition, which if not the case, he cannot be fired for refusing.

3. Arrangement of working hours – four-day working: The possibility of four-day working throughout the year (rather than just for six months) is introduced, giving respite especially to working parents and people with increased family responsibilities, while at the same time better serving the needs of the business during peak periods. Arrangements can be made on a weekly, monthly, to annual basis, providing flexibility for each employee to schedule their time off. Caution: any change in working hours necessarily requires the consent of the employees. Under the new rules and in consultation with the employer, they will be able to increase or decrease their daily working hours while maintaining the average of 40 hours per week. The extra hours worked can be compensated by reduced working hours, time off, or leave on subsequent days. For example, a 10-hour workday could be applied for two days, and in return, workers would be given reduced daily working hours for two consecutive days within the same week, while taking the fifth day off as part of the 4-day workweek.

4. Express recruitment: At the same time, the same bill will promote recruitment with fast-track procedures through a mobile app so that staff can be recruited, especially in emergencies such as holidays and weekends, when there is an increased need for customer service in restaurants, accommodation, and hotels. In particular, any employer may recruit employees to cover emergency needs under a fixed-term employment contract of up to two (2) days per week, through a special online application “Rapid Recruitment”.

Before the start of employment, the employer declares through the special online application P.S. ERGANI II the essential terms of employment provided. If the employee is a foreigner or a minor, the necessary documents proving legal access to the labour market are also submitted via the same application.

The employee receives a notice of the proposal to conclude the contract through the “MyErgani” online application, and must accept it through the same online application before the start of employment. In case of modifications of the declared data, the employer sends an electronic notification again, as to the modified data, and the employee must accept the modification, at the latest by the start of the originally declared working hours or by the start of any modified working hours, whichever is earlier.

Currently, the employee’s commencement of employment requires notification of his/her employment to the relevant departments of the DYPA, the Labor Inspectorate, and the National Social Security Administration. At the same time, the electronic submission of these forms to the information system “Ergani” is mandatory, as well as the acceptance of the hiring by the employee.

The employers of the catering sector had many times in the past submitted a request to the ministry for simplification of procedures, as it is difficult to find an accountant to promote the hiring process and to respond to the bureaucracy, paper, and digital – on the weekend, while they are “burning” for additional staff to cope with emergency needs.

The fast-track process that comes in response to the employers’ request will result in shortening the time, relieving accounting departments and businesses of additional bureaucratic burdens. In fact, the possibility of immediate recruitment throughout the 24 hours will particularly benefit businesses that operate outside the typical working days and hours, such as those in the catering, hospitality, and tourism sectors, where the need for staff may arise unpredictably.

A prerequisite is clearly the declaration of the recruitment in “ERGANI” because in many cases, employers admit that they are forced to break the law, preferring undeclared work to the “odyssey” of bureaucracy.

As Labour Minister Niki Kerameos stressed, with the new system, only one document will be required instead of four today.

Attention: There is no provision for express dismissals in the bill. It changes absolutely nothing in the current institutional framework with regard to redundancies.

5. Voluntary one-click resignation. In the same framework of reducing bureaucracy, the voluntary one-click resignation is also included. Under the current regime, when a contract is voluntarily terminated by the employee, the employer cannot immediately hire another employee, but 10 days must elapse; otherwise, the employee can claim compensation for dismissal. With fast track hiring and termination, hiring employees to replace those who voluntarily leave will be done immediately, without requiring 10 days to elapse before the voluntary departure will not be classified as a layoff.

6. Right to overtime in rotational work.
Under the new regulation, rotational employees will be entitled to work in addition to their eight-hour workweek, receiving the corresponding 40% premium for each hour of overtime if they so wish. For example, someone working in a restaurant that operates on Friday, Saturday and Sunday will be able to supplement their income with overtime if they wish.

7. “Broken” leave of at least 5 days – What changes in the granting of summer leave
More autonomy in the allocation of annual summer leave is provided in the provision included in the Labour Bill, giving the employee the freedom to allocate his/her annual leave as he/she wish, after consultation with the employer.

Currently, the splitting of vacation time (split leave) is only allowed by exception into two periods, one of which must include at least 12 working days on a six-day workweek and 10 working days on a five-day workweek, upon the employee’s written request to the employer. However, in practice in most private sector enterprises, leave is granted for three weeks in August when the enterprise is closed or under-utilised. Conversely, several businesses ( e.g., bottled water, soft drinks) prefer to give employees the long holiday in the winter instead of during the peak period.

With the new provision, the employee can “break” his leave as it suits him, but in consultation with the employer. For example, he will be able to take his annual leave in 4 different periods within the same year if he wishes, depending on his personal and family needs.