A. ORGANIZATIONAL MEASURES FOR COMPANIES DUE TO COVID-19
1. Suspension of employment contracts of employees of companies whose operation has been prohibited by state decision
The employment contracts of the personnel of companies whose operation has been prohibited by State decision shall be suspended for as long as the ban is in force. Article 656 of the Civil Code applies here providing that employers in case of “force majeure” are not required to pay salaries. Employees of these companies are entitled to a special grant (see below).
Fixed term contracts terminating after the time of the prohibition of the operation of the establishment are also suspended. The contract will continue after the end of the above prohibition for the time remaining.
2. Suspension of employment contracts of employees of undertakings of branches designated as “severely affected”
(a) Private sector employers, who are designated as “severely affected” by the negative effects of the COVID 19 crisis, may suspend, during 45 continuous days, the employment contracts of all or of part of their staff, in order to adapt their needs to the adverse circumstances of the crisis. This measure of suspension of employment contracts may start to apply up to 20.4.2020, with the possibility of extension, taking into account the evolution of the special circumstances. The application of this measure can be gradual and only for a part of the personnel.
(b) This provision applies only to private-sector companies, designated by the Ministry of Finance, as sectors affected by the spread of the COVID-19.
3. Transfer of employees within the same group of companies designated as “severely affected” by the coronavirus crisis
a. In the context of emergency and temporary measures in the labor market to counter and limit the spread of COVID-19, an employer whose company is designated as “severely affected” or prohibited to function, may transfer staff from a company of the group to another company of the same group, following an agreement between them.
b. The undertakings of the group applying the above measure are required to maintain the same number of employees employed before the transfer.
4. Operation of undertaking with minimum personnel –in all companies
1. For the purpose of limiting the spread of coronavirus, for a period not exceeding six (6) months from 20 March 2020, the employer may, by decision, appoint staff of the company as follows:
(a) Each employee may be employed, continuously or intermittently, for at least two (2) weeks with a reference period of a month;
(b) The above way of organizing the work shall be done per week and shall comprise at least 50% of the staff of the undertaking;
(c) An employer who applies this way of organizing the work shall be required to maintain the same number of employees employed before the provision of the above measure.
(d) Employees’ salaries will be reduced accordingly with the work provided.
5. Provision of work with teleworking system – in all companies (Article 4 (2) Act of 11.3.2020)
The employer may decide that the work provided by the employee will be carried out via telework.
B. FINANCIAL MEASURES SUPPORTING EMPLOYEES – DISMISSAL PROHIBITIONS
1. Support mechanism – grant to employees of undertakings whose operation has been temporarily prohibited
1. A special mechanism for the support of employees in establishments of employers whose operation has been temporarily prohibited due to the emergency measures dealing with the coronavirus, is established.
2. Employers whose companies are subject to or have been subject to the measure of temporary prohibition, following a public authority order, are required to submit an affirmation to the Information System of the Ministry of Labor and Social Affairs, declaring that their company is subject to a temporary ban of operation with refer to the employees whose employment contracts are suspended. In the event that employers do not submit the above affirmation, they shall be excluded from the measures of suspension of installment payments or arrangements or partial payment facilities and any kind of certified debt to the State.
3. Employees employed by employers referred above shall submit an affirmation to the Information System of the Ministry of Labor and Social Affairs.
4. The above measures do not concern: (a) those working remotely, (b) those who are legally in leave e.g. annual leave, (c) those working as security personnel, and (d) employees whose contract is not suspended due to the ban of the operation of the company by State decision.
5. The amount of the grant shall be EUR 800 for the period from 15.3.2020 till 30.4.2020.
6. Employees’ social insurance during 45 days is covered by the state budget.
7. Employees of the above undertakings whose employment contract has been terminated from 1 March 2020 to 20 March 2020, by termination either by the employer or by them, shall also be entitled to exceptional financial assistance, unless they have concluded an employment contract with another employer. This financial assistance is independent from the unemployment benefit.
2. Invalidity of dismissal of employees of undertakings whose operation has been prohibited by state decision
1. Employers whose undertakings has been suspended due to a public authority order and for as long as the measures taken to deal with coronavirus are valid, shall not dismiss their staff. Such dismissals are void. The effective date hereof is 18 March 2020.
3. Invalidity of dismissal of employees of undertakings whose contract of employment has been suspended due to an employers’ decision. Number of staff (Article 11 (2) of Act 20.3.2020)
1. Employers who adopt the measure of the suspension of the employees’ employment contract are expressly prohibited from dismissing them. Such dismissals are void.
2.Employers who decide the suspension of the employment contract of their employees shall also, after the expiry of this suspension, maintain the same number of employment positions for a period equal to that of the suspension.
3. Employers who opt for the operation of the undertaking with minimum personnel shall, after the expiry of the measure, maintain the same number of employment positions existing before the application of this measure.
4. Special assistance for employees whose employment contract is suspended due to an employers’ decision
1. Employees whose employment contract is suspended, from the application by the employer of the measure of suspension (see above), are entitled to exceptional financial assistance.
2. Employees of these companies whose employment contract has been terminated from March1st, 2020 to March20th, 2020, by termination either party, shall also be entitled to exceptional financial assistance, unless they have concluded an employment contract with another employer. This assistance is independent from the unemployment benefit
3. The above compensation is irrevocable, tax-free and not offset against any debt.
4. The cost of their full insurance coverage during 45 days is calculated with refer to their normal wage and it is covered by the state budget.
5. For this purpose, the employer is required to submit a statement to the Ministry of Labor’s electronic system, with refer to the employees whose employment contracts are suspended by decision of the employer.
6 Employers are also required to include in the statement, their former employees whose employment contract has been terminated, from 1 March 2020 to 20 March 2020.
7. In the event that employers do not submit the above statement, they shall be excluded from their measures of suspension of installment payments or arrangements or partial payment facilities and any kind of certified debt to the State.
8. Employers are required to notify the above statement in writing or electronically to the employee on the same day;
9. The provision applies only to private-sector employers designated by the Ministry of Finance as sectors affected by the spread of coronavirus.
10. The amount of the grant shall be EUR 800 for the period from 15.3.2020 till 30.4.2020.
C. SPECIAL LEAVE
1. Special Leave
a) Parent employees, whose children attend kindergartens or schools, may receive special leave (special purpose leave) as long as the above units remain closed.
The employee is entitled to a special leave of three (3) days, if the employee uses one (1) day of his normal annual leave for every three (3) days of the special purpose leave. The above leave may be obtained from 11.3.2020 to 10.4.2020, provided that at least one parent works in the private sector as an employee, even if the other parent is a self-employed.
(b) Where both parents are employees, at the same or different employers, by joint affirmation to their employer or employers, they shall notify either of them of the use of the above leave. They may also share the leave at appropriate intervals.
(c) If one parent is an employee of the private sector, while the other is employee of the public sector or civil servant, she/he is required to provide the employer with the statement of the parent working in the public sector that she/he has not used a special leave.
d) If only one of the two parents is employed, then she/he may not use the special leave unless the non-working parent is hospitalized for any reason or he is suffering from coronavirus or he is a disabled person.
(e) In the case of divorced parents, special leave shall be granted to the parent who has custody of the child, unless otherwise agreed, in accordance with their joint affirmation.
(f) Two thirds (2/3) of the days of special leave are paid by the employer, and one third (1/3) by the regular budget of the state.
(g) A Ministerial Decision may extend the period of application of the above exceptional and provisional measure, taking into account the course of development of the coronavirus crisis.
(h) In particular for employees in the public sector, the three days of special leave shall be paid by the employer.
i)A similar arrangement is also provided for civil servants
2. Instead of using the special leave referred to in paragraph 1, the employees may, at their request, work part-time, up to 25% per day, without reduction in their salaries.
3. A decision by the competent authority is required for the application of the above provisions to employees employed by the Ministry of Health, by health service providers, by the Ministry of Immigration and Asylum and to members of police and armed forces bodies.
4. In the event of an urgent need to suspend or to restrict the operation of a public service, the number of staff who must attend the service daily may be determined, at the discretion of the Minister or the body responsible for its administration, with the possibility of rotation or by designation of minimum personnel. In this case, the necessary measures shall be taken to ensure, depending on the nature of the service, the possibility of working remotely.
5. The above facilities, provided that they are approved on the basis of the service requirements of the competent authority, shall be also granted under the same conditions to parents whose children are up to four years old, not attending nursery schools.
2. Special leave of restricted civil servants
If a civil servant is required to be restricted due to emergency measures for the coronavirus, following instructions from the National Public Health Organization (EODY), he is considered absent due to a sick leave. This leave is not deducted from the employee’s eligible annual sick leave.
3.Special leave of private sector employees of healthcare providers
The above measures apply accordingly to medical, nursing and all personnel of private providers of health services, such as hospitals, clinics, clinics, primary care units. However, for the provision of the above facilities, a motivated decision of the competent body of the private health is required.
D. WORKING TIME ORGANIZATION
1. Maximum overtime limits for employees
As long as there is an immediate risk of spread of coronavirus, and for any period not exceeding six (6) months from the date of entry into force of the Act (14.3.2020), employers who have exceeded the applicable overtime limits of their employees may employ them overtime. Such overtime may not exceed the maximum daily working time limits provided for in the relevant provisions.
2. Operation on Sundays and public holidays for undertakings
As long as there is an immediate risk of spread of coronavirus, and for any period not exceeding six (6) months, companies of production, transport or supply of foodstuffs, fuels, medicines and paramedics to stores / businesses selling related items may operate on Sundays. In any case, the relevant provisions of the labor legislation concerning the working time limits of the employees must be respected.
E. OTHER LABOR PROVISIONS – SOCIAL POLICY
1. Leases of main residence
A person whose employment contract has been temporarily suspended shall be exempt from the obligation to pay 40% of the total rent of his residence for the months of March and April 2020, notwithstanding the existing lease provisions. The employee is required to have an employment relationship with the company at the time of the application of the emergency measures suspending or temporarily prohibiting operation for reasons related to the coronavirus.
2. Extension of unemployment allowances
The duration of the unemployment allowances that have expired or will expire within the first three months of 2020 is extended until 31 May 2020.
