Urgent Response Measures for Greek Employers to the Negative Consequences of Coronavirus COVID-19

Authors: Ioanna Kyriazi, Kelly Papadaki, KG Law Firm

New measures for employers were issued on 11 March 2020 by the Greek Government in order to respond to the negative consequences of the occurrence of coronavirus COVID-19. More specifically, the respective legislative decree (Government Gazette 55/11.1.2020) provides for the following:

1. Suspension of registration of changes in working hours, overwork and overtime to ERGANI: The employer’s obligation to register to “ERGANI” information system any change or modification of employee’s working schedule or working time, as well as overwork and overtime is suspended until 10.4.2020. During such period the employer is obliged to notify the above changes to “ERGANI” during the first 10 days of the following month of the month they occurred.
2. Remote working: The employer may decide that the work provided by the employee as determined in his/her individual contract shall be provided remotely e.g. work from home.
3. Special Purpose Leave to working parents due to school closings until 10 April 2020: Other than the above alternatives, working parents may make use of a special purpose leave.
   • Working parents are parents of children: (a) in nursery school and kindergarten; (b) attending compulsory school units; (c) attending special schools or special education and training units, regardless of their age, as well as working parents of people with disabilities.
   • The minimum period of such special leave is three days provided that the employee uses one day of his/her annual leave for every three days of special leave. This means that in order for the employee to make use of this special leave he/she must be absent from work for at least four days (of which three days are considered as special purpose leave and one day as regular leave).
   • From the days of special purpose leave the 2/3 are paid by the employer, and the 1/3 by the State.
   • If both parents are employees, at the same or different employers, they shall notify their employers who will make use of the aforementioned leave with a joint statement or, if they share the leave, the respective periods of use by three each of them. If one parent is an employee in the private sector while the other is a state employee, the private employee must submit the request to his/her employer that the other parent working for the state has not made use of the special purpose leave in order to be granted such leave. If only one of the two parents is working, then he/she cannot make use of the special purpose leave unless the parent who is not working is hospitalised for any reason or is suffering from coronavirus or is a disabled person. In the case of divorced parents, the special purpose leave shall be granted to the parent who has the custody or parental responsibility of the child, unless otherwise agreed, in accordance with their joint statement as set forth above.
   • The employer is obliged to submit to “ERGANI” any employees who made use of the above leave and its duration after 10 April 2020 and in any case until 15 April 2020. The conditions for such declaration shall be specified by a decision issued by the Minister of Labour.
   • In any event, in order for an employee to make use of the special purpose leave, he/she shall be entitled to at least five days of regular annual leave. If this condition is not met, then he/she is entitled to special purpose leave in proportion to the days of entitled annual leave. Please note that the duration of implementation of the above measures may be extended following the issuance of a ministerial decision after taking into account the course of development of the coronavirus.
4. Extension of deadline for payment of social security contributions following the issuance of a ministerial decision: The deadline for payment of social security contributions, as well as the time limits for the payment of installments or partial payment facilities for employers who employ full-time or part-time employees may be extended. Such an extension will not be subject to any interest or surcharge. The adoption of a ministerial decision will determine the affected companies by sector and by region, the financial criteria of eligible companies, the deadline for such payment, as well as any other details necessary for the application of such measure.
5. Suspension of payment of VAT, certified debts to tax authorities, as well as extension of payment of installments of certified debts for companies that have been financially affected by the spread of the COVID-19: During such period the amounts owed shall not be subject to any interest or surcharge. A decision of the Minister of Finance will be issued which will determine the affected businesses by sector and by region, the period of extension of the deadline for payment and suspension, as well as any other details necessary for the application of such measures.

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Authors: Ioanna Kyriazi, Kelly Papadaki, KG Law Firm

New measures for employers were issued on 11 March 2020 by the Greek Government in order to respond to the negative consequences of the occurrence of coronavirus COVID-19. More specifically, the respective legislative decree (Government Gazette 55/11.1.2020) provides for the following:

1. Suspension of registration of changes in working hours, overwork and overtime to ERGANI: The employer’s obligation to register to “ERGANI” information system any change or modification of employee’s working schedule or working time, as well as overwork and overtime is suspended until 10.4.2020. During such period the employer is obliged to notify the above changes to “ERGANI” during the first 10 days of the following month of the month they occurred.
2. Remote working: The employer may decide that the work provided by the employee as determined in his/her individual contract shall be provided remotely e.g. work from home.
3. Special Purpose Leave to working parents due to school closings until 10 April 2020: Other than the above alternatives, working parents may make use of a special purpose leave.
   • Working parents are parents of children: (a) in nursery school and kindergarten; (b) attending compulsory school units; (c) attending special schools or special education and training units, regardless of their age, as well as working parents of people with disabilities.
   • The minimum period of such special leave is three days provided that the employee uses one day of his/her annual leave for every three days of special leave. This means that in order for the employee to make use of this special leave he/she must be absent from work for at least four days (of which three days are considered as special purpose leave and one day as regular leave).
   • From the days of special purpose leave the 2/3 are paid by the employer, and the 1/3 by the State.
   • If both parents are employees, at the same or different employers, they shall notify their employers who will make use of the aforementioned leave with a joint statement or, if they share the leave, the respective periods of use by three each of them. If one parent is an employee in the private sector while the other is a state employee, the private employee must submit the request to his/her employer that the other parent working for the state has not made use of the special purpose leave in order to be granted such leave. If only one of the two parents is working, then he/she cannot make use of the special purpose leave unless the parent who is not working is hospitalised for any reason or is suffering from coronavirus or is a disabled person. In the case of divorced parents, the special purpose leave shall be granted to the parent who has the custody or parental responsibility of the child, unless otherwise agreed, in accordance with their joint statement as set forth above.
   • The employer is obliged to submit to “ERGANI” any employees who made use of the above leave and its duration after 10 April 2020 and in any case until 15 April 2020. The conditions for such declaration shall be specified by a decision issued by the Minister of Labour.
   • In any event, in order for an employee to make use of the special purpose leave, he/she shall be entitled to at least five days of regular annual leave. If this condition is not met, then he/she is entitled to special purpose leave in proportion to the days of entitled annual leave. Please note that the duration of implementation of the above measures may be extended following the issuance of a ministerial decision after taking into account the course of development of the coronavirus.
4. Extension of deadline for payment of social security contributions following the issuance of a ministerial decision: The deadline for payment of social security contributions, as well as the time limits for the payment of installments or partial payment facilities for employers who employ full-time or part-time employees may be extended. Such an extension will not be subject to any interest or surcharge. The adoption of a ministerial decision will determine the affected companies by sector and by region, the financial criteria of eligible companies, the deadline for such payment, as well as any other details necessary for the application of such measure.
5. Suspension of payment of VAT, certified debts to tax authorities, as well as extension of payment of installments of certified debts for companies that have been financially affected by the spread of the COVID-19: During such period the amounts owed shall not be subject to any interest or surcharge. A decision of the Minister of Finance will be issued which will determine the affected businesses by sector and by region, the period of extension of the deadline for payment and suspension, as well as any other details necessary for the application of such measures.