Υπ. Work: How to verify the status of executive

By decision of the Minister of Labor and Social Affairs Kostis Hatzidakis, issued pursuant to Law 4808/2021 on Labor Protection (article 79 paragraph 5 subparagraph f), the criteria to be applied by the audit authorities are recorded, in order to determine whether an employee is a manager and may be exempt from part-time legislation. With these arrangements, in combination with the provision that the capacity of the manager must be explicitly agreed in the employment contract and declared to PS “ERGANI”, the auditing bodies can be led to transparent and objective crises, while the employers and the employees gain a clear picture of the rights and obligations of executives at every level.

According to the decision, as employees holding a position of supervision or management or confidential are considered those who:

a. Exercise the managerial right of the employer vis-λοι-vis other employees of the company or
b. Represent and commit the business to third parties or
c. They are members of the board of directors or the corresponding governing body of the employer or
d. Are shareholders or partners holding more than 0.5% of the employer’s voting rights

Also considered to be executives are those employees who are heads of Departments, Units or Departments or other independent units of the employer enterprise identified in its organization chart, which entrusts them with the supervision of part of its continuous, intermittent or extraordinary, but still essential operation, if not less than six times the statutory minimum wage.

Finally, those who are paid with at least eight times the statutory minimum salary are also characterized as supervisory, management or trust executives. The above information, as mentioned above, must result from explicit terms of the employment contract and be declared in the ERGANI information system.

Employees who do not have the above qualifications are not allowed to work overtime without the legal formalities and without receiving additional pay for overtime and overtime work, off-site compensation, as well as overtime or night work on Sundays and holidays.

Changes in the procedure for submitting the forms of competence SEPE-OAED

By the same Ministerial Decision, the decision “Redefining the terms of electronic submission of forms of responsibility of the Labor Inspection Body (SEPE) and the Labor Employment Organization (OAED)” (Β΄3520 / 19-9-2019) of the Minister of Labor and Social Affairs is amended. the following changes:

– From 29/11/2021 for reasons of simplification of the procedure, the obligation of the employers to register in the form E8 of the PS ceases to exist. INSTRUMENTS the overtime work of their employees which in any case was and is part of the legal schedule. However, the obligation to announce overtime is maintained.
– From the same date, employers employing drivers of trucks and tourist buses, as well as Intercity and Urban KTEL employing bus drivers, governed by Regulations (EC) 561/2006 and (EC) 165 / 2014, are obliged to:
a) to register in the form E4 (additional schedule) in the PS. INSTRUMENTS any change or modification of the working hours or the organization of the working time of these employees within fifteen (15) days after the end of each weekly working period.

b) to register in the form E8 (Announcement of legal overtime employment) in the PS. INSTRUMENTS the legal overtime employment of these employees within the law within fifteen (15) days after the end of each weekly working period.

– Regarding the submission of the forms concerning employees, for which the deadline for their submission to the PS. ERGANI expired before 19/6/2021, only their handwritten late submission is allowed, but with a corresponding application of the penalties provided by the current legislation on late submission, where it is provided.
– The submission of forms E3, E5, E6 and E7 concerning employees, which became overdue between the period from 19/6/2021 to 29/11/2021, is allowed only once and exceptionally by electronic submission in the PS INSTRUMENTS from 29/11/2021 until 20/12/2021. It is understood that the sanctions provided by the current legislation apply to this late submission.
– The submission of forms E3, E5, E6 and E7 concerning employees, which became overdue from 30/11/2021 onwards, is done only electronically and once.
– Regarding the submission of the forms E3.1, E3.2 and E3.3 concerning beneficiaries / internship / apprenticeship, which have become overdue, their electronic submission is allowed, without sanctions.
– Regarding the submission of the forms E3.4 and E3.5 concerning beneficiaries / internship / apprenticeship, which have become overdue, their electronic submission is allowed, but with a corresponding application of the sanctions provided by the current legislation.