New labor and harassment regulations are coming

Of Dimitris Katsaganis

The “regime” for the submission of the new labor regulations is clarified by a circular of the Ministry of Labor.

It is recalled that the labor law passed in 2021, established the obligation of companies employing more than 20 people to adopt a policy to prevent and combat violence and harassment at work, which states zero tolerance for these forms of behavior and define the rights and obligations of employees and the employer to prevent and deal with such incidents or forms of behavior, as well as a policy for managing internal complaints of incidents of violence and harassment, way to ensure the protection of the victim and respect for human dignity.

These policies are subject to collective bargaining as part of the Collective Bargaining Agreement or the Rules of Procedure or are drawn up by the employer in consultation with the representatives of the most representative trade union or holding company. workers’ organizations and council, after informing the employees and posting the policy plan in the workplace or its notification, in order to receive opinions.

Especially with regard to disciplinary offenses, disciplinary proceedings and disciplinary penalties in the context of or following complaints of incidents of violence and harassment at work, are provided to be a mandatory content of the Rules of Procedure, if any or there is an obligation to prepare such.

According to the transitional provisions of the same law, during the period until the conclusion of a business collective labor agreement, where applicable, or until the drafting or amendment of the labor regulations, where applicable, in order to include policies to combat violence and harassment and management internal complaints, the obligation of the employer is fulfilled with the entry into force of these policies by his own decision taken within three months of the entry into force of the law, after consultation with employees or their representatives.

In case of violation of the above provisions by the employer, relevant administrative sanctions are imposed, with a reasoned decision of the competent body, the content of the policies for the fight against violence and harassment and for the management of internal complaints is defined.

It is noted that an indicative “policy model” is included for the fulfillment of the obligation arising from these provisions.

Regarding the Staff Work Regulations that are drawn up unilaterally by the employer, in order to comply with the mentioned obligations, the companies – employers must:

If they already have an approved Rules of Procedure, to submit to the competent service an application for amendment of their Rules of Procedure with the following attached:

– Responsible statement of the legal representative where the total number of employees employed in the company will be stated and it will be confirmed that there is no employees ‘union or employees’ council in the company

– Money fee,

– Draft amendment of the Regulation, which will include the company’s policy on violence and harassment at work, as well as the disciplinary regulations, with reference to the disciplinary law of the approved Regulation.

– Photocopy of the approved Regulation.

If they are going to submit or have already submitted a Rules of Procedure, but it is currently pending approval, submit or resubmit a Draft Rules which will include the company policy on violence and harassment at work as well as the respective disciplinary measures. settings. It is noted that the submissions of the above Draft Labor Regulations are made competently as follows:

– for private companies in the locally competent Labor Relations Inspection Coordination Departments of the Regional Labor Relations Inspection Directorates.

The local jurisdiction of the CEES is defined based on the location of the company.

– for the companies of the Public sector, the Banks and the Clinics, in the Individual Regulations Department of the Ministry of Labor and Social Affairs, in order to process and ratify them, with the issuance of Joint Ministerial Decisions after the opinion of the Department of Remuneration and Working Conditions in Private Sector of the Supreme Labor Council (SBA)