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The new regime for the recruitment of temporary staff in the public sector

By Dimitris Katsaganis

A new recruitment regime applies from this year for temporary staff in the State, in addition to seasonal.

This staff that will be hired under fixed-term private law contracts has nothing to do with seasonal, but with emergency needs of local governments, ie municipalities and regions, Legal Entities under Public Law and the State in general.

The terms of his recruitment will be more relaxed, as the approval of the committee of the Act of the Council of Ministers 33/2006 will not be required, nor will the procedure concerning the recruitment of seasonal staff, let alone the regular public staff, be observed according to the latest relevant law ( of the Ministry of Foreign Affairs, Mr. Makis Voridis).

Also, fixed-term contracts for emergency coverage in the public sector will be 8 months, but can be renewed for up to 24 months, ie these employees will be able to work for up to 2 years, without applying the provisions of the Presidential Decree. 2004, also known as the “presidential decree of Pavlopoulos” (from the then Ministry of Foreign Affairs and later President of the Republic, Mr. Prokopi Pavlopoulos).

However, it is also excluded for these contractors to convert their contracts into indefinite ones.

Circular

The exact terms of employment of fixed-term staff to cover emergencies of the State are clarified in the yesterday issued by the Secretary General of the Ministry of Interior, Ms. Vivi Charalambogianni.

According to it, the new regime of possibility of public services, of N.P.D.D. and the Local Authorities first and second degree, as well as all legal entities to hire staff with a fixed-term private law employment relationship for a period of up to 8 months to deal with unforeseen and urgent needs due to earthquakes, floods, frosts, fires, other reasons threatening public health and .λπ.

The approval of the Committee of PYS 33/2006 is not required for the realization of the above recruitments.

It is recalled that this Committee consists of the Minister of Interior, the Minister of Economy and Finance and the Secretary General of the Government and is responsible for the appointment and recruitment of staff as well as the conclusion of project contracts is allowed to public bodies. The approval is granted upon a proposal of the competent minister during the procedure of the next article. This approval is also required for the initiation of vacancy notice procedures and for the issuance of all preparatory acts in general for the appointment, recruitment or conclusion of a project contract.

Also, the recruitment of fixed-term staff in the public sector does not require compliance with the procedure and criteria of the Voridis law (Modernization of the recruitment system in the public sector and strengthening of the Supreme Personnel Selection Council (ASEP) and other provisions) for the other recruitments in the public (regular, seasonal staff) in order to immediately address the needs that have arisen.

With the same provisions, in fact, the institutions were given the opportunity to hire extraordinary staff in case the aforementioned urgent and unforeseen needs continue beyond 8 months.

In order for the employment of fixed-term contractors to cover emergencies in the public sector to exceed 8 months, the interested parties should, if they reasonably estimate that their needs will continue beyond 8 months, move in time, at least 30 days before its expiration. the procedure of new recruitments with a private law employment contract for a fixed period of up to 8 months, and for a number approved by the competent body of the recruitment body itself, ie without requiring the approval of the Committee of PYS 33/2006, as in force or of a another instrument.

In addition, new lists of candidates are being prepared, which may include people who have already been employed on contracts, excluding, of course, the conversion of their contract into an indefinite one.

In addition, compliance with the criteria and procedure of the Voridis law is not required.

The provisions of Presidential Decree 164/2004 do not apply to these contracts. Thus, they can be renewed more than 3 times, but without the total working time exceeding 24 months (2 years).

According to this decree (which, however, does not apply to contractors for emergency coverage), successive contracts are drawn up and executed between the same employer and the same employee with the same or similar specialty and with the same similar working conditions, provided that the period between these contracts is less than three months. The drawing up of these contracts is exceptionally allowed, if it is justified by objective reasons. Objective reason exists when the next ones of the original contract are concluded to serve special similar needs that are directly and directly related to the form or the type or the activity of the company.

The conclusion of successive contracts is done in writing and the reasons that justify it are explicitly mentioned in the contract, if they do not arise directly from it. Exceptionally, the written form is not required when the renewal of the contract, due to the occasional nature of the employment, does not last more than one month, unless the written form is expressly provided for by another provision. A copy of the contract is delivered to the employee within 5 working days from the beginning of his employment.

In any case, the number of consecutive contracts may not exceed three.

ASEP, finally, exercises control of the assistance of the conditions of recruitment of the staff and the observance of the defined.

Source: Capital

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