What the Labour Protection Bill provides for

The main points of the Labour Protection Bill, which is being passed today, says a briefing note of the Ministry of Labour and Social Affairs.

According to the briefing note, the bill addresses real, contemporary problems of workers, especially women and young people, restores injustices, abolishes anachronistic regulations and adapts the framework of labour legislation to European best practices.

The main cuts are:

• The implementation of the digital job card, which tackles undeclared work and undeclared overtime.
• The establishment of the Labour Inspectorate as an independent administrative authority.
• The introduction of new leave for parents and carers, such as 14-day leave for young fathers and OAED-subsidised parental leave for both parents.
• The possibility of applying the system of working time arrangements also at the request of the worker.
• The protection of society as a whole from strikes in the common good of the economy by the obligation to provide a guaranteed service (1/3 of the one usually provided).
• The adoption of measures for transparency in trade unionism (possibility for workers to participate remotely, registration of trade unions in registers).
• The prohibition of support for trade union organisations by employers and political parties.
• The prohibition of a secondary or tertiary trade union organisation from re-calling a strike that has been ruled illegal by the judiciary.
• The introduction of civil liability for trade unionists who use violence or generally commit illegal acts during strikes.
• Taking measures, both preventive and repressive, to tackle violence and harassment at work, including by ratifying ILO Convention 190.
• The ratification of Convention 187 of the International Labour Organisation on health and safety at work.
• The introduction of the right to disconnect in teleworking.
• The establishment of a framework of protection and trade union rights for workers on digital platforms.
• An increase in overtime allowances, in line with EU standards.
• The expansion of the sectors allowed to operate on Sundays, in line with the EU countries, especially the Mediterranean countries.
• The extension of the protection of workers from invalid dismissals and the introduction of the possibility of additional (triple) compensation instead of re-employment in other cases.
• The increase of the redundancy payment for manual workers and equalisation with that of employees.
• The upgrade of the “ERGANI” system to reduce the administrative burden for businesses and facilitate controls.

At the same time, the information note provides information in the form of questions and answers on the Labour Protection Bill:

“- The opposition claims that with the new regulations “overtime will be paid with time off…”. What is your answer?

SYRIZA is an industry of lies! In this unfortunate ‘witticism’, he confuses – deliberately, of course – two different things, the organisation of working time and overtime. It is one thing to maintain – and increase – the overtime rates, going to the European average, and another thing to regulate working time, with all its characteristics.

The arrangement is an option, an alternative to overtime, which is valid throughout Europe, is offered by 54% of European companies and was implemented in Greece under SYRIZA. More precisely, it has been in force for 30 years in Greece and has been applied – among others – in OTE, in Alpha Bank, Papastratos, HBI and the hotel sector.

We simply give the worker the opportunity, if it suits him, to ask for it himself, either in companies where there are no unions or for reasons of reconciling his professional and personal life. In other words, to work a little longer, for example, from Monday to Thursday and be paid to sit down on Fridays.

Based on the legislation already in force, in a six-month time frame, the employee would have to work a total of 40 hours per week. The total working time of the employee is therefore not increased, as is the case with overtime.

On the contrary, there is, as the words “working time arrangements” themselves imply, a different arrangement of time within that period (semester or shorter periods), which may not, however, exceed 10 hours per day.

In short, unlike overtime, where the employee’s working hours are increased – and therefore his/her free time is limited – in working time arrangements the employee’s total working time is not increased, but “spread out” differently over the days and weeks, so that the employee can take extra holidays, as already noted, or can be allowed to not work on Friday, having worked more hours on the previous days.

– So overtime is one thing and the arrangement of working time is another…

Exactly. We are talking about two different possibilities for businesses and workers to move to an 8-hour week, but with specific individual arrangements. The criticism of “paying overtime with time off” is funny to say the least. SYRIZA should get serious and explain to us:

Firstly, why did he not, during five years in power, repeal the law on work arrangements, which has been in force for 30 years, if in his view it harms the interests of workers?

Secondly, since it denounces with allegedly holy indignation that “we are introducing the settlement with individual contracts”, let it explain why it signed the relevant EU directive 1158 in 2019, which introduces precisely the logic of individual contracts at the initiative of the employee for the sake of reconciling professional and personal life. We are simply incorporating it into national law. Will SYRIZA vote against what it has signed? Or do they find it annoying that we are not, as the Directive says, limiting ourselves to married couples with children under 8 years old, but are giving this possibility to all workers who want it? So do they mind if married people without children, students, etc. ask for similar arrangements for themselves? If that is the problem, let them at least vote for the Directive they themselves have signed up to!

And thirdly, is it a pro-worker policy, if a worker wants to work a little extra Monday to Thursday, so that he can be paid to see his children on Friday, to prohibit him from doing so? Is this the liberal policy of Syriza and the rest of the opposition?

– Why is it claimed in some quarters that overtime will be paid less?

This is yet another case fake news! How is it possible to reduce the overtime income of a worker who, until now, had a maximum overtime limit of 96 hours per year (in industry), but can now work up to 150 hours per year?

If these “circles” refer to overtime of more than 96 hours in industry or 120 hours in services, they obviously forget to note that this was undeclared, undeclared work. To get paid in these cases, the worker had to either report it or the ACA had to intervene. In our case, in addition to the increase in the overtime limit, i.e. the money that the employee ultimately puts in his pocket, it is envisaged that precisely these undeclared overtime hours will not be paid with an 80% increase, as was the case until now, but with 120%!- SYRIZA has also claimed that “the 8-hour workday is abolished”.

We’re talking about a comedic claim. Who could possibly believe that it would be possible to abolish the 8-hour day in an EU country? There are clear provisions in the European Social Charter. And even clearer provisions in the Bill itself (Article 55); the 8-hour day was, is and will remain enshrined in law. But the main problem in the Greek labour market is the implementation of any legislation. In other words, the 8-hour week is in practice very often violated. And the same is true of overtime and overtime work, which too often goes unpaid to the worker.

The Labour Protection Bill aims to further protect the 8-hour, 40-hour and five-day working week, with the Digital Labour Card (which aims precisely to tackle undeclared work and undeclared overtime) and the independent Labour Inspectorate, which will more effectively monitor compliance with labour legislation.

– You mentioned the Digital Job Card as a measure to shield the 8-hour week. How will it work?

We are adopting the Digital Job Card, which is a guarantee for the observance of the employee’s working hours, but also to avoid unfair competition between companies. It is a modern digital mechanism that will be funded by the Recovery Fund and will be promoted in cooperation with the Ministry of Digital Governance. It will be applied according to the specificity of each job.

The system will be implemented in three steps as follows:

Α. In a first phase, within the year, employees will have electronic access to all the information recorded in the ERGANI system concerning their working life.

Β. By the beginning of 2022, the “matrix” of the job card will be ready, i.e. the electronic system that will receive the information that employees and employers will digitally enter.

Γ. Within the first half of 2022, the implementation of the Digital Job Card will be launched, with monitoring of real employment in specific sectors of the economy.

Through the Digital Job Card, real overtime work, which until now has been undeclared and unpaid, will be monitored and paid. With the combination of the Digital Labour Card and the Labour Inspectorate’s controls, in case of illegal overtime ceilings being exceeded, employers will be obliged to pay significant surcharges on their employees’ hourly wages, as mentioned above.

– How will employers be controlled more effectively through the Labour Inspectorate?

The Labour Inspectorate (SEPE) is replaced by the Labour Inspectorate, which will be an Independent Authority. It is a model that has been successfully applied for example in the case of the AADE and excludes any possible political interference in the control of the labour market.

The Labour Inspectorate will have functional independence, administrative and financial autonomy and will exercise the responsibilities that, until now, the SEPE has exercised: control of the application of labour legislation, investigation of insurance coverage and illegal employment of workers, reconciliation and resolution of labour disputes.

It is indicative of the low quality of the criticism that the opposition insists on the supervision of the SEPE by the political leadership of the Ministry of Labour, which it otherwise accuses of “galleys” and “labour rollers”.

– The GSEE refers to the measures on strikes as “obstruction of the right to strike”. What’s up?

The right to strike is enshrined in all countries of the European Union, it is enshrined in our Constitution and it is self-evidently enshrined in the Labour Protection Bill. The new arrangements aim to respect the rules of justice and ensure that trade union pressure is directed against the government and the employer and not against society as a whole.

In particular, it is stipulated that if a strike declared by a primary trade union organisation is deemed illegal, a strike on the same issue may not be declared by the corresponding secondary or tertiary trade union organisation.

We are introducing this regulation in order to avoid a repetition of incidents such as the one that recently occurred in the Athens metro. One of the many unions called a strike, in which a few dozen employees participated, the metro stopped and hundreds of thousands of Athenians were inconvenienced. The same happened last Thursday at the port of Piraeus. Is it respectful of justice and society as a whole for a strike declared illegal and abusive by a court to be immediately reopened by an appellate or tertiary body?

For the same reason, we also provide for civil liability for trade unionists who commit illegal acts during a strike. Not, of course, of all the trade unionists in the organisation, but of those who break the law, because one thing is a strike and another is a lawlessness. The practice of essentially circumventing the laws and justice is a practice that is ultimately offensive to society and institutions itself.

As for the regulation for public utilities (metro, shipping, waste, etc.) to provide 1/3 of the service during strikes, we can only cite a regulation in force in France, Belgium, Australia, Canada, etc.

– You talk about measures to bring transparency to trade unionism, but trade unions accuse you of obstructing the right to vote. How do you answer?

We all remember the beatings at the recent GSEE congress, but also the trade unionists’ own complaints about lack of transparency. We introduce clear rules that bring transparency and enhance the credibility of trade unionism.

Some trade unionists may be annoyed by the introduction of electronic registers, electronic voting and general transparency measures in trade unionism.

In addition, it is stipulated that trade union protection will be at the level of that of pregnant women, because it is currently even stronger. In addition, we abolish the funding of trade unions by employers (private or public) and by political parties. If that is their problem, they would be more honest to admit it.

– What will be the new redundancy regime?

The list of cases of invalid dismissal is extended, leading to the employee’s return to work and the payment of arrears for the period from dismissal to re-employment.

Specifically, the dismissals are added to the invalid ones:

• To exercise rights in case of violence and harassment.
• The father of the child for 6 months from the birth of the child.
• Employees who have taken or requested any leave.
• Employees who did not bow to employer pressure to submit a settlement request.
• Teleworkers who have exercised the right to disconnect.
• Dismissal for exercising a right, e.g. taking leave, is also prohibited.

The existing cases of invalidity remain (e.g. dismissal due to unfavourable discrimination on the grounds of gender, beliefs, sexual orientation, disability, trade union activity, refusal of a proposal for an arrangement of working time, etc.).

In two main cases, when there is tension in employer-employee relations or the company is facing serious financial problems, there is a possibility of additional (three times) compensation instead of rehiring. It is a regulation that is in force in France and Spain, it is not a Greek patent.

So let those who criticise answer two questions: First: is it reasonable that an employer and employee, while having tension in their relationship, should be forced to cooperate with each other at all costs? And secondly, the French and even more so the Spanish government, which includes the Podemos, do they have a reduced social sensitivity?

Finally, the bill satisfies a long-standing and fair demand and equates the redundancy payments of workers, which, until now, were calculated at a few days’ wages, with those of employees, equivalent to up to 12 months’ wages.

– You argue that the bill helps to reconcile personal and professional life. How?

We are introducing regulations – with a number of new leaves at the centre – that contribute to equal treatment of men and women, remove or at least weaken the disincentives for hiring women, and help reconcile personal, family and professional life. We establish: Paternity leave: 14 days with pay compared to 10 days under the Directive and 2 days under the current Directive.

Protection of the new father against dismissal for 6 months after the birth of the child. The protection of pregnant and working mothers remains in place for 18 months after childbirth.

Parental leave of 4 months for each parent with a subsidy for the first time from OAED for the 2 months.

Right to flexible arrangements (e.g. teleworking, flexible working hours, part-time work) for parents and carers under Directive 1158/2019.

Absence 2 days per year with pay for reasons of force majeure.

Carer’s leave for relatives or companions with a serious health problem 5 days per year.

Extension of the 9-week maternity leave, after birth, to the adoption of a child.

Extension of the special maternity protection leave of 6 months with subsidy from the Employment Agency to the adoption of a child.

Extension of reduced working hours (childcare leave) to a mother who has had a child through surrogacy.

They are also extended, in agreement with the Ministry of Agriculture, Forestry, Environment and Water Management. Interior, and to public sector personnel to whom labour law applies, including, inter alia, employees with a private fixed-term employment relationship (PPL), the following leaves:

α. Special maternity protection permit (6 months subsidized by OAED) and

β. 7-day assisted reproductive leave with pay.

In addition, the 4-day leave for monitoring school performance is extended to children attending Special Schools and Special Facilities for People with Special Needs, while applications from parents of children with disabilities for parental leave are prioritised.

– How are workers protected in the new conditions of teleworking? What is the right to disconnect?

It is clarified that teleworking is implemented after agreement between employers and employees. It may be applied by decision of the employer only for reasons of public health protection or at the request of the worker in the event of a health risk. It is stipulated that the employer bears the cost of equipment for teleworking (acquisition, maintenance, restoration) and communications.

The “right to disconnect” is established, i.e. the right of every worker to refrain from providing work by telephone or electronically, outside agreed working hours and during his/her holidays.

In this way, the 8-hour working day and the five-day working day are protected in practice and the emphasis is placed on the balance between personal and professional life. Greece becomes one of the first EU and OECD countries, after France and Italy, to legislate on the recognition of this right and the adoption of measures in this regard.

– What about Sundays?

Greece adds to the exceptions already in force to the general rule banning work on Sundays (restaurants, cafes, shops in tourist areas, etc.) some additional sectors, such as warehouses, restaurants, cafes, shops in tourist areas, etc. logistics, data centres, pharmaceutical companies, nursing equipment manufacturers, customer service call centres, but also extracurricular activities, etc.

This is done on the one hand to serve the needs of society and on the other hand to combat “black” labour, as in many cases businesses are forced to operate on Sundays without being able to officially “show” their employees. Work on Sunday will be paid at a 75% premium, with the right to be given a compensatory rest day the following week. We will continue to have a regime of more bans on working on Sundays than most European countries.

– How workers on digital platforms are protected (delivery, courier, etc.)?

The bill establishes a framework for the protection of workers and employees on collaborative digital platforms, following international best practices.

Under the regulation, employees with independent service/work contracts acquire rights similar to those of employees with dependent employment contracts. In particular, it is envisaged that platforms will have the same welfare, health and safety obligations that apply to dependent employment contracts. In addition, trade union rights are foreseen for natural persons linked to these platforms, who will be able to set up organisations, negotiate and conclude collective agreements, as well as strike.

– What measures are being introduced to combat violence and harassment in the workplace?

Greece is one of the first countries to ratify Convention 190 of the International Labour Organisation.

The regulations, which introduce, among others:

• We extend the existing protection (which treats harassment as a form of discrimination) and add violence to the behaviours that are punishable (mobbing).
• We even refer to job seekers and volunteers as protected persons, covering now all legal employment relationships (including block workers, third party staff, lawyers, apprentices).
• We establish the employer’s obligation (and therefore the right to control it) to prevent, stop and deal with incidents of violence or harassment, to inform workers of the risks, measures, obligations and rights, to accompany the public authorities in dealing with relevant complaints.
• We require companies employing more than 20 people to adopt a company policy on violence and harassment in the company’s collective agreement or, in any case, by employer decision.
• If an incident occurs, the employer is obliged to take measures within the framework of industrial relations to stop it (e.g. transfer, termination of employment). If the employer fails to take measures or if they are inadequate, the person concerned may inform the employer and leave work for a reasonable period of time if he or she faces a risk to life or health.
• Dismissal, as well as any unfavourable treatment of the complainant or witness, is prohibited. In administrative and judicial proceedings (except in criminal courts) the burden of proof is reversed and the complainant is required to prove that the relevant circumstances did not exist.
• The Equality Mark in business is strengthened – it is extended to policies to combat violence and harassment at work,” the briefing note says.