On 28 December 2023, Ministerial Decision No 113169/2023 ("The Decision") by the Ministry of Labor and Social Security was published in the Government Gazette. The Decision regulates specific issues in relation mainly to the Digital Work Card, a scheme established in Greece by Law 4808/2021, and focuses on details regarding the application of Law 5053/2023, which entered into force a few months ago.
The three main Chapters of the Decision are as follows:
Chapter A: As of January 1st, most of the enterprises belonging to the industrial and retail sector must implement the Digital Work Card system. However, the Decision provides for a period of adaptation, since the competent administrative authorities will not impose any fines for omissions, violations, and generally incorrect implementation of the new scheme until 1.4.2024 for the industrial sector, until 2.5.2024 for the retail sector, and until 13.5.2024 for businesses with less than 10 employees.
Chapter B: As of March 1st, the monthly remuneration limits, on the basis of which an employee can qualify as a managing employee, are reduced.
We kindly note that managing employees are not subject to the provisions on work time limits.
Chapter C: For the implementation of provisions of recent Law 5053/2023, amendments are introduced regarding the declarations in the Information System ERGANI. It is clarified how the new optional system for declaring the changes of work program and overtime is going to be implemented. Additionally, the Decision provides for further requirements in relation to presumed employee's resignation in case of unjustified absence, and the details that need to be submitted to IS ERGANI in case of occupation on the sixth day of the week. Lastly, the basic working conditions form and the template employment contract are listed in the Decision, as mentioned in Article 21 of Law 5053/2023.
Originally published on 20 January, 2024
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