The planning of the Ministry of Labor and Social Safety to increase the Digital Work Card to all areas {of professional} exercise is progressing unabated.
After the implementation of the measure in banks, massive supermarkets, insurance coverage firms, safety firms and DEKO, the Digital Work Card is put into full impact from July 1, 2024, in retail commerce and business, which have already joined the measure since January 1, 2024. Primarily based on the planning, from the Fall of 2024, the Digital Work Card is anticipated to be prolonged to the tourism and meals industries.
Chatting with APE-MPE, the Minister of Labor and Social Safety, Niki Kerameosdeclares that the complete implementation of the Digital Work Card within the business and retail sectors constitutes an essential step for on a regular basis working life in our nation and the right software of labor regulation.
As he states, “inside a enterprise atmosphere, which is experiencing important development, it is very important defend the rights of workers, bettering their each day working life and guaranteeing the complete cost of their accruals, whereas guaranteeing wholesome circumstances of competitors between companies. With the Digital Work Card, phenomena of undeclared and implied work and tax evasion are combated, which primarily have an effect on workers and constant companies and undermine the viability of the nation’s insurance coverage system. The measure is already efficiently utilized to workers of banks, massive supermarkets, insurance coverage firms, safety firms and DEKO and goes to be steadily prolonged to all companies within the nation”.
What applies to the Digital Work Card
Now, the businesses in query are required to have and activate a Digital Work Card system for all their workers, with a dependent work relationship, who’re employed with a bodily presence within the firm’s place of employment, together with the workers employed within the above firms, by borrowing.
With the Digital Work Card, monitoring of actual working time is ensured, combating the abusive insurance policies of undeclared time beyond regulation and unlawful modifications and excesses of working time.
Thus, if through the management it’s discovered that the worker has began his employment within the constructing services of his employer, with out being marked with the Digital Work Card, administrative fines and sanctions are imposed by the Labor Inspectors.
The identical will occur, whether it is discovered that the worker has a “false” marking of his Card, with which he allegedly declares his departure from the corporate, whereas, in actual fact, he’s nonetheless working, finishing up undeclared time beyond regulation work.
In keeping with the Ministry of Labour, its common software has a number of advantages for the labor market, because it ensures staff’ rights, strengthens wholesome competitors and ensures the sustainability of the insurance coverage system.
On the identical time, the usage of the Digital Work Card, along with transparency in working time, which ends up in the right and authorized wages, concurrently simplifies the promoting procedures within the “ERGANI II” Data System.
Thus, for any employer who’s topic to the obligatory software of the Digital Work Card, he’ll, from 1/7/2024, have the likelihood to decide on the accounting system for saying modifications in hours, time beyond regulation and the group of working time.
Particularly, with article 22 of Legislation 5053/2023, the likelihood was launched for companies which have joined the Digital Work Card Mechanism, in the event that they so want, to not register prematurely the modifications or modification of the working hours or the group of working time or time beyond regulation work, earlier than the beginning of their implementation, thus eradicating a big bureaucratic burden.
The obligations of firms
Subsequently, if firms make use of this selection, they’re obliged to:
a) To state by the final day of the present calendar month within the “digital declaration of alternative of pre-announcement or reporting system for registering modifications in hours, group of working time and time beyond regulation” that, for the next month, they select to register modifications in working hours or group of working time and time beyond regulation, calculated throughout the identical month.
b) To register the related modifications till the top of the following calendar month from the month of their implementation.
Companies which have compulsorily joined the applying of the Digital Labor Card can solely select a special system every month (both pre-announcement or reporting). Nevertheless, the mixed software of the 2 techniques throughout the identical month is just not allowed.
Within the case of an accounting assertion, an preliminary pre-announcement planning of the group of the workers’ working time by the businesses is required (e.g. on a weekly or month-to-month foundation).
It’s comprehensible that firms/employers who’ve chosen the reporting system have the likelihood, if they want, to return to the pre-announcement system, however they are going to nonetheless should enter the “ERGANI II” Data System and declare it, earlier than the beginning of the calendar month through which they need to return to the pre-announcement course of.
In any case, this accounting chance is just not given for all different companies that haven’t but joined the obligatory software of the Digital Work Card and, subsequently, will proceed to obligatorily declare modifications in working time by way of schedules and group, in addition to time beyond regulation.
The customers of the accounting system should be cautious, since, within the occasion of a discrepancy between the precise employment and the related marking on the Card, the legally prescribed superb is imposed on the employer for every worker whose Digital Card can’t be matched as above.
Circumstances of justified non-marking on the Digital Work Card
As identified within the round of the Ministry of Labor dated 21/6/2024, though the marking of the Digital Labor Card is an obligation of all workers who’re employed with a bodily presence within the office of the corporate, there are circumstances the place the non-marking is taken into account justified and, in in case of management by the Labor Inspectors, it doesn’t end in sanctions.
These circumstances are specified as follows:
I. Teleworkers
At this time stage, the Digital Work Card Mechanism applies solely to workers with a bodily presence within the space the place the corporate has its constructing services and, subsequently, teleworking workers don’t but have an obligation to mark the Digital Card through the days they work with the precise system of organizing working time.
Subsequently, if the corporate has submitted a declaration of digital group of working time, through which, throughout a selected time interval or on particular working days throughout the week, the workers seem to work remotely, the non-marking of their Card, through the particular time interval or throughout on the desired working days throughout the week, is taken into account justified and doesn’t entail penalties.
Nevertheless, there may be additionally the case the place some workers want to work in bodily presence for a sure interval of a day and telework throughout the remainder of the identical day.
The “ERGANI II” Data System permits for a number of designations throughout the identical day for the case the place somebody doesn’t begin or full their work on the identical place of employment.
On this case, if e.g. an worker begins working remotely and completes his work in bodily presence on the firm’s place of job or vice versa, he should mark the Digital Card when coming into and leaving the place of job in bodily presence.
II. Particular classes of staff with a non-fixed place of employment, which modifications repeatedly through the day
There are specific classes of staff who, based mostly on the character of their work (e.g. medical guests, gross sales inspectors, touring salesmen, technicians, drivers, staff who go to their employer’s clients, advertisers, and so on.), wouldn’t have a hard and fast place employment, however are pressured to maneuver often from one place of employment to a different through the day.
Given the target problem that exists in marking the Digital Card of mentioned workers at each level the place they might be through the efficiency of their duties, it’s applicable to deal with them in the identical means as telecommuting workers.
Subsequently, the precise classes of workers won’t have an obligation to mark the Digital Card through the days they work exterior the corporate’s mounted place of employment and transfer often and throughout the identical day from one level to a different.
On this case, through which there isn’t a Card marking in the beginning and/or on the finish of the employment of those workers with a bodily presence within the constructing services of the corporate, the working hours for the precise day will likely be presumed to be those declared within the P.S. “TOOL II” each day working hours and never marking their Card through the specified working days throughout the week will likely be thought of justified and won’t incur penalties.
If the workers in query discover themselves employed at some extent exterior their mounted place of job and so as to have the ability to show that the non-marking of the Digital Card at their clients’ premises is taken into account justified, they need to convey with them a duplicate of their employment contract, as and a duplicate of the employees checklist, from which not solely their employer could be discovered, but additionally their specialty and place of employment and, thus, the opportunity of not marking their Digital Card could be deduced.
Quite the opposite, if the workers of the mentioned classes have a hard and fast place of job exterior the constructing services of the corporate/employer, however in an area allotted to the corporate/employer for its unique use, by a lease, e.g. salespeople of a selected firm who work completely in a shop-in-a-shop of one other firm, technicians of an organization who present their providers completely on the headquarters of one other firm, however in an area that has been leased and is used solely by their firm/employer, then the duty of marking the Digital Card for these classes of workers is just not lifted and they’re obliged to mark the Card within the place the place they constantly present their providers.
If the mentioned workers are discovered to be employed in bodily presence both on the mounted place of employment of their firm/employer or at a hard and fast place of employment exterior the premises of the corporate/employer, they should have their Card marked.
In any other case, sanctions will likely be imposed by the Labor Inspectorate.
III. Managers
Staff who maintain a supervisory or managerial or confidential place are usually registered within the means of digital group of working time.
For these workers, it’s required to submit a declaration of change of employment relationship data-organization of working time, in addition to to fill in: Digital group of working time: (YES)-Work Card: (YES), however a digital timetable and start-end declaration are usually not required Digital Card.
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