The draft law of the Ministry of Labor provides “tools” through flexible hours to meet the needs of both employees and businesses, and it has been put to public consultation.

At the same time, express hirings and one-click resignations are central points of the simplification of procedures so that “paperwork” is replaced by digital operation.

Important is the provision for the arrangement of working time on a weekly, monthly, or even yearly basis, which allows greater freedoms for employees, for example the possibility for a working parent to work 4 days a week and be with their child on the 5th day throughout the year, and not only for six months as applies today.

In addition, it is provided:
a) the possibility for the employee to be employed in part-time work – if they so wish – in overtime with pay increased by 40% (e.g. in 4-day work per week),
b) the possibility to work up to 13 hours a day (by exception) for one employer with a 40% increase in pay.

The use of flexible hours, as the leadership of the Ministry of Labor categorically emphasizes, in no case overturns the rights of employees for the 8-hour day and 40-hour week, which on the contrary are strengthened through the use of the digital work card. The prerequisite is the consent of the employee and the observance of the provisions of the law regarding daily rest time (11 hours), weekly working time (40 hours), as well as the increase of wages. In the event that any hours of additional work and lawful overtime are taken into account, with a 40% increase in pay, the above average may not exceed 48 hours per week, at a maximum over 4 months.

Refusal of overtime by the employee will be considered an unacceptable reason for the termination of a contract by the employer and will be rejected by the competent services of the Ministry of Labor.

The aim is to provide a counterbalance to the extension of overtime by one hour, which under conditions could amount to up to 13 hours of work for the same employer. In combination, it will be explicitly stated that for the 13-hour day to be applied there must necessarily be a break within the first 8 hours of work.

Until today, beyond the 8-hour day, the 9th hour of work is institutionalized, which is considered additional work, plus three extra hours, up to the 12th, which are considered overtime. Henceforth, there will be four extra hours that can be added to the daily schedule, to produce the upper limit of 13 working hours. In any case, the draft law will stipulate that the 48 hours of overtime in a four-month period and the 150 hours of overtime annually, as a maximum allowable limit, are maintained. The wage increases, both in terms of additional work and overtime, are maintained.

More in detail:

1. Acceleration of hirings: From now on, the declaration of hiring will be able to be completed with the use of only one document, instead of four as is the case until now. Fast-track hiring will be possible, through a mobile app, for urgent needs of the enterprise, for work up to two days. In addition, a centralized digital file for the employee is created, as well as the possibility of notifications through myErgani. For the first time, an application for mobile phones will be activated for employers, corresponding to myErgani for employees, for the management of all matters of employment relations.
2. Reduction of bureaucracy: Forms that contain information already submitted electronically are abolished. In this category fall the leave book, the annual leave schedule (E11), and the annual staff table (E4). Practical issues of the implementation of the Digital Card are settled. The possibility of flexible arrival up to 120 minutes, upon agreement, will be provided; preparation time will be established (30 minutes in industry, 10 minutes in other sectors), and three “single” markings per month will be allowed, without penalty. At the same time, when it is found that, after the use of the Digital Card, a reduction in wages occurred, this will be considered a unilateral harmful modification against the employee and will not apply. The obligation of the employer to keep in printed form documents that exist electronically, and to attach unnecessary files in ERGANI II, is abolished.
3. Part-time work: Overtime will be permitted with a 40% increase in the hourly wage even in such cases.
4. Four-day workweek: This specific right is granted for the whole year, with employer–employee agreement. Also, the employee will be able to declare their voluntary resignation from an enterprise in ERGANI II. With a separate provision, unified recognition of insurance time for maternity and childbirth allowance will be permitted. Thus, a minimum time of insurance in a single fund will not be required, and mothers who have changed jobs will also be entitled to the allowance.
5. Vacation leave: There will be the possibility of different distribution of annual leave, again by agreement of the two parties (e.g. one week per period). The parental leave allowance is established as tax-free, non-transferable, and non-seizable.
6. Health and Safety at Work: The threshold of employees below which the employer can perform the duties of safety technician themselves is reduced from 50 to 20. The instructions of the occupational doctor and the safety technician must be recorded exclusively in writing, and the book of instructions will be kept in electronic form. The presence of health and safety coordinators in technical projects, depending on their size, will become mandatory, to prevent work accidents. The classification of enterprises into risk categories, as well as the specialties of safety technicians, will be updated. The recording of occupational diseases will be upgraded with the establishment of relevant recognition criteria. The Integrated Information System “Iridanos” will be created for documentation and monitoring of health and safety issues in workplaces. In this context, three international acts of the International Labour Organization (ILO) will be incorporated: Convention 155 on occupational safety and health and the working environment, Convention 191 which establishes that health and safety at work are a fundamental right, and the 2014 Protocol to Convention 29 for strengthening protection against forced or compulsory labor.
7. Insurance provisions: The exemption of wage increases from insurance contributions for additional work, overtime, night shifts, and holidays is extended to increases provided for by Collective Agreements and those voluntarily offered by the employer. Specifically for working pensioners, when they are entitled to an increase in their pension, the additional benefit will not be taken into account in the calculation of the coefficient for the Solidarity Contribution (EAS).

The main axes in detail
The bill of the Ministry of Labor and Social Security entitled “Fair Work for All: Simplification of Legislation – Support for the Worker – Protection in Practice” has been put to public consultation until Friday, September 19.

According to the Ministry’s announcement, the bill consists of 8 axes and its aim is the modernization of the labor framework, the simplification of procedures, the reduction of bureaucracy, the support of employees through the safeguarding of their rights, the strengthening of their labor safety, the facilitation of businesses, as well as the shaping of a transparent and modern labor environment.

In its formation, a multitude of improvement proposals by employees, businesses, and all national social partners were taken into account, with whom in fact a fruitful round of extensive dialogue preceded, during which relevant opinions and observations were recorded.

Specifically:

First axis – Easy and fast hirings:

• Completion of hiring declaration with one document, instead of four.
• Digital employee file and notifications in myErgani.
• myErgani-type app also for employers.
• Fast track hiring via mobile for work up to 2 days.

Second axis – Reduction of bureaucracy:

• Forms such as leave book are abolished.
• Printed form no longer required for documents kept electronically.
• Policies for prevention of violence, harassment, and internal complaints are unified.
• Digital Work Card:
  • Flexible arrival ±120’
  • Preparation time secured.

Third axis – Modernization of labor provisions:

• Possibility of overtime also in part-time work, with the lawful 40% increases.
• Extension of the possibility of working up to 13 hours per day, which already applies to 2 employers, also to the same employer, with strict observance of all limits of employment and rest.

Fourth axis – Strengthening of employees:

• Possibility of four-day work all year, e.g. for parents.
• Extension of maternity/childbirth allowance also in cases of employment with more than one employer.
• The parental allowance becomes non-seizable, tax-free, and non-transferable.
• Greater freedom for the employee’s request for the distribution of annual leave.
• Protection from possible reduction of wages after the Digital Card – considered harmful modification.

Fifth axis – Strengthening of Health and Safety at Work:

• Instructions of Occupational Doctor & Safety Technician are now recorded only in writing and electronically, for greater protection.
• Mandatory presence of safety coordinators in significant technical projects.
• Provision for first aid seminars for employees.
• Recording of occupational diseases is upgraded.
• Creation of Integrated System “IRIDANOS.”

Sixth axis – Harmonization with the International Labour Organization conventions on Work:

• The bill ratifies three important international acts of the International Labour Organization, strengthening the country’s compliance with global standards.

Seventh axis – Functional strengthening of the Labor Inspectorate:

• Penalties for acts of violence or obstruction of inspections are toughened.
• The framework of overnight expenses for more inspections is modernized.
• Services and structures are reinforced.

Eighth axis – Social security provisions:

• The exemption of increases from insurance contributions for additional work, overtime, night work, and holidays is extended also to increases of additional work, overtime, night work, and holidays provided for by Collective Labor Agreements as well as to increases granted voluntarily by the employer.
• When the working pensioner is entitled to an increase in their pension, the additional benefit will not lead to an increase in the coefficient of the Solidarity Contribution of Pensioners (EAS).
• The possibility of postal voting in pensioners’ organizations is given.

The relevant observations that will be submitted will be taken into account for the final shaping of the draft law text, which will then be introduced to Parliament for discussion and voting.