10.6092/issn.1561-8048/10785
Greece has introduced new extraordinary regulations and measures through a fast-track legislative process with the involvement of a group of scientific (medical) experts in order to address the emergency challenges from the spread and impact of COVID-19 on the labour market and social protection. School closures, lockdown and interruption of business operations were put into place having serious effects on employment, health and safety, caregiving duties and vulnerable workers.
application/pdf
1561-8048
10785
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en
Effrosyni Bakirtzi
Italian Labour Law e-Journal
Business reorganization
COVID-19 and Labour Law: Greece
Text.Serial.Journal
https://illej.unibo.it/
13
National Reports
2020-04-15
2020-04-14
2020-04-15
2020-09-15
ILLeJ
Effrosyni Bakirtzi
2020/04/15
10.6092/issn.1561-8048/10785
University of Kassel and University of Applied Sciences Fulda
1561-8048
1S
Business reorganization
en
COVID-19 and Labour Law: Greece
https://illej.unibo.it/article/download/10785/10693
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COVID-19 and Labour Law: Greece                                                     Italian Labour Law e-Journal
Effrosyni Bakirtzi                                                                 Special Issue 1, Vol. 13 (2020)
effrosyni.bakirtzi@sk.hs-fulda.de                                    Covid-19 and Labour Law. A Global Review
                                                                                                 ISSN 1561-8048
                                                                  https://doi.org/10.6092/issn.1561-8048/10785




                   COVID-19 and Labour Law: Greece
                         Effrosyni Bakirtzi*

                                                  Abstract
     Greece has introduced new extraordinary regulations and measures through a fast-track
     legislative process with the involvement of a group of scientific (medical) experts in order to
     address the emergency challenges from the spread and impact of COVID-19 on the labour
     market and social protection. School closures, lockdown and interruption of business
     operations were put into place having serious effects on employment, health and safety,
     caregiving duties and vulnerable workers.

     Keywords: Covid-19; Labour Law; Parental leave; Remote work; Business reorganization.




     In the aftermath of the economic and financial crisis and in the middle of new migration
 waves and pressure coming from its neighbouring country, Greece was called upon to deal
 with the current outbreak of COVID-19.
     Since the beginning of the spread of COVID-19 in Europe, the Greek government has
 been following closely the developments. Due to the geographical proximity to Italy which
 has been hit hard by the current health crisis, Greece was one of the first countries
 adopting restrictive measures at an early stage of the COVID-19 spread. The intensity of
 the measures has increased gradually and, since the health crisis is still ongoing, at this point
 it is not possible to predict with certainty the further steps and outcome of this exceptional
 situation.
     The Greek government made use of an extraordinary procedure of a fast-track
 legislative process enabling the executive power to legislate in cases of emergency without
 the prior consultation with the parliament1. The measures were adopted upon consultation
 with a team of experts.
     As a first response to the COVID-19 spread, on 5 March 2020 some facilities in certain
 areas of Greece have been closed due to confirmed cases of COVID-19 infections. From
 that point on, nationwide measures have been continuously re-evaluated. The closure of all
 schools and educational facilities has been decided nationwide as a preventive measure. For

 *
   LL.M. (Thessaloniki), LL.M. (Frankfurt). Doctoral Fellow at University of Kassel and University of Applied
 Sciences Fulda, Germany.
 1 This procedure is provided for in Article 44 paragraph 1 of the Greek Constitution. The first three Acts of

 Legislative Content that have been adopted through this procedure, are now ratified by Law No 4682/2020 –
 Government Gazette 46/A/3 April 2020.
    Effrosyni Bakirtzi                                                              Italian Labour Law e-Journal
                                                                                   Special Issue 1, Vol. 13 (2020)
                                                                      Covid-19 and Labour Law. A Global Review
                                                                                        Section: National Reports




parents working both in the private and public sector and affected by school closures, a
parental leave of special cause has been regulated2.
    In addition, social distancing measures, especially for vulnerable groups, and bans on
flights to and from Italy were foreseen then. However, the rapid spread of COVID-19
brought more restrictive measures: lockdown and interruption of business operations were
decided the following days3. Due to the lockdown, the use of remote work has been
encouraged4. However, the introduction of remote work5 for businesses without the
necessary equipment and know-how, may raise certain issues regarding, for example, the
working time, the quality of work or privacy given the limited regulatory framework
regarding telework in Greece.
    To begin with, the interruption of business operations in Greece had an impact on the
employment contracts of the employees. On 13 March 2020 several business operations
have been suspended and closed by act of the State in order to avoid the spread of
COVID-19. For these businesses the employers cannot accept the work of the employees
for reasons of force majeure. The employment contracts of the employees in these businesses
are suspended de facto and automatically for an initial period of 45 days which may be
prolonged. The employer is not obliged to pay their salaries. Moreover, the employees will
be entitled to a so-called compensation of special cause6. This ad hoc State financial support
amounts to 800 Euros and substitutes the lost income during the suspension of
employment contracts. This amount is not taxable, not subject to social security
contributions and seizure. Thus, it is protected as a safety net for the needs of those
compulsorily affected by the restrictive measures. In addition, during the period of
suspension of contracts, the social security relationship is also suspended, and no social
security contributions are due. Nevertheless, the entitlements to benefits are not affected.
During the period of suspension of contracts and for a period equally long after the end of
the suspension, the employees cannot be dismissed. If they are dismissed, their dismissal is
null and void ex lege7. However, the nullity must be claimed before the competent court
within a period of three months8.
    Some issues that have not been addressed so far regard the fixed term contracts that
expire during the period of suspension of contracts and the applicable provisions in case of
multiple employment relationships, i.e. part-time employment contracts with more than
one employer.
    Moreover, the restrictive measures (lockdown and increased risks for health and safety)
had an impact on the operations of businesses which were not closed by the State, but they

2 Article 4 (for private sector) and 5 (for public sector) of the Act of Legislative Content of 11 March 2020
(A’ 55).
3 Due to the length requirements for the publication of the papers in this special issue, the examination of the

measures is not exhaustive and references to special ministerial decisions are not included.
4 Remote work is introduced without the agreement of the employee. Article 4 paragraph 2 of the Act of

Legislative Content of 11 March 2020 (A’ 55).
5 The main form of remote work in Greece is telework.
6 Article 13 of the Act of Legislative Content of 14 March 2020 (A’ 64).
7
  Article 11 of the Act of Legislative Content of 20 March 2020 (A’ 68).
8 This period is also extended due to the decision of suspension of the work of courts during the period of

emergency. See Article 11 of the Act of Legislative Content of 11 March 2020 (A’ 55).

https://doi.org/10.6092/issn.1561-8048/10785                                                                     2
     Effrosyni Bakirtzi                                                           Italian Labour Law e-Journal
                                                                                 Special Issue 1, Vol. 13 (2020)
                                                                    Covid-19 and Labour Law. A Global Review
                                                                                      Section: National Reports




may be affected by these restrictive measures. For this purpose, the State allows for some
possibilities for these businesses in order to mitigate the effects suffered. First, the
employers have the possibility to suspend the employment contracts of certain employees,
part or all of them. The decision of suspension is irrevocable. In addition, this suspension
is not automatic, but the employees must be informed within the same day of the decision
for the suspension. The period of suspension for each employee must be continuous,
meaning that it should not be interrupted. For the duration of the suspension and for an
equally long period after the end of the suspension, no employee can be dismissed legally.
The same regulations described above (social security relationship, non-payment of the
salary, payment of the ad hoc State financial support) are applicable in this case as well.
    A second possibility given to the affected businesses is the introduction of a safe
operation status9 where the working time of employees will be reduced, but not below
from a minimum threshold per month (at least two weeks each calendar month) during a
maximum period of six months. The employer decides unilaterally on the introduction of
this type of work10. During this measure, the employer cannot dismiss any employees.
    This second possibility can be combined with another third possibility, the transfer of
employees to another business belonging to the same group of companies11. This ex lege
“borrowing” of employees does not require the previous employee’s consent. The
conditions of employment do not change, and no dismissals are permissible during this
transfer. This measure can also be combined with the suspension of employment contracts
of certain employees. These three possibilities grant flexibility to businesses in view of the
difficulties faced by the current health crisis.
    Additional measures of social policy, include some measures of social relief, such as a
reduction of the rent for primary residence or business lease (by 40%) for the months
March and April 202012.
    Especially vulnerable employees who suffer from certain health problems are entitled to
special absence leave13.
    The payment of disability benefits is extended ex lege for three months because the
meetings of health committees for disability issues, which usually decide upon the
continuation of the payment of benefits, are suspended during the period of emergency14.
Similar provisions are valid for guaranteed minimum income, housing benefits15 and
unemployment benefits16.
    In addition, targeted measures for the economic relief for self-employed persons include
the financing of distance training covering an amount of 600 Euros.



9
  Article 9 of the Act of Legislative Content of 20 March 2020 (A’ 68).
10 Under normal circumstances a bilateral decision (employee and employer) or a decision after consultation is
required.
11
   Article 10 of the Act of Legislative Content of 20 March 2020 (A’ 68).
12 Article 2 of the Act of Legislative Content of 20 March 2020 (A’ 68).
13 Article 25 of the Act of Legislative Content of 14 March 2020 (A’ 64).
14 Article 6 of the Act of Legislative Content of 11 March 2020 (A’ 55).
15 Article 7 of the Act of Legislative Content of 11 March 2020 (A’ 55).
16 Article 7 of the Act of Legislative Content of 20 March 2020 (A’ 68).



https://doi.org/10.6092/issn.1561-8048/10785                                                                   3
     Effrosyni Bakirtzi                                                              Italian Labour Law e-Journal
                                                                                    Special Issue 1, Vol. 13 (2020)
                                                                       Covid-19 and Labour Law. A Global Review
                                                                                         Section: National Reports




   Finally, three positive developments should be highlighted within the challenges of this
difficult situation. The first is the fact that additional medical staff have been hired for
supporting the medical facilities and capacities of the public health system17. The second is
the development of e-governance and digitalisation of many processes and applications in
several sectors. The third is the promotion of remote work which may be further used in
the aftermath of the health crisis and facilitate the work life balance of many employees.




Copyright © 2020 Effrosyni Bakirtzi. This article is released under a Creative Commons
Attribution 4.0 International License




17   Article 10 of the Act of Legislative Content of 14 March 2020 (A’ 64).

https://doi.org/10.6092/issn.1561-8048/10785                                                                      4
