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RSM Update Alert: Covid-19: Further labour provisions until Monday the 30th of November as introduced by the latest Legislative Act
The Greek government has taken further measures in order to protect the public health from the risk of further spreading of the coronavirus COVID-19 throughout the country for the period from Saturday the 7th of November 2020 to Monday the 30th of November 2020. These measures are described in detail in the latest Legislative Act FEK 4899/Β΄/6.11.2020.
The most important Labour provisions include the following:
Article 1 provides information on the protection measures taken, based on the code of business activity of each company. In the case of private-owned companies the following measures are implemented:
- Operation with the absolute necessary number of personnel to provide the service, or fulfill the project in accordance to the relevant provisions.
- Mandatory protection of employees belonging to high-risk groups by granting special leave and/or providing teleworking, where possible.
- Mandatory teleworking to the maximum extent possible, as long as it is in line with the nature of the tasks, regardless of whether it concerns a vulnerable/ high risk group or not.
- Public services are available only in emergencies and by appointment.
- Keeping a distance of 1.5 meters is obligatory at all times and in all cases.
- Conducting working meetings with a distance of 1.5 meters and with the participation of up to 7 people maximum.
The same article also provides information on the code of business activities which are included in the list of operation that are considered as suspended.
According to Article 2, the obligation to use a non-medical face mask is imposed throughout the territory, regardless of the epidemiological level, in all indoor and outdoor areas, including workplaces, except for those who work in a personal area without the presence of any other person.
Moreover, the following are excluded from the obligation to use a non-medical face mask: a) people for whom the use of a mask is not indicated or allowed for medical reasons proven by the appropriate documents, such as due to respiratory problems and b) children under 4 years of age.
For urgent reasons and in order to reduce the risk of the spread of COVID-19 coronavirus, Article 3 imposes the precautionary measure of the restriction of the movement of citizens in general (curfew measures), except in cases excluded in accordance with paragraph 2 of this provision.
Specifically, the above prohibition excludes the movement of citizens to serve their vital, personal or professional needs that cannot be met in any other way and which are specifically allowed for the following specific reasons:
- Travel to and from work or during work.
- Travel to and from school.
- Travel for health reasons (going to a pharmacy, visiting a doctor, veterinarian or going to a hospital or health center, if this is recommended after a relevant communication).
- Go to an operating essential supplies store, where it is not possible for these items to be sent in the needed time.
- Go to the bank, to the extent that an electronic transaction is not possible.
- Going to help people in need.
- Travelling in order to attend a ceremony (ex. funeral) under the conditions provided by the law or travelling of divorced parents or parents who are in a separation, to ensure the necessary communication between parents and children, in accordance with the provisions in force.
- Accompanying students to and from school by a parent or guardian.
- Physical exercise outdoors or movement with a pet, individually or up to 3 people, provided that in the latter case the minimum distance of 1.5 meters is held.
- One-time transfer to the place of permanent residence.
- Go to a public service, if the electronic or telephone provision of the service is not possible only for urgent needs and after setting an appointment for which the citizen is informed in writing or electronically, and under the additional condition of demonstrating the above information.
- Transfer to and from the place of work of a spouse or first degree relative, if necessary.
- Movement for feeding stray animals, if the transition takes place only within the municipality of residence of the citizen.
- Movement for the purpose of harvesting agricultural products.
The same article stipulates that for work-related travel (cases a and l) the citizen must have his/ her police ID or passport, as well as a movement certificate (type A certificate), in printed or electronic form.
The movement certificate is provided, under the personal responsibility of the signatory, by the employer or, in the case of a legal entity, by his legal representative or, in the case of a self-employed person, by him/herself, and contains the name, place of residence and the employee's place of work, as well as his arrival and departure times, taking into account any necessary overtime work.
The above certificate can be obtained in one of the following ways:
- Regarding public service employees through the application of the Register of Human Resources of the Greek State on the website apografi.gov.gr and by exception through a form that is completed with the responsibility of the competent chief of staff.
- Regarding the employees of the private sector, the certificate is issued to the employee for his/her transfer, by the employer, after submitting the application of article 8 of law 1599/1986 (A '75) for the employer through "ERGANI". When submitting the application for the issuance of the certificate by the employer, the employment relationship of the employee with the applicant employer is automatically cross checked and certified by "ERGANI" and then the certificate is automatically provided by "ERGANI". The certificate should be issued to the employee at the latest before the tangible transfer and is valid for as long as the employee is required to move to and from work, during curfew hours, based on his working hours. The certificate, according to the provision, can be valid for a period of up to 14 days.
- In the case of self-employed professionals, the respective application of article 8 of law 1599/1986 (A '75) for the employer through "ERGANI" can be made with the TAXISNET codes and is completed electronically by each self-employed professional. The submission of the responsible declaration must take place at the latest before their transport and must be presented, in printed or electronic form, to the competent auditing bodies.
- In any case, alternatively to the above, the certificate can be obtained from the website forma.gov.gr and a permanent certificate of movement (type A) can be completed by the citizen.
Article 4 declares that it is prohibited to move, by any means, outside the boundaries of the relevant Geographic Regional Unit, except in the following cases:
- to and from work,
- for health reasons,
- for the purpose of a one-time transfer to the place of permanent residence,
- travelling in order to attend a ceremony (ex. funeral) under the conditions provided by law or travelling of divorced parents or parents who are in a separation, to ensure the necessary communication between parents and children, in accordance with the provisions in force.
The above must be proved by the supporting documents provided in the Legislative Act.
Article 6 provides relevant information on the penalties for non-compliance with the latest measures.
The complete Legislative Act can be found in Greek, here.
Article and photo source: Press Release / Newsletter