#Employment_Law

26/11/2022

Law under no 4997/2022 - Rationalization of insurance and pension legislation, strengthening of vulnerable social groups and other provisions.

The new Law 4997/2022 "Rationalization of insurance and pension legislation, strengthening of vulnerable social groups and other provisions" was published in Official Gazette A' 219/2022.

The law includes social security, pension and labor provisions.

From the social security arrangements, the following are highlighted:

Article 5, which stipulates that from 1.1.2023 the deductions of salaried employees in favor of the branches or accounts of the Ministry of Health, which are contributed by the Electronic National Social Security Agency (e-E.F.K. .A.).

Article 6, which stipulates that the claim of the Electronic National Social Security Agency (e-E.F.K.A.) and the entities that are part of it for the collection of claims from unpaid insurance contributions and all kinds of additives fees, interest, surcharges, fines and charges, as well as the other amounts collected with them, is subject to a ten-year statute of limitations starting from the first day of the following year in which the insurable work or service was provided, regardless of the time during which these claims were confirmed. Also, it is defined that for claims arising from insurable work or service that will be provided after 1.1.2026, the above statute of limitations is defined as five years.

Article 7, which provides for the increase from 12 to 24 of the monthly installments of the permanent settlement of the debts to the social security agencies.

Article 9, which establishes a program to subsidize insurance contributions for companies, which, from 01.01.2023 until 31.12.2023, convert employment contracts of part-time employees into full-time employment contracts. Specifically, all kinds of insurance contributions, insured and employer, for the salaried employee are subsidized by forty percent (40%) from the state budget, for a period of one (1) year, which starts from the first day of the conversion , whose employment contract was converted from part-time to full-time. Businesses are eligible to be included in the program, which on 9.9.2022 employ staff with a part-time employment contract in a percentage higher than 50% of all salaried employees and are eligible for conversion are part-time contracts concluded until 9.9.2022.

 

Of the provisions of a working nature, the following are highlighted:

Articles 43 and 44 provide for the increase in the duration of the special maternity protection leave from six (6) to nine (9) months, for mothers insured in the e-E.F.K.A., who work with an employment relationship of a fixed or indefinite period in businesses or holdings of the private sector, as specifically defined and the mother is granted the right to transfer up to seven (7) months, from the special maternity protection permit, to the father under the defined conditions. By decision of the Minister of Labor and Social Affairs, the conditions and the procedure for the transfer of the special maternity leave will be regulated.
It should be noted that in article 83 par. 2 of the law it is stated that the aforementioned article 43 also applies to the beneficiaries who make use of the special maternity protection license of par. 1 of article 142 of Law 3655/2008, upon the entry into force of of this Law, and for the time remaining until the completion of nine (9) months.

Article 46, which stipulates that the employer is obliged to submit to the "ERGANI II" PES, before the start of employment, the schedule of the occupational doctor's and the safety technician's daily work schedule, registering the start and end times of this work, in compliance with the relevant provisions on health and safety at work.

Article 47, which provides for the prohibition of discrimination in access to work to the detriment of HIV-positive persons.