Posting of Workers

Posting of Workers

Legislative FrameworkConditions for Being Subject to the Secondment Provisions and Types of SecondmentObligations of Employers Seconding Staff to GreeceWorking Conditions of Seconded Employees and their RemunerationLegal Protection of Posted WorkersSanctionsInternal Market Information System (IMI)Posting of an Employee Abroad

Conditions for Being Subject to the Secondment Provisions and Types of Secondment

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The provisions concerning the posting of workers apply to companies established in the 27 member states of the European Union, in the states that have signed the agreement on the European Economic Area (Iceland, Liechtenstein and Norway) and Switzerland. Posted worker means any employee who is linked to a dependent labor relationship with a company based in the territory of a member state of the European Union, the E.E.A. or Switzerland and whom the company sends to the territory of another Member State to perform its work for a limited period of time.

Types of secondment

The secondment of workers is carried out by a company:

a) which has entered into a contract for the provision of services with the recipient of the services in Greece, as long as there is an employment relationship between the company of the Member State of origin and the person who is seconded,

b) which wishes to second its employee to a company of the same group in the territory of Greece, as long as there is an employment relationship between the company and the seconded person. The “group of enterprises” means any group that includes controlling and controlled enterprises. In particular, the group of companies is characterized by common management, common economic policy, common financing, in a word, common economic interests. While it is composed of several independent legal entities, it is a financial unit. (art. 51 of Law 4052/2012)

c) Temporary Employment Company or a company that has employees at an indirect employer that is established or carries out its activities in Greece, as long as there is an employment relationship between the Temporary Employment Company or the company that has employees at an indirect employer and the employee. This employee is considered to have been seconded from the temporary employment company or the company that has employees, with which the employee is linked by a dependent labor relationship, i.e. the direct employer. The principle of equal treatment applies to employees assigned to an indirect employer. This means that, in accordance with the principle of equal treatment, their working conditions during their placement with the indirect employer are at least those that would apply if the workers had been hired directly by the indirect employer, i.e. the user enterprise, to understand the same position.

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