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

Internal Market Information System (IMI)

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Administrative cooperation and mutual assistance between the competent authorities of the Member States is implemented through the Internal Market Information System (IMI) as established by Regulation (EU) no. 1024/2012 (art. 17, Presidential Decree 101/2016).

Administrative cooperation takes place through the exchange and processing of information, including notifications and warnings, or the provision of mutual assistance, including problem solving, with the aim of better applying Union Law.

More specifically, the cooperation and assistance includes:

Article 5, P.D. 101/2016

1. The submission of reasoned requests to provide information on the posting of workers in the context of cross-border service provision, both regarding the posted workers and the service providers, including cases of possible abuse or cross-border activities considered illegal in relation to the posting of workers , as well as the answer to them,

2. The submission of justified requests for the provision of information regarding the possible notification of a decision to impose an administrative monetary penalty or fine or the possible collection of an imposed administrative monetary penalty or fine,

3. The disclosure of information regarding possible irregularities, abuses and circumventions, which have come to the attention of the competent authorities, as well as violations of the relevant provisions,

4. Carrying out checks, inspections and investigations in cases of posting of workers in the context of cross-border provision of services, including the investigation of cases of non-compliance with the relevant provisions governing the posting of workers or possible abuse or cross-border activities considered illegal in relation to the posting of worker , whether or not a request for information is pending, and

5. the sending and delivery of documents related to the above.

Article 11 P.D. 101/2016

1. The competent Regional Directorate of the Labor Inspection, at the request of an applicant authority of another member state, takes the following actions:

1. Communicates decisions imposing an administrative monetary penalty or fine and any other relevant document, and/or

2. transmits documents relating to the collection of the administrative fine or fine imposed by the competent authority of the requesting Member State, in accordance with the legislation and procedures of the latter, against which no appeal or any other legal remedy can be brought .

2. The competent Regional Directorate of the Labor Inspection submits to the competent authority of another member state:

1. Request for notification of the Greek authority’s decision to impose an administrative monetary sanction or fine, when it is unable to notify this decision, and

2. request to collect the administrative monetary penalty or fine imposed by a Greek authority, when it is unable to proceed with its collection and there is no administrative appeal or other legal aid against the decision to impose the administrative monetary penalty or the fine.

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