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

Working Conditions of Seconded Employees and their Remuneration

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For posting up to 12 months:

During this period, companies are obliged to guarantee to the workers they post in Greece, based on the principle of equal treatment, and regardless of the law governing their employment relationship, the application of the working conditions determined by the following:

A) Greek legislation (laws, decrees and ministerial decisions),

B) the applicable national general collective labor agreements that determine the minimum wage and non-wage labor conditions that apply to the workers of the entire country, insofar as they bind the recipient of the provision of services,

C) the applicable collective labor agreements or arbitration decisions that have been declared generally mandatory, or

D) the sectoral collective labor agreements that have been concluded by the most representative organizations, as applicable in the relevant geographical area and in the relevant branch or profession, to the extent that they bind the recipient of the provision of services and relate exclusively to the following matters:

– the maximum working periods and the minimum rest periods,

– the minimum duration of annual regular leave with pay,

– salaries, see below,

– the protection of children, young people and women who are pregnant or in labor at work,

– the equal treatment of men and women and the general non-discrimination at work,

– the placement of workers in an indirect employer by temporary employment companies or companies that have employees,

– the housing conditions of employees, when provided by the employer to employees away from their usual place of work,

– the additional compensation for an overnight stay away from home to cover the travel, food and accommodation expenses of employees who are outside their country for business reasons (applies exclusively to the travel, food and accommodation expenses of seconded workers in the territory of Greece when they are required to travel to and from their usual place of work both within Greece and in another Member State during the time period of the secondment).

For long-term secondment:  The secondment may exceed 12 months, as long as a reasoned notification is submitted to the competent department of the place of service provision before the expiration of the 12 months. The extension is not subject to an approval process (it is a notification and not an application) and in any case cannot exceed 18 months. In the long-term secondment, it should be ensured for the staff, based on the principle of equal treatment, the application of all other employment conditions that are compulsorily applied in the host country and not only those mentioned above.

Caution:

  • The procedures and conditions for the conclusion and termination of the employment contract (including non-competition clauses) and the rules on supplementary pension schemes do not apply to long-term posted workers.

Calculation of posting duration

  • When a company established in a member state of the EU, the EEA or Switzerland that posts workers to the territory of Greece replaces a posted worker with another posted worker performing the same work in the same place, the duration of the posting is the cumulative duration of the posting periods of the individual posted workers in question. The same work in the same place is determined, among other things, by the nature of the service provided, the work performed and the place of work provided.
  • When calculating the duration of the posting, weekly rest is taken into account, as well as normal annual leave with pay, while periods of time such as unpaid leave and sickness absence are not taken into account.

Salaries of the seconded

According to the P.D. 30/2021, the remuneration is understood as the mixed remuneration determined by the Greek legislation and by the applicable collective labor agreements, insofar as they bind the recipient of the provision of services and which consist of the basic salary and the individual allowances provided for, including the fees and surcharges for additional work, such as in particular for the provision of overtime, overtime or additional work.

Allowances granted to posted workers due to the posting are not included in the concept of remuneration, as long as they are paid to cover expenses actually incurred due to the posting, such as travel, accommodation or food expenses.

Companies that post workers to the territory of Greece are obliged to pay the posted workers the above costs, in accordance with the national legislation and/or practice applicable to the posted worker’s employment relationship.

If the terms of employment do not specify whether and which elements of the posting allowance are paid as reimbursement of expenses actually incurred as a result of the posting or which form part of the remuneration, then the entire posting allowance is considered to be paid as reimbursement of expenses . Otherwise, host Member States shall ensure that undertakings guarantee posted workers working and employment conditions in relation to workers’ housing conditions when the work is provided away from their usual place of work.

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