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| | {{process | | {{process |
| − | |process_official_title=Ratification of company work regulations | + | |process_official_title=Ratification of company labour regulation |
| − | |process_alternative_titles=Ratification of a regulation, business regulation, work regulation | + | |process_alternative_titles=Ratification of a regulation, business regulation, labour regulation |
| − | |process_description=The procedure concerns the ratification of a working regulation for private undertakings by the Labour Inspectorate. | + | |process_description=The procedure concerns the ratification of a labour regulation for private undertakings by the Labour Inspectorate. |
| | |process_org_owner_is_private=No | | |process_org_owner_is_private=No |
| | |process_org_owner=80136 | | |process_org_owner=80136 |
| | |process_provision_org_group=2118 | | |process_provision_org_group=2118 |
| − | |process_provision_org=63768
| |
| | |process_provision_org_directory=Department of Labour Relations Inspection Coordination | | |process_provision_org_directory=Department of Labour Relations Inspection Coordination |
| − | |process_remarks=The regulations are drawn up by the employer and the agreement of the staff covered by the regulations is not required. However, the relevant employees trade union organisation is allowed to appeal to the Department of Labour Regulations against the provisions of the Regulations that are contrary to the laws or their implementing decrees or Ministerial Decisions. In order for the Regulation to become effective, sanction by the Administration is required. Sanctioning for private enterprises is carried out by the Labour Inspectorate, while for enterprises-operations owned or operated by the State as well as for those of municipalities, communities, legal entities under public law, banks and clinics, sanctioning is carried out by a joint decision of the Minister of Labour, Social Security and the Minister in charge of supervision. | + | |process_remarks=The regulations are drawn up by the employer and the agreement of the staff covered by the regulations is not required. However, the relevant employees trade union organisation is allowed to appeal to the Department of Labour Regulations against the provisions of the Regulations that are contrary to the laws or their implementing decrees or Ministerial Decisions. |
| | + | |
| | + | In order for the Regulation to become effective, sanction by the Administration is required. Sanctioning for private enterprises is carried out by the Labour Inspectorate, while for enterprises-operations owned or operated by the State as well as for those of municipalities, communities, legal entities under public law, banks and clinics, sanctioning is carried out by a joint decision of the Minister of Labour, Social Security and the Minister in charge of supervision. |
| | |process_estimated_implementation_duration_max=P2Y | | |process_estimated_implementation_duration_max=P2Y |
| | |process_evidence_identification_type=Identification document | | |process_evidence_identification_type=Identification document |
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| | |process_trigger_type=Application (handwritten) | | |process_trigger_type=Application (handwritten) |
| | |process_output_type=Administrative Act | | |process_output_type=Administrative Act |
| − | |process_source=Framers, SDG
| |
| | |process_provided_to=Businesses,Employers | | |process_provided_to=Businesses,Employers |
| | |process_tax_type=Validations | | |process_tax_type=Validations |
| − | |process_life_events=Business establishment and operation,Staff employment | + | |process_life_events=Licences and compliance,Staff employment |
| | |process_total_duration_steps_min=2851500 | | |process_total_duration_steps_min=2851500 |
| | |process_total_duration_steps_max=95042700 | | |process_total_duration_steps_max=95042700 |
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| | |process_application_submission_type=Submitted by the applicant (in person or by post) | | |process_application_submission_type=Submitted by the applicant (in person or by post) |
| | |process_application_owner=Legal entities | | |process_application_owner=Legal entities |
| − | |process_application_description=Application for the ratification of a work regulation or amendment of a work regulation. | + | |process_application_description=Application for the ratification of a work regulation or amendment of a labour regulation. |
| | |process_application_note=The application is submitted in duplicate to the competent Departments for Coordination of Labour Relations Inspection (DCLRI) of the Regional Directorates of Labour Relations Inspection (paragraph 2.ia of article 2 of Law 3996/2011, article 47 of Presidential Decree 134/2017). The local competence of the DCLRI is defined on the basis of the place where the head office of the enterprise is located. | | |process_application_note=The application is submitted in duplicate to the competent Departments for Coordination of Labour Relations Inspection (DCLRI) of the Regional Directorates of Labour Relations Inspection (paragraph 2.ia of article 2 of Law 3996/2011, article 47 of Presidential Decree 134/2017). The local competence of the DCLRI is defined on the basis of the place where the head office of the enterprise is located. |
| − | |process_estimated_implementation_duration=P2Y
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| | }} | | }} |
| | {{process conditions | | {{process conditions |
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| | |process_conditions_alternative=No | | |process_conditions_alternative=No |
| | |process_conditions_type=Labour | | |process_conditions_type=Labour |
| − | |process_conditions_name=Enterprises, establishments or operations in general, regardless of their legal form and whether they belong to a natural or legal person, are obliged to draw up work regulations if they employ more than 70 persons. By decision of the Ministry of Labour, this obligation may be extended to undertakings employing fewer than 70 persons, but not fewer than 40. | + | |process_conditions_name=Enterprises, establishments or operations in general, regardless of their legal form and whether they belong to a natural or legal person, are obliged to draw up labour regulations if they employ more than 70 persons. By decision of the Ministry of Labour, this obligation may be extended to undertakings employing fewer than 70 persons, but not fewer than 40. |
| | }} | | }} |
| | {{process evidences cost | | {{process evidences cost |
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| | |process_evidence_cost_type=Administrative Fee (not provided by e-paravolo webpage) | | |process_evidence_cost_type=Administrative Fee (not provided by e-paravolo webpage) |
| | |process_evidence_cost_calculation=One-off | | |process_evidence_cost_calculation=One-off |
| − | |process_evidence_cost_description=A fee of three hundred (300) euros shall be set for the submission and discussion of the working arrangements. A fee of one hundred (100) euros shall be charged for the amendment of the rules of procedure. The above shall apply to undertakings or holdings employing between seventy-one (71) and one hundred and eighty (180) workers. | + | |process_evidence_cost_description=A fee of three hundred (300) euros shall be set for the submission and discussion of the labour regulations. A fee of one hundred (100) euros shall be charged for the amendment of the rules of procedure. The above shall apply to undertakings or holdings employing between seventy-one (71) and one hundred and eighty (180) workers. |
| | *Businesses and operations carried out under or on behalf of the Greek State are excluded. | | *Businesses and operations carried out under or on behalf of the Greek State are excluded. |
| | |process_evidence_cost_min=100 | | |process_evidence_cost_min=100 |
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| | |process_evidence_cost_type=Administrative Fee (not provided by e-paravolo webpage) | | |process_evidence_cost_type=Administrative Fee (not provided by e-paravolo webpage) |
| | |process_evidence_cost_calculation=One-off | | |process_evidence_cost_calculation=One-off |
| − | |process_evidence_cost_description=An administrative fee of four hundred and forty (440) euros shall be set for the submission and discussion of the working arrangements. A fee of EUR one hundred and fifty (150) euros shall be charged for the amendment of the rules of procedure. The above shall apply to undertakings or establishments employing more than one hundred and eighty (180) workers. | + | |process_evidence_cost_description=An administrative fee of four hundred and forty (440) euros shall be set for the submission and discussion of the labour regulations. A fee of one hundred and fifty (150) euros shall be charged for the amendment of the rules of procedure. The above shall apply to undertakings or establishments employing more than one hundred and eighty (180) workers. |
| | |process_evidence_cost_min=150 | | |process_evidence_cost_min=150 |
| | |process_evidence_cost_max=440 | | |process_evidence_cost_max=440 |
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| | |process_evidence_owner=Legal entities | | |process_evidence_owner=Legal entities |
| | |process_evidence_description=Solemn Declaration of the legal representative of the undertaking indicating the exact number of staff employed by the undertaking and that the undertaking does not have an operational association or a works council. | | |process_evidence_description=Solemn Declaration of the legal representative of the undertaking indicating the exact number of staff employed by the undertaking and that the undertaking does not have an operational association or a works council. |
| − | |process_evidence_related_process=265882 | + | |process_evidence_related_process=Solemn declaration and electronic solemn declaration |
| | |process_evidence_related_url=https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses | | |process_evidence_related_url=https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses |
| | }} | | }} |
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| | |process_rule_decision_number=18547 | | |process_rule_decision_number=18547 |
| | |process_rule_decision_year=2022 | | |process_rule_decision_year=2022 |
| − | |process_rule_description=Clarifications for the submission for ratification of staff work regulations drawn up unilaterally by the employer, in accordance with the provisions of Legislative Decree 3789/1957, in compliance with article 11 of Law 4808/2021 and Ministerial Decision No 82063/2021. | + | |process_rule_article= |
| | + | |process_rule_description=Clarifications on submitting for ratification staff work regulations drawn up unilaterally by the employer, in accordance with Legislative Decree 3789/1957, in compliance with Article 11 of Law 4808/2021 and Ministerial Decision (ΥΑ) no. 82063/2021 |
| | + | |process_rule_gazette_doc_issue= |
| | + | |process_rule_gazette_doc_number= |
| | + | |process_rule_url=https://diavgeia.gov.gr/doc/9%CE%A3%CE%95%CE%A446%CE%9C%CE%A4%CE%9B%CE%9A-39%CE%93?inline=true |
| | |process_rule_ada=9ΣΕΤ46ΜΤΛΚ-39Γ | | |process_rule_ada=9ΣΕΤ46ΜΤΛΚ-39Γ |
| − | |process_rule_url=https://diavgeia.gov.gr/doc/9%CE%A3%CE%95%CE%A446%CE%9C%CE%A4%CE%9B%CE%9A-39%CE%93?inline=true
| |
| | }} | | }} |
| | + | |
| | {{process rules | | {{process rules |
| | |process_rule_type=Ministerial Decision | | |process_rule_type=Ministerial Decision |
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| | |process_rule_article=2, 3 | | |process_rule_article=2, 3 |
| | |process_rule_description=The consultation on the policies set out in Articles 9 and 10 of Law 4808/2021 shall be conducted as follows: | | |process_rule_description=The consultation on the policies set out in Articles 9 and 10 of Law 4808/2021 shall be conducted as follows: |
| − | a) If the employer-enterprise is obliged to draw up a Personnel Work Regulation or if it already has or is drawing up one, it shall incorporate in it the text of the policies of Articles 9 and 10, following the procedure provided for drawing up or amending it, and shall include in it provisions on disciplinary offences, disciplinary proceedings and disciplinary sanctions, in the context of or following complaints about incidents of violence and harassment at work.
| + | |process_rule_gazette_doc_issue=Β |
| − | (b) If the employer-enterprise has no obligation to draw up Staff Working Rules, the draft policies of Articles 9 and 10 of the enterprise shall be subject to collective bargaining when drawing up an Enterprise Collective Labour Agreement, in accordance with the applicable provisions on collective bargaining.
| |
| − | c) In all other cases, and until the procedures in sub-paragraphs a) or b) above have been completed, the policies in Articles 9 and 10 shall be drawn up by the employer enterprise. The employer shall consult on the draft policies with the representatives of the most representative trade union organisation of the enterprise or holding or with the workers council or, if there are none, shall inform the workers of the forthcoming drafting and shall post the draft policy at the workplace in order to obtain their views, as provided for in Article 11 of Law 4808/2021.
| |
| | |process_rule_gazette_doc_number=5059 | | |process_rule_gazette_doc_number=5059 |
| − | |process_rule_gazette_doc_issue=Β
| + | |process_rule_url=https://api.et.gr/apiFEK/2/2021/5059/pdf |
| − | |process_rule_url=https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20210205059 | |
| | }} | | }} |
| | + | |
| | {{process rules | | {{process rules |
| | |process_rule_type=Law | | |process_rule_type=Law |
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| | |process_rule_article=11 | | |process_rule_article=11 |
| | |process_rule_description=Content of Labour Regulations and Operational Collective Labour Contracts | | |process_rule_description=Content of Labour Regulations and Operational Collective Labour Contracts |
| − | The policies referred to in Articles 9 and 10 shall be the subject of collective bargaining as the content of the Operational Collective Labour Contract or the Labour Regulations or shall be drawn up by the employer, after consultation with the representatives of the most representative trade union organisation of the undertaking or establishment or with the workers council and, in the absence of trade unions and workers council, after informing the workers and posting the draft policy at the workplace or making it public. In particular, provisions on disciplinary misconduct, disciplinary proceedings and disciplinary sanctions in the context of or following complaints about incidents of violence and harassment at work shall be a mandatory part of the Labour Regulation, where such a regulation exists or where there is an obligation to draw up one.
| + | |process_rule_gazette_doc_issue=Α |
| | |process_rule_gazette_doc_number=101 | | |process_rule_gazette_doc_number=101 |
| − | |process_rule_gazette_doc_issue=Α
| + | |process_rule_url=https://api.et.gr/apiFEK/1/2021/101/pdf |
| − | |process_rule_url=https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20210100101 | |
| | }} | | }} |
| | + | |
| | {{process rules | | {{process rules |
| | |process_rule_type=Ministerial Decision | | |process_rule_type=Ministerial Decision |
| | |process_rule_decision_number=2322 | | |process_rule_decision_number=2322 |
| | |process_rule_decision_year=2002 | | |process_rule_decision_year=2002 |
| | + | |process_rule_article= |
| | |process_rule_description=Fixing the amount of the fee for the submission and adoption of labour regulations. | | |process_rule_description=Fixing the amount of the fee for the submission and adoption of labour regulations. |
| | + | |process_rule_gazette_doc_issue=Β |
| | |process_rule_gazette_doc_number=371 | | |process_rule_gazette_doc_number=371 |
| − | |process_rule_gazette_doc_issue=Β
| + | |process_rule_url=https://api.et.gr/apiFEK/2/2002/371/pdf |
| − | |process_rule_url=https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20020200371 | |
| | }} | | }} |
| | + | |
| | {{process rules | | {{process rules |
| | |process_rule_type=Legislative decree | | |process_rule_type=Legislative decree |
| | |process_rule_decision_number=3789 | | |process_rule_decision_number=3789 |
| | |process_rule_decision_year=1957 | | |process_rule_decision_year=1957 |
| | + | |process_rule_article= |
| | |process_rule_description=On amending and supplementing certain provisions of the Labour Law. | | |process_rule_description=On amending and supplementing certain provisions of the Labour Law. |
| | + | |process_rule_gazette_doc_issue=Α |
| | |process_rule_gazette_doc_number=210 | | |process_rule_gazette_doc_number=210 |
| − | |process_rule_gazette_doc_issue=Α
| + | |process_rule_url=https://api.et.gr/apiFEK/1/1957/210/pdf |
| − | |process_rule_url=https://www.et.gr/api/DownloadFeksApi/?fek_pdf=19570100210 | |
| | }} | | }} |
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| | + | |
| | {{process steps | | {{process steps |
| | |process_step_num_id=1 | | |process_step_num_id=1 |
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| | }} | | }} |
| | {{process useful links | | {{process useful links |
| − | |process_useful_link_title=APR - Communication | + | |process_useful_link_title=Hellenic Labour Inspectorate - Communication |
| | |process_useful_link_url=https://www.sepe.gov.gr/epikoinonia/ | | |process_useful_link_url=https://www.sepe.gov.gr/epikoinonia/ |
| | }} | | }} |