|
|
| (10 intermediate revisions by 2 users not shown) |
| Line 1: |
Line 1: |
| | {{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 |
| Line 35: |
Line 35: |
| | |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 | | |process_estimated_implementation_duration=P2Y |
| Line 43: |
Line 43: |
| | |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 |
| Line 63: |
Line 63: |
| | |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 |
| Line 76: |
Line 76: |
| | |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 |
| Line 89: |
Line 89: |
| | |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 |
| | }} | | }} |
| Line 127: |
Line 127: |
| | |process_rule_decision_year=2021 | | |process_rule_decision_year=2021 |
| | |process_rule_article=11 | | |process_rule_article=11 |
| − | |process_rule_description=The policies referred to in Articles 9 and 10 are subject to collective bargaining as the content of the Business Collective Convention or of the Labour Regulation or are drawn up by the employer, after consultation with the representatives of the most representative trade union organisation of the undertaking or the holding or the works council and, if there are no trade unions and works councils, after informing workers and posting the draft policy at the workplace, in order to obtain opinions; in particular, provisions for disciplinary offences, disciplinary proceedings and penalties in the context of or following complaints of violence and harassment at work are compulsory content of the Work Regulation, provided that such an obligation exists or exists. | + | |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_number=101 | | |process_rule_gazette_doc_number=101 |
| | |process_rule_gazette_doc_issue=Α | | |process_rule_gazette_doc_issue=Α |
| Line 136: |
Line 137: |
| | |process_rule_decision_number=2322 | | |process_rule_decision_number=2322 |
| | |process_rule_decision_year=2002 | | |process_rule_decision_year=2002 |
| − | |process_rule_description=Establishment of an infringement level 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_number=371 | | |process_rule_gazette_doc_number=371 |
| | |process_rule_gazette_doc_issue=Β | | |process_rule_gazette_doc_issue=Β |
| Line 145: |
Line 146: |
| | |process_rule_decision_number=3789 | | |process_rule_decision_number=3789 |
| | |process_rule_decision_year=1957 | | |process_rule_decision_year=1957 |
| − | |process_rule_description=To amend and supplement certain provisions of Labour Law. | + | |process_rule_description=On amending and supplementing certain provisions of the Labour Law. |
| | |process_rule_gazette_doc_number=210 | | |process_rule_gazette_doc_number=210 |
| | |process_rule_gazette_doc_issue=Α | | |process_rule_gazette_doc_issue=Α |
| Line 154: |
Line 155: |
| | |process_step_exit=No | | |process_step_exit=No |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Receive an application. | + | |process_step_title=Receipt of application |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_duration_min=PT1M | | |process_step_duration_min=PT1M |
| | |process_step_duration_max=PT5M | | |process_step_duration_max=PT5M |
| − | |process_step_description=Submission of an application and an examination of supporting documents by the Presiding Officer or by an official of the Work Relations Inspection Division (CTEF) | + | |process_step_description=Submission of the application and verification of supporting documents by the Head or by an employee of the Department for the Coordination of Labour Relations Inspection. |
| | }} | | }} |
| | {{process steps | | {{process steps |
| Line 164: |
Line 165: |
| | |process_step_exit=No | | |process_step_exit=No |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Schedule of application | + | |process_step_title=Filing of application |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_duration_min=PT2M | | |process_step_duration_min=PT2M |
| | |process_step_duration_max=PT5M | | |process_step_duration_max=PT5M |
| − | |process_step_description=Staff shall register the application and assign a protocol number from PAPYRUS | + | |process_step_description=Staff shall file the application and assign a protocol number from PAPYRUS |
| | }} | | }} |
| | {{process steps | | {{process steps |
| Line 174: |
Line 175: |
| | |process_step_exit=No | | |process_step_exit=No |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Transmission of the dossier to a three-member Commission | + | |process_step_title=Forwarding of the dossier to a Three-member Commission |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| | |process_step_duration_min=P1D | | |process_step_duration_min=P1D |
| | |process_step_duration_max=P5D | | |process_step_duration_max=P5D |
| − | |process_step_description=Transmission of the file from the CCCF to the Tripartite Committee of the AD 369/1989, which operates in each regional section. | + | |process_step_description=Forwarding of the dossier from the Department for the Coordination of Labour Relations Inspection to the Three-member Committee of the PD 369/1989, which operates in each regional section. |
| | }} | | }} |
| | {{process steps | | {{process steps |
| Line 185: |
Line 186: |
| | |process_step_exit=No | | |process_step_exit=No |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Set the date of discussion by the Committee | + | |process_step_title=Setting a date for discussion by the committee |
| | |process_step_official=Collective body | | |process_step_official=Collective body |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| | |process_step_duration_min=P1M | | |process_step_duration_min=P1M |
| | |process_step_duration_max=P3Y | | |process_step_duration_max=P3Y |
| − | |process_step_description=Defined by the Committee date of discussion | + | |process_step_description=Date of discussion shall be set by the Committee. |
| | }} | | }} |
| | {{process steps | | {{process steps |
| Line 196: |
Line 197: |
| | |process_step_exit=No | | |process_step_exit=No |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Discussion of the Committee in the presence of the employer | + | |process_step_title=Discussion of the committee in the presence of the employer |
| | |process_step_official=Collective body | | |process_step_official=Collective body |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| | |process_step_duration_min=PT1M | | |process_step_duration_min=PT1M |
| | |process_step_duration_max=PT30M | | |process_step_duration_max=PT30M |
| − | |process_step_description=Discussion and information of the company on the proposed changes. | + | |process_step_description=Discussion and briefing of the business on the proposed changes. |
| | }} | | }} |
| | {{process steps | | {{process steps |
| Line 207: |
Line 208: |
| | |process_step_exit=No | | |process_step_exit=No |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Re-submission of the Regulation with changes | + | |process_step_title=Re-submission of the Regulation with amendments |
| | |process_step_official=Collective body | | |process_step_official=Collective body |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| Line 223: |
Line 224: |
| | |process_step_duration_min=P1D | | |process_step_duration_min=P1D |
| | |process_step_duration_max=P5D | | |process_step_duration_max=P5D |
| − | |process_step_description=Opinion of the Committee and transmission of the dossier to the labour relations inspection department owned by the company's head office. | + | |process_step_description=Opinion of the Committee and transmission of the dossier to the labour relations inspection department that belongs to the companys head office. |
| | }} | | }} |
| | {{process steps | | {{process steps |
| Line 229: |
Line 230: |
| | |process_step_exit=Yes | | |process_step_exit=Yes |
| | |process_step_child=No | | |process_step_child=No |
| − | |process_step_title=Control of the regulation and adoption of this Regulation | + | |process_step_title=Control and adoption of this Regulation |
| | |process_step_official=Responsible Head of Department | | |process_step_official=Responsible Head of Department |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| | |process_step_duration_min=P1D | | |process_step_duration_min=P1D |
| | |process_step_duration_max=P10D | | |process_step_duration_max=P10D |
| − | |process_step_description=Control of the regulation and approval of the regulation by means of an administrative act on the subject of approval of the regulation, signed by the Head of Coordination Department for Labour Relations Inspection at the headquarters of the company | + | |process_step_description=Control of the regulation and approval of the regulation by means of an administrative act on the subject of approval of the regulation, signed by the Head of Coordination Department for Labour Relations Inspection at the headquarters of the company. |
| − | |process_step_note=Following the adoption of the administrative act, the undertaking receives a copy of the Regulation.The Regulation is to enter into force after ratification and if the term of publication of the law is respected, i.e. as long as the regulation is posted and "at any time marked in clear and accessible to workers at the workplace (Article 2 of Law No.3789/57). | + | |process_step_note=After the administrative act has been issued, the undertaking shall receive a copy of the Regulation. |
| | + | The regulation comes into force after its ratification and as long as the publicity requirement of the law is met, i.e. as long as the regulation is posted and is "at all times posted in conspicuous and accessible places in the workplace for employees (paragraph 2 of Article 1 of L.D. 3789/57). By Royal Decree of 24 Jun. 1958 "On the establishment, procedure for the submission, ratification, notification and publication of labour regulations" (Government Gazette 103, issue A, of 8 July 1958), the details of the procedure for the submission, processing and publication of labour regulations are laid down. |
| | }} | | }} |
| | {{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/ |
| | }} | | }} |
