Difference between revisions of "ΔΔ:Ratification of company labour regulation"

From National Registry of Administrative Public Services
(Προσθήκη διαδικασίας)
 
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{{process
 
{{process
|process_official_title=Repeal of a Workshop Regulation
+
|process_official_title=Ratification of company work regulations
|process_alternative_titles=Closure of a Regulation, Regulation of an undertaking, Regulation of the European Parliament and of the Council
+
|process_alternative_titles=Ratification of a regulation, business regulation, work regulation
|process_description=The procedure concerns the ratification of a working regulation for private undertakings by the APRC.
+
|process_description=The procedure concerns the ratification of a working 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=63768
|process_provision_org_directory=Section for labour relations inspection coordination
+
|process_provision_org_directory=Department of Labour Relations Inspection Coordination
|process_remarks=Regulations are drawn up by the employer and do not require the assent of the staff concerned by the regulation, but the relevant trade union organization of workers is allowed to bring proceedings before the Labour Regulations Department against the provisions of the Rules of Procedure which are contrary to the laws or regulations or to their implementing decisions. In order to obtain the Regulation, it is necessary to ratify the Regulation by means of a joint decision of the Minister for Labour, Social Security and Welfare and the Minister for Labour and Social Affairs and the Minister for Public Health who exercise 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
Line 16: Line 16:
 
|process_output_type=Administrative Act
 
|process_output_type=Administrative Act
 
|process_source=Framers, SDG
 
|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=Staff employment, Business establishment and operation
+
|process_life_events=Business establishment and operation,Staff employment
|process_total_duration_steps_min=P1M3DT5M
+
|process_total_duration_steps_min=2851500
|process_total_duration_steps_max=P3Y20DT45M
+
|process_total_duration_steps_max=95042700
|process_cost_min=60
+
|process_cost_min=60.00
|process_cost_max=440
+
|process_cost_max=440.00
 +
|process_evidence_cost_guarantee=0
 +
|process_evidence_cost_total_number=0
 +
|process_evidence_ex_officio_total_number=0
 
|process_evidence_alternative_total_number=0
 
|process_evidence_alternative_total_number=0
 +
|process_evidence_prerequisite_total_number=0
 
|process_evidence_total_number=2
 
|process_evidence_total_number=2
 +
|process_evidence_step_total_number=0
 +
|process_evidence_step_digital_total_number=0
 
|process_sdg_codes=J1
 
|process_sdg_codes=J1
 
|process_application_type=Application
 
|process_application_type=Application
Line 81: Line 87:
 
|process_evidence_owner=Legal entities
 
|process_evidence_owner=Legal entities
 
|process_evidence_description=Responsible statement 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=Responsible statement 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=265882
 
|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
 
}}
 
}}

Revision as of 10:39, 21 November 2023



a6490462-70ef-453c-8274-ae893be824fc 833801 Κύρωση κανονισμού εργασίας επιχείρησης

At a glance

Points of service

Regional Directorates for Labour Inspectorate, Department of Labour Relations Inspection Coordination

Digital provision points

  • The service is not provided digitally

Number of required documents

2

Fees

From 60 to 440 €

Estimated Time

2 years

Description

The procedure concerns the ratification of a labour regulation for private undertakings by the Labour Inspectorate.

Basic information

Competent body

MINISTRY OF LABOR AND SOCIAL SECURITY

Authority responsible for the provision of the procedure

HELLENIC LABOUR INSPECTORATE

Service / organizational unit of a authority entity

Department of Labour Relations Inspection Coordination

Provided to

Related links

Notes

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.

Last update

28/02/2024

Application

Application Type

Application

Submission by:

Submitted by the applicant (in person or by post)

Submitted by:

Legal entities

Title

Application for ratification of a working regulation or amendment of a working regulation.

Notes:

The application is filed in duplicate with the relevant Labour Relations Inspection Coordination Divisions (CEFEs) of the Regional Labour Relations Inspection Directorates (Art. 2) of Article 2(2) of Law 3996/2011, Art. 47 BD 134/2017). The local jurisdiction of the CEFEs is defined on the basis of the place where the company is located.

What you will need

Means of authentication, identification and signature

Identification document

    Print

    Requirements

      Fees

        Related




        Output & Results

        Output

        Administrative Act

        Steps

          Digital steps

            Other information

            Alternative titles

            Ratification of a regulation, business regulation, work regulation

            Official title

            Ratification of company work regulations

            Languages supported

            Greek, English

            Legislation

              Categories

              Τype of procedure

              Trigger

              Applied for

              Trigger (submission method)

              Application (handwritten)

              Type

              Outgoing
              J1

              ,,


            • 1 Labour Obligation to draw up a working regulation is to be exercised by undertakings, holdings or work in general, irrespective of their legal form and whether they belong to a natural or legal person, provided that they employ more than 70 persons, but not less than 40 persons.


              No No

            • 1 For the submission and discussion of the labour regulations, a paradox is defined as eighty (80) euros. For the modification of the regulations, a paradox (60) is defined. The above applies to enterprises or holdings employing up to seventy (70) workers. The paradox is issued by the DUs and is deposited in a special account held by the National Bank of Greece for the benefit of the Higher Council of Labour. * Excludes businesses and holdings carried out under or on behalf of the Government. 60 € - 180 €

              Cost Calculation One-off

              Method of Payment Bank cashier, Digital (web banking)

              Type of Cost Administrative Fee (not provided by e-paravolo webpage)

              No

            • 2 For the submission and discussion of the working regulations, a paradox (EUR 300) is defined. For the modification of the regulations, a paradox (100) is defined. The above applies to enterprises or holdings employing seventy-one (71) workers up to a hundred and eighty (180). The paradox is issued by the DU and is submitted to a special account held at the National Bank of Greece for the benefit of the Higher Labour Council. * Excludes businesses and holdings carried out under or on behalf of the State. 100 € - 300 €

              Cost Calculation One-off

              Method of Payment Bank cashier, Digital (web banking)

              Type of Cost Administrative Fee (not provided by e-paravolo webpage)

              Yes

            • 1

            • 3 For the submission and discussion of the labour regulations, a paradox is defined forty-four (EUR 440). For the modification of the regulations, a paradox is defined as a hundred (EUR 150) incorrect. The above applies to enterprises or holdings employing more than one hundred (80) employees. The paradox is issued by the DU and deposited in a special account held by the National Bank of Greece in favour of the Higher Council of Labour. * Excludes businesses and holdings carried out under or on behalf of the Government. 150 € - 440 €

              Cost Calculation One-off

              Method of Payment Bank cashier, Digital (web banking)

              Type of Cost Administrative Fee (not provided by e-paravolo webpage)

              Yes

            • 1

            • 1 Responsible statement 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. Solemn Declaration

              Responsible statement 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.

              Relevant link: https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities

              Relevant Procedure: ΔΔ:265882

              Document submitted under requirements: No


              No 7320

            • 2 Eight (8) copies of the Work Regulation Regulation

              Eight (8) copies of the Work Regulation

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities


              Document submitted under requirements: No


              No 5658

            • Circular 18547 2022

              Description In accordance with the provisions of Law 3779/1957, in compliance with Article 11 of Law 4808/2021 and the Law No 82063/2021

              Legal references 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

              ΑΔΑ 9ΣΕΤ46ΜΤΛΚ-39Γ

            • Ministerial Decision 2, 3 82063 2021 5059 Β

              Description The consultation of the policies referred to in Articles 9 and 10 of Law No 4808/2021 shall take place as follows: a) If the employer's undertaking has an obligation to draw up a Staff Regulations or if it already has, or has to draw up, integrate in this policy text Articles 9 and 10, following the procedure provided for in respect of training or amendment thereof, and includes provisions for disciplinary action, disciplinary procedure and disciplinary action, in accordance with or after complaints of violence and harassment at work. b) If the employer's undertaking does not have an obligation to draw up a Staff Regulations, the draft policies referred to in Articles 9 and 10 of the Staff Regulations, the draft of Articles 9 and 10 shall be subject to collective bargaining in the course of the preparation of an Business Collective Convention, in accordance with the applicable provisions of collective bargaining and harassment.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20210205059

            • Law 11 4808 2021 101 Α

              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.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20210100101

            • Ministerial Decision 2322 2002 371 Β

              Description Establishment of an infringement level for the submission and adoption of labour regulations.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20020200371

            • Legislative decree 3789 1957 210 Α

              Description To amend and supplement certain provisions of Labour Law.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=19570100210

            • 1 Receive an application.

              Responsible for Implementation Competent Employee


              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)

              No No


            • 2 Schedule of application

              Responsible for Implementation Competent Employee


              Description Staff shall register the application and assign a protocol number from PAPYRUS

              No No


            • 3 Transmission of the dossier to a three-member Commission

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description Transmission of the file from the CCCF to the Tripartite Committee of the AD 369/1989, which operates in each regional section.

              No No


            • 4 Set the date of discussion by the Committee

              Responsible for Implementation Collective body

              Μethod of Implementation Manual Action

              Description Defined by the Committee date of discussion

              No No


            • 5 Discussion of the Committee in the presence of the employer

              Responsible for Implementation Collective body

              Μethod of Implementation Manual Action

              Description Discussion and information of the company on the proposed changes.

              No No


            • 6 Re-submission of the Regulation with changes

              Responsible for Implementation Collective body

              Μethod of Implementation Manual Action

              Description After the re-submission of the Regulation it shall be re-checked.

              No No


            • 7 Opinion of the Committee

              Responsible for Implementation Collective body

              Μethod of Implementation Manual Action

              Description Opinion of the Committee and transmission of the dossier to the labour relations inspection department owned by the company's head office.

              No No


            • 8 Control of the regulation and adoption of this Regulation

              Responsible for Implementation Responsible Head of Department

              Μethod of Implementation Manual Action

              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

              Notes 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).

              No Yes


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