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

From National Registry of Administrative Public Services
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|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
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|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
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|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

Revision as of 12:34, 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

Businesses, Employers

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 the ratification of a work regulation or amendment of a work regulation.

Notes:

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.

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

              Validations

              Trigger

              Applied for

              Trigger (submission method)

              Application (handwritten)

              Life events

              Business establishment and operation, Staff employment

              Type

              Outgoing
              J1

              ,,


            • 1 Labour 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.


              No No

            • 1 For the submission and discussion of the labour regulations, an administrative fee of eighty (80) euros is established. For the modification of the regulations, an administrative fee of sixty (60) euros is established. The above applies to enterprises or holdings employing up to seventy (70) workers. The administrative fee is issued by the Tax Office and is deposited in a special account held by the National Bank of Greece for the benefit of the Higher Council of Labour.
              • Businesses and operations carried out under or on behalf of the Greek State are excluded.
              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 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.
              • Businesses and operations carried out under or on behalf of the Greek State are excluded.
              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 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. 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 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. Solemn Declaration

              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.

              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 company Work Regulation Regulation

              Eight (8) copies of the company 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 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.

              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 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. (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.

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

            • Law 11 4808 2021 101 Α

              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.

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

            • Ministerial Decision 2322 2002 371 Β

              Description Fixing the amount of the fee 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 On amending and supplementing certain provisions of the Labour Law.

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

            • 1 Receipt of application

              Responsible for Implementation Competent Employee


              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.

              No No


            • 2 Filing of application

              Responsible for Implementation Competent Employee


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

              No No


            • 3 Forwarding of the dossier to a Three-member Commission

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              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.

              No No


            • 4 Setting a date for discussion by the committee

              Responsible for Implementation Collective body

              Μethod of Implementation Manual Action

              Description Date of discussion shall be set by the Committee.

              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 briefing of the business on the proposed changes.

              No No


            • 6 Re-submission of the Regulation with amendments

              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 that belongs to the companys head office.

              No No


            • 8 Control 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 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.

              No Yes


            • APR - Communication
              • Retrieved from "https://en.mitos.gov.gr/index.php?title=ΔΔ:Ratification_of_company_labour_regulation&oldid=67630"
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