Key provisions of L. 5053/2023 transposing EU Directive 2019/1152 on transparent and predictable working conditions in the EU, introducing measures for the simplification of procedures within the ERGANI II platform and improving the functions of the Ministry of Labour and Social Security, as well as the Labour Inspectorate

  1. If the employe is asked to provide his services within EU or in a third country, the employer must inform him/her prior to his/her departure regarding: a) the country or countries where he/she will provide his/her work and its expected duration, b) the currency of wages to be paid, c) allowances or benefits, in cash or in kind to be paid associated with the assignment of work and d) information on whether repatriation is foreseen and its conditions, if applicable.
  2. If the employee is posted to an EU country, the employer must inform him/her, in addition to the above, regarding: a) the entitled remuneration according to applicable legislation of the member state where he/she will provide the work, b) the allowances related to the posting and the arrangements for the reimbursement of travel, food and accommodation expenses (if provisioned) and (c) the official national website of the host Member State, in which the employee is to provide his/her work, through which he/she can be informed of the terms and conditions of employment applicable to posted employees. The Law provides for the possibility of employees to provide work to another employer beyond the eight-hour period. Specifically, within a 24-hour period, it is possible to work full-time (8 hours) and part-time to a second employer, limited to a maximum of 5 hours (i.e. a total of 13 hours of work). This is because the legislator requires a minimum of 11 hours of continuous rest for the employee, which is binding. Therefore, clauses prohibiting the provision of work to another employer outside working hours cannot be imposed and are invalid unless justified by objective reasons (e.g. competitive work, a risk for the safety and health of the employee, etc.).

 

Author,

Eirini Chamiti,

Lawyer, LL.M.

 

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