From the 29th of the month, the obligation of employers to register in the form E8 of the ERGANI system, overtime according to a decision of the Ministry of Labor, ceases to exist.
The decision to suppress the declaration of overtime, is due – according to the persons in charge – to the fact that in any case it was and is part of the legal calendar.
However, the obligation to announce overtime is maintained.
It is recalled that in companies, in which conventional working hours are applied up to 40 hours per week, the employee can be hired 5 additional hours per week at the discretion of the employer (overtime).
Overtime (41st, 42nd, 43rd, 44th, 45th hour) is paid with the paid hourly wage increased by 20% and is not included in the authorized limits of 150 statutory overtime hours per year.
For employees working six days a week, overtime amounts to eight hours a week (from the 41st to the 48th hour).
Work of managers
The same decision sets out the criteria to be applied by the supervisory authorities in order to determine whether a civil servant is a manager and can be exempted from the legislation on part-time work.
With these provisions, combined with the provision according to which the manager’s capacity must be explicitly agreed in the employment contract and declared to the âERGANIâ PS, the control bodies can be led to transparent and objective crises, while the employers and employees gain a clear picture of the rights and obligations of managers at all levels.
According to the decision, employees in a supervisory or managerial or confidential position are considered to be those who:
a. Exercise the employer’s right of direction vis-Ã -vis other company employees or
b. Represent and engage the company with third parties or
vs. They are members of the board of directors or the corresponding governing body of the employer or
D. Are shareholders or partners holding more than 0.5% of the employer’s voting rights
Employees who are heads of departments, units or departments or other independent units of the employing company identified in its organization chart, which entrusts them with the supervision of part of its continuous, intermittent activities are also considered as executives. or extraordinary, but still essential. operating, if it is not less than six times the legal minimum wage.
Finally, those who are paid with at least eight times the legal minimum wage are also referred to as supervisory, management or trust executives. The above information, as mentioned above, must result from the explicit clauses of the employment contract and be declared in the ERGANI information system.
Employees who do not have the above qualifications are not allowed to work overtime without legal formalities and without receiving additional remuneration for overtime and overtime, off-site compensation, as well as overtime or night work on Sundays and public holidays.
In addition, the modalities of electronic submission of the competence forms of the Labor Inspection Body (SEPE) and the Labor Employment Organization (OAED) are modified, for the following questions:
From November 29, employers who employ truck and tourist bus drivers, as well as KTEL Intercity and Urban buses which employ bus drivers, are required to:
a) register in the form E4 (additional schedule) in the PS. INSTRUMENTS any change or modification of the working hours or the organization of the working time of these employees within the fifteen days following the end of each weekly working period.
b) register in the form E8 (Announcement of legal overtime) with the PS. INSTRUMENTS the legal use of overtime for these employees within fifteen days of the end of each weekly working period.
Â· Concerning the submission of forms concerning employees, including the deadline for submission to the PS. ERGANI expired before 6/19/2021, only their handwritten late filing is allowed, but with a corresponding application of the penalties provided for by the legislation in force on late filing, when provided for.
The filing of forms E3, E5, E6 and E7 concerning employees, who became late between the period from 19/6/2021 to 29/11/2021, is only authorized once and exceptionally by electronic filing in PS INSTRUMENTS from 11/29/2021 until 12/20/2021. For this late filing, the penalties provided for by the legislation in force apply.
Â· The submission of forms E3, E5, E6 and E7 concerning employees, who became late as of 11/30/2021, can only be done electronically and in one go.
Â· Concerning the filing of forms E3.1, E3.2 and E3.3 concerning beneficiaries / internship / apprenticeship, who arrived late, their electronic filing is authorized, without penalty.
Â· Concerning the submission of forms E3.4 and E3.5 concerning beneficiaries / internship / apprenticeship, which have become late, their electronic submission is authorized, but with a corresponding application of the penalties provided for by the legislation in force.