GREECE Law and Practice Contributed by: Nikolas Sigkridis, Semina Zavitsanou, Chrysa Kalantzi and Yannis Ragos, POTAMITISVEKRIS
5.3 Other New Manifestations Law 4808/2021 introduced a dedicated regulatory framework for platform-based work in Greece, align - ing with European standards and addressing emerg - ing forms of employment. Although the platform and the service provider could be connected either by an employment agreement or a services agreement, the contract is presumed to be a services agreement if the services provider cumula - tively has the following rights based on the contract: • the right to use subcontractors or substitutes to provide the services he/she has undertaken to offer; • the right to choose the various projects that the digital platform proposes for him/her to undertake, or to unilaterally set the maximum number of such projects that he/she will undertake at any given time, which may change, provided that it is always determined unilaterally by him/her; • the right to be employed or provide services to other platforms, including rivalries of the contract - ing platform; and • the right to determine his/her provision of working time of services. Self-employed service providers have the right to form trade unions, engage in collective bargaining, and conclude sui generis collective agreements. It is worth mentioning that the first collective agree - ment in Greece’s digital platform sector was recently signed between a leading digital platform and a union of self-employed couriers. This pioneering arrange - ment may serve as a model for future self-regulatory efforts between platforms and their partners, laying solid foundations for the further institutionalisation of the gig economy in Greece. Digital platforms – regardless of the nature of the agreement between them and the services providers – have the same health and safety obligations as if they were their personnel.
A ministerial decision is expected to be published regulating specific health and safety requirements in relation to remote work. Data Protection Remote work does not alter data protection obliga - tions. The GDPR, Greek Law 4624/2019 and relevant decisions, guidelines and other acts issued by the Hellenic Data Protection Authority (HDPA) shall apply. Decision No 32/2021, Guidelines No 2/2020 on Meas - ures for Security in the Context of Remote Work, and Guidelines No 1/2021 on the Application of Personal Data Protection Rules in the Context of Remote Work have been issued by the HDPA, providing general guidelines specifically for remote work. Regarding assessment of employee performance, the use of webcams for this purpose is prohibited. Social Security Contributions Remote workers are insured for both main and sup - plementary pensions in the same manner as employ - ees who work on the employer’s premises, without Sabbatical leave is not provided for under Greek labour legislation. However, it is recognised in the leave policies of many companies, particularly mul - tinational ones. Under applicable Greek legislation, unpaid leave of absence for a period of up to one year may be grant - ed by written agreement between the employer and employee. This period of time can be extended by a new agreement between the parties. During this leave, the employment relationship is suspended by law, and the employer is not required to pay social security contributions. The time spent on unpaid leave is con - sidered service time for the purposes of rights and obligations under the employment agreement. Upon the conclusion of the unpaid leave, the employee has the right to return to their last position. any differentiation. 5.2 Sabbaticals The employer is obligated to submit the mutually signed unpaid leave agreement to the ERGANI infor - mation system of the Ministry of Labour, as well as to the public social security institution, e-EFKA.
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