GREECE Trends and Developments Contributed by: Maria Antoniadou and Sofia Chrysakopoulou, Machas & Partners
In Greece, labour law has evolved dynamically, in response to historical, political and economic shifts. It has transitioned from a common and civil law-based system to a modern, multilayered regulatory frame - work. Today, in the post-memorandum era, following a long period of significant changes that have profound - ly affected labour relations, labour law seeks to adapt to new socio-economic and technological challenges without compromising its core mission – namely, the protection of human labour and the improvement of the working environment. The following are sev - eral noteworthy legislative provisions that have con - tributed to the digital organisation of working time, enhanced labour flexibility, and fostered the principles of equality and equal treatment, proportionality and transparency. Provisions on Remote Work (Teleworking) In Greece, teleworking was introduced as a special form of employment by Law 2639/1998. Under Law 3846/2010, the European Framework Agreement for Telework of 16 July 2002 was incorporated into nation - al law and established the general framework for its operation. In the wake of the COVID-19 pandemic and the serious issues that have arisen in the workplace, teleworking has emerged as a particularly useful tool for both the employee and the employer. The working conditions that arose due to the spread of COVID-19 made it necessary to specify how teleworking should operate, with further legislative adjustments, particu - larly regarding the costs it entails for the employee and the preservation and protection of the employee’s rights. These issues were regulated by Article 67 of Law 4808/2021, which provided the following defini - tion of teleworking: the provision of dependent work remotely using technology, under any type of employ - ment contract (full-time, part-time, rotational or other forms of employment), which can be provided from the employer’s premises. Teleworking is typically implemented through an explicit written agreement between the employer and the employee, either at the time of hiring or during the employment relationship, by means of an amend - ment to the original employment contract. Given that such an agreement constitutes a material term of employment that is binding on both parties, it is essential that the employer’s right to revoke telework
or amend its terms (eg, transition to a hybrid system or telecommuting) be clearly stated in writing to avoid any unforeseen unilateral changes to the employment terms. Telework may not be unilaterally imposed, except in specific circumstances relating to health and safe - ty (Article 67 of Law 4808/2021) or as a protective measure against workplace violence or harassment, where telework is deemed necessary to safeguard the employee’s physical and mental health (Article 19 (3) of Law 4808/2021). In terms of working conditions, teleworkers benefit from the same rights guaranteed by applicable leg - islation and the collective agreements applicable to comparable workers within the company’s premises, regarding: • workload; • assessment criteria and procedures; • rewards; • access to information concerning the company; • training and professional development; • trade union membership; • trade union activity; and • unimpeded and confidential communication with trade union representatives. In teleworking, the concept of “working time” takes on a different meaning from that of conventional work. Unlike the standard workplace in the company, where it is easy to ascertain the employee’s exact working time, in teleworking there is no certain way of know - ing whether the teleworker has worked their normal working hours, whether they have worked on Sun - days, bank holidays or evenings, or even whether they have worked overtime. Because of these complica - tions, the employment contract should contain explicit reference to the time limits of telework and the condi - tions under which telework is to be provided, and it should be made clear to the worker that they have the right to disconnect after the end of working hours. When monitoring teleworkers’ compliance with the terms and conditions of employment, the employer must respect the teleworker’s privacy and exercise control in a manner consistent with the protection of personal data.
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