GREECE Trends and Developments Contributed by: Maria Antoniadou and Sofia Chrysakopoulou, Machas & Partners
Right to disconnect The most significant reform introduced by Article 67 (10) of Law 4808/2021 is the establishment of the right to disconnect. This refers to the employee’s right to disengage after working hours, during legally estab - lished leave or justified absences, meaning that they are not obliged to communicate digitally and respond to phone calls, emails or any form of communication. Any discrimination against a teleworker for having exercised the right to disconnect is prohibited. The technical and organisational means to ensure that the teleworker is disconnected from digital communica - tion and work tools constitute mandatory terms of the telework contract and are to be agreed between the employer and the representatives of the workers in the company or undertaking. Where there is no agreement, the above terms are determined by the employer and notified by it to all employees. Teleworking costs Pursuant to Article 67 (4) of Law 4808/2021, the employer is obliged to cover the costs incurred from teleworking, including: • the cost of equipment, unless it is agreed that the employee will use their own equipment; • telecommunication expenses; • technical support; • maintenance of equipment and repair of damages (including damages to the employee’s personal devices, unless otherwise agreed in the employ - ment contract); and • the cost of using home space. In particular, Ministerial Decision No 98490/02.12.2021 sets the minimum monthly compensation for telework - ing as follows: • EUR13 for the use of home space; • EUR10 for telecommunication costs (internet/ phone), unless the employer covers these directly through a separate contract with the relevant ser - vice provider (mobile or landline); and • EUR5 for equipment maintenance, unless the equipment is provided and maintained by the employer.
If teleworking is performed for fewer than 22 days per month, the employer pays 1/22 of each cost per actual teleworking day, excluding days on which the employee did not telework. Health and safety The employer must inform the teleworker of the com - pany’s policy on health and safety at work, including: • the specifications of the teleworking area; • the rules for the use of visual display screens; • taking breaks; • the organisational and technical resources for the provision of teleworking; and • any other necessary information. The teleworker is required to comply with legislation on health and safety at work and to not exceed their working hours. When a teleworker works remotely, it is presumed that the telework area complies with the above specifications and that the teleworker complies with the health and safety rules. Notification of teleworking terms (within eight days) From the commencement of teleworking, the employ - er is required to inform the employee of the minimum content and conditions governing telework. Notifi - cation may be provided by any appropriate means, including email. In practice, this is typically done either individually through the employee’s contract, or collectively via posting on the corporate intranet or through distribution of the company’s teleworking policy. The following information must be communicated to the employees: • the right to disconnect; • an itemised breakdown of additional teleworking costs and the method of reimbursement; • the equipment provided, the scope of technical support, and any usage restrictions or penalties for breach of conditions; • if on-call telework availability is agreed, the appli - cable availability hours and expected response times;
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