GREECE Trends and Developments Contributed by: Maria Antoniadou and Sofia Chrysakopoulou, Machas & Partners
ent employment. The digital card system is directly connected and interoperable with the “ERGANI II” Information System in real-time, while the actual work - ing time is recorded through the digital work card. The following sectors are already covered by the mechanism: • banks with more than 250 employees; • supermarkets with more than 250 employees; • insurance providers; • security and protection service providers; • public utility companies; • the industrial sector; • retail trade; • tourism; and • catering services. In addition, from 26 June 2025 until 3 November 2025 (date of mandatory inclusion) businesses engaged pri - marily in the following sectors have been included in the system on a pilot basis: • the supply of electricity, natural gas, steam and air conditioning; • wholesale and retail trade, and the repair of motor vehicles and motorcycles; • financial and insurance activities; and • administrative and support service activities. The practical importance of this process is that by marking the digital work card the start and end of the daily working hours, work breaks, any excess of the legal working hours, etc, are proven in real-time in the “ERGANI II” system, so that in the event of a discrep - ancy between the actual employment and the relevant marking on the card – which can be established after a relevant on-site inspection by the Labour Inspectorate – sanctions may be imposed in the form of adminis - trative fines for each case of non-compliance. If it is found that an enterprise has not activated the system, despite being subject to the obligation, an adminis - trative fine of EUR10,500 per employee for whom the digital work card has not been activated is imposed. It is noted that the proper implementation of this system has considered all the specific features of labour relations, in such a way as to not disrupt the
proper functioning of enterprises. Thus, according to an explicit legal provision, the compulsory recording of working time applies only to employees physically present on the employer’s premises. Therefore, the following are excluded from the appli - cation of the digital card. • Executive personnel – ie, employees in supervi - sory or managerial positions – who are exempted because of their position from the working time limits (see also the Washington International Con - vention No 1 of 1919, ratified in Greece by Law 2269/1920). Although such employees must be registered within the digital working time organisa - tion, they are not required to declare working hours or to use the digital work card to register start and end times. • Employees working remotely (teleworkers), although the employer remains obliged to regis - ter their working time digitally in the “ERGANI II” system. It is noted that employees who work under a mixed system (telecommuting) are not required to mark the digital card only for the days they work remotely. • Employees without a fixed workplace, such as pharmaceutical sales representatives, travelling salespersons, technicians, drivers, employees visiting their employer’s clients, for the days they perform work outside the employer’s premises. Travelling salespersons (for example), given that they are predominantly employed outside the employer’s premises, are required to carry a copy of their employment contract as well as a copy of the staff list (Form E4). • Employees working for third-party service provid - ers or contractors are not required to use the digital work card when they perform work on the prem - ises of a client company. • Agricultural workers, fishermen and workers engaged in construction activities. • Lawyers with a fixed salary. An important feature is the express provision for the use of the digital card by loaned employees – ie, by employees working under a loan agreement, whereby they are subject to the same compliance obligations as the staff of the undertaking user. Accordingly, if the
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