November Suspensions: Who Didn’t Get Paid – When Will They Get Compensation?



Yesterday, Friday, usually on the last day of payment, some suspended employees saw that their accounts were not being credited allowance, which raised them questions and concerns.

According to Anna Kastrinaki, there are categories of workers who have not received compensation because of employer mistakes, or because of double suspensions, or because some who were suspended for the first time in November did not apply. All these categories receive the allowance from 11 to 12 December, said the Secretary General.

What applies to the suspension of December contracts

Meanwhile, clarifications on the suspension of workers’ employment contracts with private sector companies-employers in December provide a Joint Ministerial Decree (JMD) signed by Labor Minister Giannis Vroutsis and Deputy Finance Minister Theodoros Skylakakis.

The JMC offers:

Suspension of employment contracts of employees with private sector companies-employers, the operation of which has been suspended by decision of a public authority for the month of December 2020.

Employer companies that are obliged to suspend the employment contracts of their employees

1- The companies-employers of the private sector throughout the territory, whose operation of their headquarters or branches has been suspended, on the order of a government agency, based on an activity code number (KAD), defined by the Ministry of Finance, according to the relevant Annexes to the JMC, for the duration of this mandate, compulsorily suspend the employment contracts of their employees hired until 4 November 2020 or compulsorily extend the suspension of their employees’ contracts, which have already been suspended, for the month of December.

2- The employment contracts of the employees in the specific companies-employers who have submitted an application responsible phase statement for the inclusion of their employees in the Mechanism “COOPERATION” of Article 31 of Law 4690/2020 (AD 104) in the Information The “ERGANI” system for the month of December is compulsorily suspended for as long as this mandate lasts and therefore the companies-employers must first make a change / correct repetition of the above application responsible statement.

3- a) The fixed-term employment contracts of employees in the aforementioned employers ‘enterprises that expire after the date of suspension of the operation of the employers’ enterprises by order of a public authority, are compulsorily suspended. After the expiry of the suspension period, the employment contracts are continued for the agreed remaining time. This obligation does not exist where there is an objective impossibility to comply, as in the case of companies which, due to their form, type or activity, have a specific business time.

b) The fixed-term employment contracts of the workers in this category of enterprise-employers subsidized by the “open program of 100,000 new subsidized jobs” of Article 28 of Law 4726/2020 (AD 181) are compulsorily suspended, by way of derogation of paragraph 7 of article 5, with house number 39539/996 / 30.9.2020 (BD 4261) of the Joint Ministerial Decree and the provisions of circumstance a of this paragraph apply.

4- a) The above companies-employers may, for the cases of activities considered by KAD to be exceptional from their work ban, place workers whose contracts of employment have not been suspended, into remote employment, when possible be provided in this manner, by Until the first ten days of the following month, submit the “Form 4.1 Declaration of Remote Work – Special Purpose of Article 4 (2) of the PNP (ΑΔ 55 / 11.03.20)” in Π .Σ. “ERGANI” from the Ministry of Labor and Social Affairs.

b) The companies-employers of paragraph 1 of this article may hire employees, using the program “open program of 100,000 new subsidized jobs”, only for the cases of activities that are exceptional from the prohibition of their operation, based on KAD. The employment contracts of these employees cannot be suspended and the provisions of paragraph a of this paragraph apply.

c) The companies-employers referred to in paragraph 1 of this article may, for the activities exempted from their work prohibition, based on KAD, make a responsible statement for the suspension of their employees’ employment contracts or as companies whose operation has been suspended by order of a government agency or as affected, as defined for the enterprises whose operation has been suspended by order of a governmental agency in paragraph 7 of this article and for the affected enterprises in paragraphs 1 and 2 of article 2 of chapter B.

5- Employers-employers of paragraphs 1 and 2 of this article may temporarily withdraw the suspension of employment contracts of their employees to meet extraordinary, temporary, urgent and inelastic needs, in the context of the treatment of coronavirus COVID-19.

6- The companies-employers referred to in paragraph 1 of this article as long as their employees’ contracts are suspended and in any case until December 31, 2020, are obliged not to make any reduction in staff due to the termination of the employment contract and, in the event of realization, it is invalid.

Suspension of employee employment contracts with affected private sector employers for the month of December 2020

Employers who can suspend their employees’ employment contracts:

1- The affected private sector companies-employers, on the basis of KAD, defined by the Ministry of Finance, according to the relevant annexes of this JMC, may be authorized during the month of December for a maximum period of up to 30 days and, however, not more than from December 31, 2020:

a. suspension or extension of the suspension of employment contracts of their employees, which have already been suspended, under the relevant provisions related to dealing with the consequences of the risk of spreading the COVID-19 coronavirus or

b. suspend for the first time the employment contracts of all or part of their employees that have been hired until 4 November 2020.

2- The above companies-employers can apply the measure of suspension of employment contracts gradually and for a different number of employees, up to a percentage of 100% of them, per responsible declaration of the company to the PS. “INSTRUMENTS”.

3- The companies-employers of paragraph 1 of this article who make use of the measure of suspension of the employment contracts of their employees in a percentage of 100% of them, can also cancel the employment contracts of subsidized employees of the program ‘open program of 100,000 young people from subsidized jobs ”of article 28 of law 4726/2020 (AD 181), by way of derogation from paragraph 7 of article 5 of with house number 39539/996 / 30.9.2020 (BD 4261) Joint ministerial decree.

4- The employment contracts of the employees in companies-employers of par. 1 of this article who have submitted an application responsible phase statement for the inclusion of their employees in the mechanism “SYN-ERGASIA” of Article 31 of Law 4690/2020 (AD 104) in the PS “ERGANI” for the month of December can be suspended and the companies-employers must first make an amendment / correct iteration of the above application responsible statement.

Invalidity of termination of employment contracts – Retention clause – Employment contracts for a definite period – Withdrawal of suspensions of employment contract

1- The companies-employers referred to in paragraph 1 of article 1 of this chapter, as long as their employees’ contracts are suspended and in any case until December 31, 2020, are obliged not to implement a staff reduction with termination of the employment contract and, in case of creation, it is invalid.

2- The companies-employers referred to in paragraph 1 of Article 1 of this chapter who make use of the measure of suspension of employment contracts, for the month of December, are obliged to keep the same number of jobs after the end of the suspension of employment contracts. and with the same type of employment contract, for a period equal to the period of suspension of the employment contracts of these employees. For the calculation of the time interval, if the employment contracts of the employees are suspended at different intervals, the total period during which the employers-employers have made use of the suspension measure is taken into account.

This obligation does not exist where there is an objective impossibility to meet it, as in the case of companies which, due to their form, type or activity, have a specific business time.

The concept of the same number of jobs does not include those who leave their jobs voluntarily, those who retire due to retirement or death, nor fixed-term workers whose employment contracts expire during the above period.

3- The suspension of fixed-term employment contracts of employees at companies-employers of paragraph 1 of Article 1 of this chapter, which were previously suspended, may be extended for a maximum of 30 days and no later than 31 December 2020 Fixed-term employment contracts for employees that have been adopted up to and including 4 November 2020 can also be suspended for the first time or again.

In any case, after the expiry of the period of suspension or extension of the suspension, the aforementioned employment contracts will be continued for the agreed remaining time. This obligation does not exist where there is an objective impossibility to meet it, as in the case of companies which, due to their form, type or activity, have a specific business time.


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