The full implementation of the Digital Work Card in retail and industry comes into effect today, Monday 1 July. However, there are also problems, since there are cases where the system “hangs” and the employee’s presence at work cannot be recorded. In fact, in these cases the companies receive a message if the companies are not connected to the digital Work Card system that there is a technical problem, therefore there is no question of penalties.
Specifically, retail and industrial businesses they are required to have and activate a Digital Work Card system for all their employees, who have a dependent working relationship, who are employed with a physical presence in the company’s workplace, including employees employed in the above companies, by obtaining loans .
With the Digital Work Card, real-time monitoring of work time is ensuredfighting against the abusive policies of undeclared overtime and illegal shifts and excess working time.
Therefore, if it is discovered during the control that the employee has started his employment in the construction facilities of his employer, without marking the Digital Work Card, The Labor Inspectors levy fines and administrative sanctions.
The same thing will happen, if the employee is found to have a “false” marking on his Card, and it is alleged that he declares his departure from the company, and, in fact, he is still working, doing undeclared overtime work.
According to the Ministry of Labour, its universal application has numerous advantages for the labor marketas workers’ rights are guaranteed, healthy competition is strengthened and the sustainability of the insurance system is ensured.
At the same time, with the use of the Digital Work Card, as well as transparency in working time, which leads to the right and legal wages, it simplifies the advertising procedures at the same time. “ERGANI II” Information System.
Therefore, for any employer subject to the mandatory implementation of the Digital Work Card, he will have the opportunity, from today, Monday, July 1, 2024, to choose the accounting system for changes in hours, overtime and organization to announce the changes. working time.
Specifically, with article 22 of Law 5053/2023, the possibility was introduced for enterprises that joined the Digital Work Card Mechanism, if they wish, without prior changes or modification of working hours or the organization of working time or overtime, to register before the start of their implementation, which would with a significant bureaucratic burden. Therefore, if companies take advantage of this option, they must:
- Declare by the last day of the current calendar month in the “digital declaration of the choice of advance notice or the accounting system to register changes in working hours, organization of working time and overtime” that they choose, for the following month, to register changes in . working hours or organization of working time and overtime, calculated within the same month.
- Register the relevant changes until the end of the next calendar month from the month of their implementation.
Businesses that have entered compulsorily with the implementation of the Digital Labor Card can only choose a different system each month (advance notification or reporting). But, combined implementation of both systems within the same month is not permitted.
In the case of accounting statements, initial pre-announcement planning is required organizing the working time of employees at companies (eg on a weekly or monthly basis).
It is understandable that the companies/employers who have chosen the accounting system, they have the opportunity, if they wish, to return to the pre-announcement system, but they will still have to enter the “ERGANI II” Information System and confirm it, before the beginning of the calendar month in which they wish to return to. the pre-notification process.
In all cases, not all other businesses are given this accounting possibility have not yet entered into the mandatory implementation of the Digital Work Card and, therefore, will continue to obligatorily declare changes in working time in terms of schedule and organization, as well as overtime.
Users of the accounting system must be careful, because, in the event of a discrepancy between the actual employment and the relevant marks on the Card, the fine prescribed by law is charged to the employer for each employee whose Digital Card cannot be matched as above.
Cases of not marking the Digital Work Card
As indicated in the circular of the Ministry of Labor dated 21/6/2024, although the marking of the Digital Labor Card is an obligation for all employees employed with a physical presence in the company’s workplace, there are cases where it is not. – the marking is considered justified and, in the event of a ruling by the Labor Inspectors, it will not result in sanctions.
These cases are specified as follows:
I. Teleworkers
Currently, the Digital Work Card Mechanism only applies to employees who have a physical presence in the area where the company has its building facilities and, therefore, there is still no obligation for teleworking employees to use the Digital Card mark during the days they work. with the specific system for organizing working time.
Therefore, if the company has submitted a digital organization declaration of working time, in which it appears that, during a specific period of time or on specific working days within the week, the employees are working remotely, non-marking their Card, during the 648/2012 Text relevant to the EEA specific time period or during the specified working days within the week, it is considered justified and does not involve penalties.
However, there is also a situation where some employees want to work in person for a certain period of a day and telework for the rest of the same day.
In the “ERGANI II” Information System, multiple nominations can be made within the same day in the event that a person does not start or finish his work in the same place of employment.
In this case, if eg an employee starts working remotely and completes his work in physical presence at the company’s workplace or vice versa, he must mark the Digital Card when entering and leaving the workplace in physical presence.
II. Special categories of workers who have a non-fixed place of employment, which changes continuously during the day
There are certain categories of workers, based on the nature of their work (eg medical visitors, sales inspectors, traveling salesmen, technicians, drivers, workers who visit their employer’s customers, advertisers, etc.), who do not have a fixed place of employment at them. , but they are forced to move regularly from one place of employment to another during the day.
Given the objective difficulty in marking the Digital Card of these employees at every point where they may be during the performance of their duties, it is appropriate to treat them in the same way as telecommunications employees.
Therefore, the specific categories of employees will not be obliged to mark the Digital Card during the days they work outside the company’s fixed place of employment and move regularly and within the same day from one point to another.
In this case, when there is no Card marking at the beginning and/or end of the employment of these employees who have a physical presence in the company’s building facilities, it will be assumed that they are the working hours for the particular day. the one declared in the PS “TOOL II” daily working hours and not marking their Card during the specified working days within the week will be considered justified and no penalties will be incurred.
If it is found that the employees in question are employed at a point outside their fixed place of work and to be able to demonstrate that the non-marking of the Digital Card at their customers’ premises is considered justified, they should bring them. a copy of their employment contract, as well as a copy of the staff list, from which not only their employer can be found, but also their specialty and place of employment and, therefore, the possibility of not marking their Digital Card can be achieved .
On the contrary, if the employees of those categories have a fixed place of work outside the building facilities of the company/employer, but in a space allocated to the company/employer for its exclusive use, through a lease, eg salesmen of a particular company who work to permanent in another company’s shop-in-shop, company technicians who provide their services permanently at another company’s headquarters, but in space that is leased and used exclusively by another company’s headquarters. for their company/employer, then the obligation to mark the Digital Card is not removed for these categories of employees and it is their duty to mark the Card where they consistently provide their services.
If those employees are found to be employed in physical presence at their company/employer’s fixed place of employment or at a fixed place of employment outside the company/employer’s premises, their Card must be marked on them.
Otherwise, the Labor Inspectorate will impose sanctions.
III. Managers
Employees who hold a supervisory or managerial position or are confidential are usually registered during the digital organization of working time.
In the case of these employees, a declaration must be submitted regarding the change of employment relationship, organization of working time data, as well as filling in the following: Digital organization of working time: (YES) – Work Card: (YES) , but digital there is no need for a timetable and Digital Card start confirmation