With double options, giving employers the opportunity to opt out of the application, the Digital Card in Industry and Retail, which applies to around 600,000 employees, is officially visible from 1 July.
Digital Postcard:
From today, July 1, at:
• Industrial & Retail
From Autumn ’24: Tourism and catering
The fines
A fine of €10,500 for:
-Not punching a card while you work
-Operation with exit card punch
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After the implementation of the measure in banks, large supermarkets, insurance companies, security companies and DEKO, the Digital Work Card is fully implemented on July 1, 2024 in retail and i industry, which is already included in the measure from January 1, 2024. Based on the planning, from the Autumn of 2024, it is expected that the Digital Work Card will be extended to the tourism and catering sectors.
Speaking recently to APE-MPE, the Minister for Labor and Social Security, Niki Kerameosdeclares that the full implementation of the Digital Labor Card in the industrial and retail sectors is an important step for the daily working life of our country and the correct implementation of the labor law.
As he says, “within a business environment, which is experiencing significant growth, it is important to protect the rights of employees, improve their daily working life and ensure the full payment of their accruals, while ensuring healthy conditions of competition between businesses at the same time. With the Digital Work Card, the phenomena of undeclared and implied work and tax evasion are combated, which mainly affect employees and established businesses and undermine the viability of the country’s insurance system. The measure is already successfully applied to employees of banks, large supermarkets, insurance companies, security companies and DEKO and will be gradually extended to all businesses in the country”.
What does it matter
Now, it is the duty of the companies in question to have and activate a Digital Work Card system for all their employees, who have a dependent work relationship, who are employed with a physical presence in the company’s workplace, including the employees employed in the above companies, through. fishing.
The Digital Work Card ensures real-time monitoring of working time, combating abusive undeclared overtime policies 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 being marked with the Digital Work Card, the Labor Inspectors charge administrative fines and 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, the universal implementation of the labor market has numerous benefits, as it guarantees the rights of workers, strengthens healthy competition and ensures the sustainability of the insurance system.
At the same time, with the use of the Digital Work Card, as well as transparency in working time, which leads to the correct and legal wages, it simultaneously simplifies the advertising procedures in the “ERGANI II” Information System.
Therefore, in relation to any employer subject to the mandatory implementation of the Digital Work Card, he will have the opportunity, from 1/7/2024, to choose the accounting system to announce changes to hours, overtime and the organization of working time.
Specifically, with Article 22 of Law 5053/2023, the possibility was introduced for businesses that joined the Digital Work Card Mechanism, if they wish, without registering changes or modification of working hours or organization of working time in advance. or overtime, before the start of their implementation, which will remove a significant bureaucratic burden.
Therefore, if companies take advantage of this option, they must:
a) Confirm until the last day of the current calendar month “digital confirmation regarding the choice of advance notice or accounting system to register time changes, organization of working time and overtime” that they choose, for the following month, to register the changes in working hours or the organization of working time and overtime, accounting within the same month.
b) 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). However, combined implementation of both systems within the same month is not permitted.
In the case of accounting statements, there is a need for initial pre-announced planning of the organization of the employees’ working time by the companies (eg on a weekly or monthly basis).
It is understood that the businesses/employers who chose the accounting system, 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 start of the calendar. the month in which they want to return to the pre-announcement process.
In any case, this accounting possibility is not given to all other businesses that have not yet joined 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. over time.
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, sanctions will be imposed by the Labor Inspection.
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.
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