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The dismissals of permanent work contracts, will be declared electronically and justified

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Circular of the Ministry of Labor for terminating open-ended employment contracts – Sharp reaction employers

In ERGANI and special application will be declared in the following dismissals with permanent work contracts, which now, They should be justified…..

A circular of the Secretary General Andreas Labor Ministry Nefeloudi, Today will be upgrading the information system ERGANI Form E6Termination indefinite employment contract (with or without notice).

As stated in Circular, added new field stating the valid reason for termination of employment contract of indefinite duration, who will be selected from a list of values ​​that gives three options, as defined by Article 24 the Revised European Social Charter, ratified by the article 1 of Law. 4359/2016 (A’ 5) as follows:

• Ability worker during the performance of work.

• Behavior of the employee.

• Functional requirements of enterprise.

This indicates that the company will announce a hangover, will necessarily note and one of the three reasons why the decided.

Recall that the new framework of layoffs force since 17 May 2019 and described in article 48 of Law. 4359/2019, which provides that:
"The termination of the employment relationship is considered valid only if it is due to reasonable cause, within the meaning of Article 24 the Revised European Social Charter, ratified by the article 1 of Law. 4359/2016 (A’ 5), It has been written, He has paid the compensation due and registered employment of redundant of records for EFKA (t. Ika) wage or the redundant secured.

In cases of dispute, weight invocation and proof of fulfillment of conditions valid complaint rests with the employer '.

The reference to Article 24 the Revised European Social Charter means that a valid reason for dismissal should be sought "in the capacity or conduct of the worker and the operational requirements of the business, installation or service '.

Spikes from BSE
Note that the new regime of redundancies has caused the BSE reactions, who returned yesterday with new sharp statement, which refers to "another Greek originality".

Specifically, notes that 'Article 48 hereof, defines anew the conditions of a valid termination of an employment relationship. Specifically, προστίθεται ως όρος για την εγκυρότητα της καταγγελίας της σύμβασης εργασίας η συνδρομήβάσιμου λόγου κατά την έννοια of the article 24 the Revised European Social Charter”, beyond compensation, document type, and the employee insurance.

So, The “βάσιμος λόγος and compensation longer valid in Greece cumulative and not alternative. Nevertheless, within the meaning of the Revised European Social Charter, the compensation and valid reason cumulatively provided, but only alternative ".

By that definition, according SEV, the compensation, or other appropriate remedy, it is a right in the event of termination without cause, or when the valid reason to pay approved. This, as explained competently, It is based on the model protection in countries which provide an objective complaint system.

Applicable in most member states of the Council of Europe, whose tradition of fair dismissal affected the wording of the guarantees in the Charter.

also, with the new provision the employer bears primary weight to rely on reason and prove. These changes were introduced while the Greek law on protection complaint was, already, fully compatible with the requirements of AnEKCh.

perhaps, They say the Association, the combination of case-law and legislative protection to have made and complete in terms of effective protection.

Furthermore, with the new layout completely overturned the original purpose of the law for short prescription periods shall be given priority.

This is because time limits are suspended to the time lag between the submission of an application of the employee to the relevant department of the APR to be compiled, in probably very long time, The likely practical.

"Nevertheless", is added to the communication, "In general, and for practical reasons, the differences from the termination of the employment contract should be resolved immediately because of various issues related to these (debt arrears wages etc.). Greece has converge to international and European standards and not systematically deviate from them ".

"The reform of the dismissal law in Greece, capitalizing the letter and spirit of Article 24 the AnEKCh, and the simplification and codification remain a necessary reform to liberalize the recruitment and the creation of new jobs', SEV ends.
"Naftemporiki" From the print edition

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