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Reopening Tourism: What applies to the re-employment of seasonal workers, when their contract is suspended

What applies to the re-employment of seasonal workers, when their contract is suspended and they are entitled to special compensation, when the suspension of a contract is revoked depending on the fullness of the hotels…….

What the circular defines
This circular provides clarifications for the implementation of Chapter A of the JMC no.. 23102/477/12-6-2020 (Second 2268).

The new JMC for seasonal workers has been published, which describes the details of contract suspension and detailed financial support measures………
So according to, with the provisions of Chapter A of no. 23102/477/12-6-2020 JMD:

A) i) a) employers-businesses of main and non-main hotel and tourist accommodation, seasonal operation, reopening during the summer tourist season 2020, are required to re-employ the same number of employees who have been employed on average during the previous two years. (2018-2019) and in any case the employees who were employed during the summer tourist season of the year 2019 and continue to want to work for the same employers. This obligation also applies to those employees who did not in any way express their intention to be re-employed by the same employer until the date of reopening of the company during the current tourist season..

b) employers-tour bus companies, seasonal operation, reopening during the summer tourist season 2020, during their reopening they are obliged to re-employ the same employees who were employed during the summer tourist season of the year. 2019 and continue to want to work for the same employers. This obligation also applies to those employees who did not in any way express their intention to be re-employed by the same employer until the date of reopening of the company during the current tourist season..

Recruitment is carried out by submitting the relevant E3 form: “Single Recruitment Announcement Form (E3 Recruitment Announcement and E4 Complementary Table of New Recruitment Personnel) at PS "ERGANI".

ii) a) The employers-companies of par. i) this, reopening in the months of June – July- August- September, may suspend the employment contracts of part or all of the staff of their company from the date of their re-employment and in any case until 30/9/2020, regardless of the duration of their employment during the previous period.

b) The workers, whose employment contracts are suspended as above, are beneficiaries of the special purpose compensation of its thirteenth article by 14.3.2020 Legislative act (A’ 64), as ratified by the article 3 of Law. 4682/2020 (A’ 76), provided that these employees do not have another employment contract with another employer.

c) It is pointed out that employees in employers-companies of par. i) this, which will reopen in the months of June – July – August – September, become beneficiaries of special purpose compensation, for the period 1/6/2020 until the date of reopening of the business, in accordance with the procedure provided for in cases A and B of the article 4 of Chapter A of the above JMC.

For example:
I. Employee compulsorily re-employed in an employer-company eg tourist accommodation for seasonal operation of par.. i) this, reopening in 25 June, submits a unilateral responsible statement for the period from 1/6/2020 until 24/6/2020, in accordance with the provisions of Article B 4 of Chapter A of the above JMC.

From 25/6/2020, date of reopening of the seasonal tourist accommodation and in any case after the re-employment of the said employee, responsible for submitting a declaration of suspension of the employment contract of the employee in the PS. "ERGANI" is the employer, that is, the tourist accommodation. This means that now the employee after 25/6/2020 does not submit a unilateral responsible statement. The employer may, for the said employee, either suspend his employment contract or employ him by submitting the E4 form-supplementary schedule to PS "ERGANI".

In case the above operation of the example reopens in 15 July 2020 the employee with the right of compulsory re-employment will submit to the PS. "ERGANI" two unilateral responsible statements, one for the period from 1/6/2020 until 30/6/2020 and one for the period from 1/7/2020 until 14/7/2020.

d) In the case of employers- businesses of par. i) of this reopening decide to terminate their work permanently earlier, before the end of the summer tourist season, due to the consequences of the corona phenomenon, the employees who were employed p’ they become beneficiaries of the special purpose compensation, for the period from the final cessation of operations of the company to 30/9/2020. In this case, the procedure for submitting the relevant one-sided responsible statements of employees is followed, in accordance with the provisions of Article B 4 of Chapter A of the above JMC.

iii) Employers-companies of case i) of the present suspending the employment contracts of part or all of the employees their, as the case may be ii) this, are obliged not to terminate their employment contracts within the period of 1/6/2020 until 30/9/2020 and in case of their realization, these complaints are invalid.

B) i) a) Employers-companies of main and non-main hotel and tourist accommodation, reopening during the summer tourist season 2020 Kand suspend workers' employment contracts as above, make a final revocation of the suspension of the employment contracts of part or all of the employees, based on the company's occupancy rate, gradually as follows:

i) by completing 20% of completeness, final revocation of his suspension at least 1/3 of the employment contracts of the above employees,

ii) by completing 50% of completeness, final suspension of at least his suspension 2/3 of the employment contracts of the above employees,

iii) by completing 80% of completeness, final revocation of suspension of all employment contracts of the above employees.

b) Employers-companies of tourist buses, seasonal operation, reopening during the summer tourist season 2020 and suspend workers' employment contracts as above, make a final revocation of the suspension of the employment contracts of part or all of the employees, depending on their functional completeness.

c) Employees whose employment contracts are permanently revoked may not be suspended again..

ii) The above employers-companies may:

a) temporarily suspend the suspension of their employees' employment contracts to cover emergencies, temporary, urgent and inelastic needs, as defined in Article twelve of 1/5/2020 Π.Ν.Π. (A’ 90) and in any case after their re-employment. In this case, the employers-companies are obliged to notify it in the form of the PS. EMPLOYEE, YOU UNDERSTAND, NOT RECOGNIZED AND ANELASTIC NEEDS ", in any case before the start of the emergency work provided. The period of temporary revocation of the suspension of employment contracts is considered working time paid entirely by employers-companies.. In this case, the suspension of workers' employment contracts cannot be extended beyond September 30. 2020.

b) make use of the "SYN-WORK" Mechanism of the article 31 of Law. 4690/2020 (A’ 104) according to no. 23103/478/13.06.2020 JMD (B'2274), that is, to employ full-time employees in that mechanism, provided that they have been re-employed and that the conditions of the article are met 5 of the above JMC. In case of employees, whose employment contracts are suspended, by submitting an application / declaration for their inclusion in the Mechanism "SYN-ERGASIA", the suspension of the employment contract shall be deemed to have been permanently revoked from the date of their inclusion in the Mechanism and henceforth..

C) Employees of employers-businesses of main and non-main hotel and tourist accommodation and tourist buses, seasonal operation, which will not reopen during the summer tourist season 2020, are beneficiaries of special purpose compensation, for the entire time from 1/6/2020 until 30/9/2020, provided they do not have another employment contract with another employer. In this case, the above employees submit a unilateral responsible statement to the PS. "ERGANI", in accordance with the provisions of Article B 4 of Chapter A of the above JMC.

D) It is pointed out that employees with the right to compulsory re-employment in employers-businesses of main and non-main hotel and tourist accommodation and tourist buses, seasonal operation, whose employment contract has been suspended, retain the right of re-employment for the summer tourist season 2021, in accordance with the existing provisions in conjunction with the relevant terms of the S.S.E..

E) Employers-businesses of main and non-main hotel and tourist accommodation and tourist buses, seasonal operation, who will not reopen have the obligation to inform the employees by any appropriate means.

F) The percentage of 17% of practitioners in hotels is calculated on the actual employees.

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