LEGAL OPTIONS IN ORDER TO REDUCE THE WORKING COST
1. According to Art 2 Par. 2 Act of CM 6/2012, the Collective Agreements (CA), being in force for 24 months or more on February 14, 2012, expire on February 14, 2013, while according to Art 2 Par 3, the Collective Agreements (CA), being in force for a period less than 24 months on February 24, 2012, expire after the completion of three years from their effective date, unless terminated prior to this date.
According to Art 2 § 4, the normative conditions remain in force for 3 months after expiring or being terminated or, in case they have already expired or being terminated, for 3 months after the effective date of Law 4046/2012 (The Law took effect on February 14, 2012).
Also according to Article 2 paragraph 4, upon the completion of a quarter, given that in the meanwhile, a new Collective Agreement has not been concluded, only the following normative provisions shall remain in force: those relating to the basic salary or the basic wages and the maturity benefits, children allowances, educational grants and bonuses for work under dangerous conditions, and while there is a pause in the application of any other standard benefit that may have been included in these CAs ceases to apply without the consent of employees.
The provisions shall maintain into force until replaced by the terms of a new Collective Agreement or a new or modified individual employment contract.
2. The labour cost can be reduced in the following ways:
a) by a new individual agreement (individual employment contract) providing new salary, which cannot be less than the statutory salary, according to subparagraph IA.11 Law 4093/2012,
b) by an operational Collective Agreement, which will be signed between the Labour Union and the Employer (art. 3 § 1 section C, 5 Law 1876/1990) ,
c) by a working pattern of less working hours per day (ex. four hours per day), under the condition that employees will agree (Article 2 § 1 of Law 3846/2010),
d ) by a system of job rotation, viz working less days per week or less weeks per month or less months per year, or a combination of these with full daily working hours (Article 2 Par.3 section . a, b, Law 3846/2010), under the condition that employees will agree,
e) by a unilaterally rotation working pattern which can be imposed only if the company accepts to restrain its activities and the duration of which shall not exceed nine (9) months in the same calendar year and only under the condition that the legitimate representatives of workers will have been previously informed and consulted, according to the provisions of Presidential Decree 260/2006 and in accordance with Law 1767/1988 (art. 2 Par. 3, section D, Law 3846/2010).
EFSTRATIOS DOXAKIS, LAWYER
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