Global
Global Mobility Insights - Winter 2022 / 2023 Posted Workers’ status in Greece Author: Maria Kouri, Corporate Relocations Greece (Greece) What is a Posted Worker? A posted worker is an employee of a company located in a Member State of the EU (EU/EEA/Switzerland) that is temporarily seconded by their employer to another Member State of the EU in order to perform services. The employee can be either EU or non-EU national and can be seconded in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency. Legal background of Posting in EU EU legislation regarding posting applies to companies established in a Member State which, in the context of providing services, proceeds to the secondment. Initial Directive 96/71/EC: Introduction of posted workers and list of working conditions Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services Directive 2018/957/EU amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services The Two main rules Respect the country’s salary level Each worker posted in the host country must be paid according to the minimum rates of pay, including overtime rates applicable there, i.e., cannot receive inferior salary rates than those determined by the appropriate collective bargaining agreement for the position. Respect the country’s working hours Each worker posted in host country should respect the maximum work periods and minimum rest periods determined by the destiny’s country's legislation. 30 convinus.com
Global Mobility Insights - Winter 2022 / 2023 Duration of posting The posted worker notification can cover a maximum assignment duration of 18 months. For long-term postings (longer than 12 or 18 months), application of an extended set of terms and conditions of employment are provisioned by the receiving Member State. What are the registration requirements? The host Member State is entitled to require the home employer to take the following administrative measures, before the posting: 1. To make a declaration to the competent national authorities at the commencement of the provision of services at the latest, containing the relevant information required to allow verification of the details of the posting at the workplace, including: a. The personal details of the service provider. b. The anticipated number of clearly identifiable posted worker. c. The liaison person and the contact person. d. The anticipated duration, envisaged start, and end date of the posting. e. The address(es) of the workplace. 2.To designate a person to liaise with the competent authorities in the host Member State. * Most Member States have implemented an electronic system for the declaration at the national labour authorities. Even though Greece has not put in place an electronic platform yet, the procedure can take place through emails with the competent labour authorities. A1 and S1 documents 31 As already mentioned, “posted worker” refers to a person working abroad on a temporary basis. Certificates concerning social security compliance and entitlement to healthcare for posted workers are granted to persons moving to work in EU/EEA countries (A1 certificate and S1 certificate or the European Health Insurance Card) or in countries with which the EU/EEA countries has a social security agreement. Certificates are also granted to other groups, such as self-empconvinus.com
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