Transfer of personnel to companies within the same group

Greece
Phase: Management
Típus:
  • Response to COVID-19
  • Employment incentive
  • Matching/Networking
  • Working time flexibility
Utoljára módosítva: 17 September, 2020
Név:

Μεταφορά προσωπικού σε επιχειρήσεις εντός του ιδίου ομίλου

Angol név:

Transfer of personnel to companies within the same group

Coverage/Eligibility

By virtue of the Legislative Act 20.03.2020 'Urgent measures to address the consequences of the spread of COVID-19, to support the society and entrepreneurship, and to safeguard the smooth operation of the market and public administration', businesses that have been financially affected as per their Activity Code Numbers (ACN), or their operation has been suspended under a state decision, may transfer staff from a business to another business of the same group, following a respective agreement. The measure is still active (as at 14 July 2020) and will be for as long as the measures to counteract the COVID-19 last.

Main characteristics

In the context of emergency and interim measures in the labour market for dealing with and limiting the spread of COVID-19, employers whose businesses are severely affected or are under ban of operation, may transfer staff to another unit of the same group, as long as they are operational. The transfer should follow a respective agreement.

Group entities that are implementing such measures are required to maintain the same total headcount prior to the transfer. Hence, businesses are not allowed to dismiss employees after transfer termination. 

According to the Ministerial Decision (No. 13564/Δ1.4770/2020), which constitutes the new measure, to apply for this programme employers should submit a special document named 'Form 4.4 personnel table for the transfer of personnel to undertakings within the group' to the Ergani-platform, within the first 10 days of the month following the one of the implementation of the transfer.

Funding

  • No specific funding required

Involved actors

National government
Ministry of Finance; Ministry of Labour and Social Affairs

Effectiveness

No information available.

Strengths

Group entities that are implementing such measures are required to maintain the same total workforce prior to the transfer.

Weaknesses

According to Article 10 of the legislative act, the transfer of personnel within the same group can take place with a simple agreement between companies of the group, without the consent of employees. More importantly, the provision of article 10 does not prohibit the dismissal of employees, in the form of absolute invalidity, but only as an obligation to maintain the same number of jobs throughout the implementation of this measure. Although it is stated that this measure can be taken in the context of extraordinary and temporary measures in the labour market, due to COVID-19, there is no explicit provision for its time validity or for the maximum time the transfer is taking on. Since the ultimate purpose of the measure is to maintain employment status through the flexible movement of employees, within the same group of companies, it should not be abused nor used for the purpose of concealing permanent staff transfer.

Példák

No information available.
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