In Greece, remote working is a new concept. It is estimated that prior to the COVID-19 outbreak only 5% of employees worked remotely, whereas during the pandemic, this percentage climbed to 70%. Undoubtedly there is an ongoing discussion on how the pandemic has and will further impact working conditions throughout the world, but it is clear that many businesses aim to adopt more flexible working arrangements and remote working may be the “New Normal” in the years to come.
The existing legal framework for remote working in Greece is quite narrow. Under normal circumstances, remote working is voluntary for the employer and the employee. The employer cannot force the employee to work remotely and cannot dismiss the employee, in the event that the employee rejects the option to work remotely.
A remote working arrangement can be agreed at any time, with a 3-month trial period. Specific provisions are in place aimed at ensuring that an employee working remotely is well informed about vital aspects of the employment relationship, enjoys the same rights as an employee working on the premises, and does not feel disconnected from the employer’s business.
In addition, health and safety requirements continue to apply under remote working conditions. There is a wide spectrum of obligations, which should be well defined to ensure the health and safety of employees working remotely, and also the safe use of equipment, IT and data security, including the technical support to be provided by the employer, if required etc.
As remote working expands, there is need for reform of the existing legal framework to address the various challenges that will emerge. The Greek Ministry of Labour has just announced that new legislation will be introduced shortly, in accordance with the following guidelines:
- effective monitoring of the employee’s working hours in compliance with data protection and labour law provisions;
- protection of the employee’s personal life;
- the employer’s obligation to cover the cost of any equipment used by the employee to work remotely, and
- timely recording of the employee’s working hours with the labour authorities.
It remains to be seen how the new legal framework will manage to regulate the field of working remotely under such extreme circumstances in a well-balanced, flexible and innovative way.
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Client Alert 2020-445