The changes promoted by the Ministry of Finance
With the Bill to be passed by the Ministry of Finance, and in particular with the provisions concerning the Corporate governance of the Public Limited Companies and other subsidiaries of the Hellenic Holdings and Property Company (EESYP S.A.)the Government is revising and modernizing the legislative framework for the organization, administration and operation of public limited companies and the other subsidiaries of EESYP, as:
It comprehensively regulates matters of supervision and control of Public Limited Companies, strengthening the role of internal control, based on international auditing standards.
It redefines their strategic and operational planning.
It establishes, for the first time, provisions on the policy of state ownership of Public Limited Companies.
It innovates by establishing a mission statement and special obligations of Limited Companies.
It completes the institutional framework, with provisions for the companies that belong to the EESYP and are not included in the Register of General Government Bodies.
With this new framework, which is adapted to the modern international and European standards of corporate governance of the OECD, the effective allocation of state resources and the transparent and efficient operation and management of public limited companies are promoted.
Consequently, the objections made by the Athens Labor Center in the Press Release it issued today, to justify the strike it announced, are far from reality, but also from the targeting of government policy that seeks to strengthen businesses. Not much more so with regard to OASA S.A. and its subsidiaries, for which a separate framework is provided in relation to the other subsidiaries of EESYP and occupy a special section in the bill to be passed.
Regarding the relevant objections, the Ministry of Finance responds as follows:
Reason 1: “The employment status of employees in Public Enterprises and Organizations is deteriorating with the introduction of regulations that lead to two-speed employees” and
Reason 2: “The operational S.S.E. are cancelled. and the Labor Regulations for new hires”.
Answer: With the bill to be passed, no new regulation is introduced.
It is clarified that since 2005 the employment relationships of DEKO employees are governed by the provisions of the labor legislation, both during and upon their termination, as well as by the applicable S.S.E. or D.A. or Labor Regulation.
The employment contracts of DEKO staff are – after the enactment of Law 3429/2005 – private law employment contracts of indefinite duration and are terminated in accordance with the provisions of Laws 2112/1920 and 3198/1955, as amended from time to time and in force.
No collective regulation is abolished, nor are “two-speed” workers created, since all workers in DEKO are governed by labor law, individual and collective.
It is clarified that the civil service code does not apply to public enterprises. The only difference is the non-application of the P.Y.S. 33/2006 to businesses that are not General Government bodies.
Reason 3: “The door opens for hired workers in Public Enterprises and Organizations”.
Answer: It should be pointed out that lending is a legal form of employment and is allowed – and is also applied in practice, moreover – already by Law 4052/2012.
The now clear reference to the bill does not create a problem, but on the contrary strengthens the coverage of imperative needs, especially until the completion of recruitments with the current procedure.
Reason 4: “Full-time employment and indefinite-term employment are abolished with the possibility of hiring temporary employees, and indeed not in support systems, but also in basic specialties such as drivers, technicians, administrative employees and other specialties in public transport companies.”
Answer: Obviously, the feature is not removed. After all, the recruitment of temporary staff exists, in any case, even today, in accordance with the current legislation to cover emergency needs.
A similar provision is included in the relevant provisions of the bill to be passed.
The indefinite-term employment contract remains the main way to meet the fixed and permanent needs of businesses.
Reason 5: “The role of the ASEP in the recruitment system is nullified in a standard check of a few days that will never be completed, giving the possibility to committees of the companies themselves to determine the way of selecting personnel, now also introducing the fast process of the personal interview”.
Answer: The framework of labor relations in the subsidiary companies of EESYP does not differ in any way from the existing one, with the exception of the possibility of staffing the companies with personnel, without observing the restrictions of PYS 33/2006. The aforementioned differentiation does not apply to OASA and its subsidiaries (STASY and OSY), which still fall within the scope of the above PYS.
As for the rest, the recruitment framework at OASA and its subsidiaries is still subject to transparent procedures, i.e., following a public announcement, the minimum content of which is determined by law and which is subject to control by ASEP and publicity formalities (website and newspapers), while both the temporary lists of successful candidates are checked by ASEP and the objections are also judged by ASEP.
Reason 6: “It undermines the possibility of the employees of OASA and its subsidiaries to be subject to the mobility system of Law 4440/2016”.
Answer: This argument is extremely contradictory, as on the one hand the need for staff is highlighted and on the other hand it is requested to maintain the mobility system, which has led to a huge shortage of staff, as key specialties such as drivers have “utilised” the mobility system to move away from OASA S.A. and its subsidiaries.
Reason 7: “Allows the provision of transport work to private individuals on a permanent basis”.
Answer: There is no regulation on the provision of transport work to private individuals on a permanent basis.
Reason 8: “It disposes of State assets at the will of the respective Minister of Finance”.
Answer: The claim has nothing to do with reality, as the specific article (25) refers to the utilization, purchase or sale of State shares where there are small State holdings.
After all, the Minister of Finance could not sell off an entire company. In fact, in order to remove misunderstandings, this right has already been provided for in relation to State holdings with a percentage lower than 10%.
Reason 9: “Exempt from the law of Public Contracts for EESYP and its other subsidiaries”.
Answer: There is no exemption from the Public Contracts law as implied.
Simply, the other subsidiaries of EESYP are given the possibility of drawing up a General Framework Regulation, preserved by Articles 36 and 38, as well as the legal protection system of Law 4412/2016. The regulation that will be issued will be in accordance with the Union legislation, while the relevant opinion of EADISY will also be given.
Reason 10: “It paves the way for the complete privatization of DEKOs”.
Answer: With the draft law, the only way open is that of the reform of corporate governance and the rules governing the operation of joint-stock companies, whose share capital belongs to the absolute majority of the Greek State, and the introduction of a single institutional framework for management and operation of the other subsidiaries of EESYP.
Our goal is to remove the pathologies of the past and make Public Companies transparent and productive organizations.
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I have worked in the news industry for over 10 years and have been an author at News Bulletin 247 for the past 5 years. I mostly cover technology news and enjoy writing about the latest gadgets and devices. I am also a huge fan of music and enjoy attending live concerts whenever possible.
