The Council of State rejected the application for annulment of the Association of Enterprises and Industries (BSE) and other regional employers’ Unions seeking the annulment of the circular of the Ministry of Labor of February 18, 2019, which gave instructions for the implementation of the new minimum 58 euros , of the salary of 22.83 euros and for the payment of three years to the employees and the craftsmen. As a result, the payment of the previous service allowance (“three years”) “thawed”.
In particular, the application of the Employers’ Organizations was rejected as inadmissible, as the CoC ruled that the disputed circular No. 7613/395 / 18.2.2019 of the Minister of Labor providing instructions “on the application of the minimum wage and the minimum wage for employees and craftsmen of the whole country “, is a purely interpretative circular and can not be hired at the CoE. That is, BSE turned, as it is called in legal science, “practically non-executable”.
In 2019, SEV and six other regional associations-Unions (SVAP, SVTHKE, SVSE, SEVPDE, STHEV, PASEVIPE) and the Association of Mining Companies had appealed to the CoF. All of them demanded the annulment of the circular in question, which provided for the provisions of the decision of the Minister of Labor, No. 4241/127 / 30.1.2019, amounts by which the three years will be increased in accordance with the provisions of law 4093/2012.
The employer argued that the three years in the minimum wage have been abolished, while the disputed circular clarifies that the three years should continue to be paid.
At the same time, the GSEE, the Federation of Nursing Associations, the Athens Labor and Employment Center and the Ministry of Labor argued that the circular is genuinely interpretive and therefore inadmissibly challenged before the SC with a request for annulment, and that the three-year-old to which they are entitled, as no provision of law implies their explicit or implicit abolition.
The Fourth Department of the CoC, chaired by Aikaterini Christoforidou and rapporteur by the State Counselor Marina Papadopoulou, rejected as inadmissible the request of SEV etc., considering that this circular “is not enforceable because it has the character of an interpretative circular” With the circular in question, the Ministry of Labor provides suggestions for the correct application and compliance of the current legal framework, but these suggestions “are not in themselves binding on the recipients and do not constitute a legal obligation for them”.
At the same time, according to the SC, “no binding legal consequences are produced from the indications regarding the amount of salaries to be paid, and the contested act (s.s .: Circular of the Ministry of Labor) does not constitute an enforceable administrative act”.
Finally, the three years (three years), in the minimum wage and the wage are salary increases related to the previous service of the employees to any employer.
In any case, the seniority allowance is equal to 10% of the minimum wage and can be paid for a maximum of three three years. However, the amount of the previous service allowance varies depending on whether he is an employee or a craftsman, the age of each employee.
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