The new framework will come into effect from 1 January 2023 – The dispute resolution process in case the employer does not accept the application
The decision on the provision of remote work with telecommutingat the request of the employee, specifying the relevant provisions of Law 4808/2021 on Labor Protection (Article 67).
The new framework will come into effect on January 1, 2023, as is already foreseen for employees in the public sector.
In the Health and Safety Policy, employees’ ailments are identified that could document a risk to their health, which can be avoided if they work remotely. It also describes the procedure through which the employee’s application (to provide telecommuting) is submitted to the employer, as well as the dispute resolution process in case the employer does not accept the application.
Specifically, as stated in a statement by the Ministry of Labor and Social Affairs, the main forecasts are the following:
Workers with the following illnesses, diseases or disabilities are entitled to request work with the telework system:
1. Neoplastic disease under chemotherapy, radiotherapy or immunotherapy or biological or other targeted therapy or after the end of treatment and until satisfactory recovery of health.
2. Hematological malignancies under chemotherapy or radiation therapy or immunotherapy or after the end of treatment and until satisfactory recovery of health.
3. Solid organ transplantation with ≥2 immunosuppressive medications.
4. Bone marrow transplant in the last year and/or taking ≥2 immunosuppressive drugs.
5. Chronic obstructive pulmonary disease (COPD) with FEV1 <50% and/or DLCO<40%.
6. Diffuse interstitial lung diseases with diffusing capacity <50%.
7. Chronic respiratory failure under home oxygen therapy.
8. Cystic fibrosis.
9. Heart diseases of any etiology with an ejection fraction less than or equal to 40% and decompensated heart failure.
10. Major uncomplicated cardiac surgery (coronary bypass, valve replacement), after the end of sick leave.
11. Cardiac dysrhythmias with a history of recurrent systolic episodes of more than two per year.
12. Severe symptomatic valvular heart disease.
13. Chronic end-stage renal failure under extrarenal dialysis.
14. Severe liver failure with decompensated cirrhosis.
15. Primary immunodeficiencies or HIV infection with CD4 ≤200/μl.
16. Idiopathic inflammatory or autoimmune diseases requiring systemic administration of high doses of corticoids or immunosuppressive, biological or other targeted therapies.
17. Neurological diseases requiring systemic administration of high doses of corticoids or immunosuppressants or biological or other targeted therapy.
18. Diseases with signs of muscle weakness of respiratory muscles (myasthenia gravis or neuromuscular disease) mainly in periods of high risk of infection.
19. Neurological diseases with a residual neurological deficit, after the end of sick leave, which makes it difficult to go back to work.
20. Motor neuron disease.
21. Epilepsy with documented more than three seizures per month.
22. Moderately severe or severe Parkinson’s disease.
23. Malignant brain tumors.
24. Acute or chronic musculoskeletal problem, if it makes it difficult to go to work, after the end of the sick leave.
25. Hemoglobinopathy (Mediterranean anemia, sickle cell anemia, etc.) with frequent monthly transfusions.
26. Uncontrolled diabetes mellitus under insulin therapy (HbA1c in the last 3 months ≥8.0% or M.O. blood glucose values ​​≥200 mg/dL in the last 7 days) or severe micro/macrovascular or other complications.
27. Inadequately regulated endocrine disease (severe hypo/hyperthyroidism, adrenal insufficiency, pituitary insufficiency, etc.) with severe clinical symptoms and/or periodic hospitalizations.
28. Patients, after major surgical operations, during the post-operative period and after the end of sick leave, until the satisfactory restoration of health.
29. Pre-existing disability at a rate of at least 50%, regardless of the category of diseases, including the diseases included in KYA No. Φ80100/24283/2022 “Revision of the table of irreversible diseases, for which the duration of disability is determined indefinitely” ( B΄ 1224) and, as always, the above table is formed, due to possible or possible deterioration of these.
30. Women undergoing assisted reproduction during the stages of ovarian stimulation, embryo transfer and waiting, until the laboratory diagnosis of pregnancy.
The process through which the application is submitted and the dispute resolution process in case the employer does not accept the application:
– Employees with the aforementioned ailments, diseases or disabilities submit an application to their employer for the provision of telework, submitting at the same time a Medical Opinion of the competent Health Committee (Article 54 of Law 4488/2017).
-The Medical Opinion is issued following a request by the employee, to which the necessary supporting documents are attached (opinion of the attending physician or valid KEPA certificate, diagnostic tests and/or individual patient file, etc.), within 10 days of its submission.
– The medical opinion should mention the employee’s health problem that documents a health risk that can be avoided by providing telework, the duration of the telework, which will not exceed three months and the eventual need to re-examine the employee for the continuation of telework .
– After submitting the employee’s application and the medical opinion, the employer must respond to the employee as soon as possible, but, in any case, no later than 10 days from the receipt of the application, whether he accepts the request or not. If it does not respond within this period, the request is deemed to have been accepted.
– If the employer rejects the request, it must justify its decision, based either on the special nature of the employee’s duties (which does not justify their exercise, through teleworking) or on the lack of a documented health risk of the employee that could avoided by telecommuting.
The employee can request the resolution of the labor dispute from the Labor Inspectorate. By decision of the head of the Labor Inspectorate, one or more three-member Committees of experts are established that are responsible for submitting a report, with which they establish the validity or otherwise of the reasons for rejecting the request. University in the field of Business Administration and a doctor specializing in occupational medicine. In order to draw up the report, the opinions of the parties may be requested and/or an autopsy may be performed at the employer’s premises by the occupational physician who is a member of this Committee. The report must be submitted to the Labor Inspectorate, before the Labor Relations Inspector’s opinion is issued.
– Finally, it is noted that the provisions of the Labor Code do not replace the current provisions for sick leave, due to illnesses or accidents, which lead to temporary incapacity for work. They also do not replace or modify the current provisions for the health and safety of workers and the supervision of their health by the occupational physician.
RES-EMP
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