The circular published in DIAUGIA mentions the preparatory actions that are required to precede – The issuance of a PD is also expected
The time is counting down for the establishment of teleworking in the public sector on a permanent basis, after the issuance of a circular by the Ministry of the Interior, pursuant to the relevant law of Makis Voridis which was passed in 2021 and the imminent issuance of the relevant Presidential Decree.
The application of remote work in the emergency conditions of the covid 19 pandemic, was a springboard for the use of digital solutions in normal conditions as well.
The circular published in DIAUGIA mentions the preparatory actions that need to be taken beforehand to ensure the appropriate level of security against risks to personal data.
In the next period, it is expected that the Presidential Decree will be issued, following a proposal by the Ministers of Interior, Digital Governance and Justice, and following the opinion of the Personal Data Protection Authority, to regulate matters of protection of the personal data of telecommuters.
What does the circular of the Ministry of the Interior provide?
The circular explicitly points out that the provision of telework will be possible, as long as each body harmonizes with the relevant requirements of the European regulations. Specifically, before the issuance of the DP they should have completed the records of processing activities (RPA) and the data protection impact assessment (DPIA).
Next, the head of each Directorate or Autonomous Department should determine the details for the implementation of the measure, such as the jobs eligible for telework, by number and branch/specialty and the relevant dates for the first quarter of 2023. Depending shall act at the beginning of each calendar quarter. The decision will be communicated to the employees so that those who wish to telework and if they belong to a branch/specialty and serve in a position that has been deemed eligible for teleworking, submit a relevant written request. The circular advises the agency to give priority consideration to requests from parents or guardians of children up to 12 years of age. It should be noted that a decision cannot be issued with content different from that of the submitted request (e.g. change of teleworking location or days or hours) and therefore with the provided decision either the request is approved in its entirety or rejected in its entirety justified. The employee can provide telecommuting from the very day after notification of the decision to accept the request.
In order for the (permanent and indefinite or fixed-term) employees of the General Government bodies, NPDD and DEKO to work remotely, the nature of their duties should allow it. Therefore, the uniformed personnel of the Armed Forces, the Security Forces and the Coast Guard, acting supervisors, as well as teachers of all levels except those seconded to administrative positions, are exempt from the measure.
The basic principles of teleworking are the voluntary character, the principle of equal treatment, the protection of personal data and the respect for private life.
The measure is mandatory in two cases: a) In a period of health crisis and extraordinary conditions and needs, in which the employee must accept the operator’s proposal for teleworking for the required time until the said conditions are lifted, b) in in the case of an employee’s health risk, as well as in cases of employees with permanent or temporary health problems, the organization must accept the employee’s request for telework, unless there is a special and important reason for rejecting it.
Telecommuting is provided on designated days per week and month of each calendar year. The upper limit is 44 working days per year that are compulsorily taken within a given quarter (1st quarter January – March or 2nd quarter April – June etc.) The same employee cannot be granted telework again in a subsequent quarter within the same year, even if the 44-day limit has not been used up.
The corresponding time limit for employees with permanent or temporary health problems (determined by a relevant decree of the Ministers of Health and Interior) is 88 working days per year and 22 days are granted in parts per quarter. Exceptionally and after a specially reasoned opinion of the Health Committee, it is possible to grant telecommuting for a continuous period of 88 days. The employee’s request for telework due to health problems should be accompanied by an opinion from the attending physician or the KEPA certificate and sent to the competent Health Committee for the relevant opinion, which is issued within 10 days at the latest.
Telecommuting is not allowed from July 15 to August 31, which is the peak summer vacation period. However, this limitation does not apply to teleworking cases either for employee health reasons or for reasons of public health risk and extraordinary conditions and needs.
The maximum percentage of employees per Directorate of the organization that can be employed via telework, reaches 25% of all the employees of the said Directorate, whose nature of duties makes it possible to perform them via telework.
Teleworkers have the same rights and obligations with the employees performing their duties at the institution’s premises.
The written provisions apply to the working hours of employees, while for employees, for whom special or reduced working hours apply, this is still valid even in the case of teleworking.
The work can be provided from the telecommuter’s home or from any other fixed place, in any corner of the Greek territory but also outside the borders, in the member states of the Council of Europe, subject to approval by the competent body of the Directorate.
The required telecommunications equipment and technological device (the so-called “Telework Station”) is provided to the employee by his department unless the latter does not have this facility, in which case the employee uses his own equipment. The legislation provides for the right to disconnect, that is, after the end of the working hours, the employee closes the computer and the service has no right to “bother” him further. An exception is the extraordinary service needs, in which, as the Civil Service Code provides, the employee must work beyond his working hours or on non-working days, of course with the corresponding compensation.
RES-EMP
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