Ministry of Labor: Who are considered managers and are put out of office | Skai.gr

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By decision of the Minister of Labor and Social Affairs, Kostis Hatzidakis, issued pursuant to Law 4808/2021 on Labor Protection (article 79, paragraph 5, subparagraph f), the criteria to be applied by the supervisory authorities in order to record determine if an employee is a manager and may be exempt from part-time legislation.

With these arrangements, in combination with the provision that the capacity of the manager must be explicitly agreed in the employment contract and declared in the “ERGANI” information system, the audit bodies can be led to transparent and objective crises, while the employers and the Employees gain a clear picture of the rights and responsibilities of business executives at every level.

According to the decision, as employees holding a position of supervision or management or confidential are considered those who:

a. exercise the managerial right of the employer vis-τι-vis other employees of the enterprise or
b. represent and commit the business to third parties or
c. are members of the board of directors or corresponding management body of the employer, or
d. are shareholders or partners, holding more than 0.5% of the employer’s voting rights.

Also, as pointed out in an announcement of the Ministry of Labor and Social Affairs, executives are considered those employees who are heads of departments, units or departments or other independent units of the employer company identified in its organization chart, which entrusts them with the supervision of part of the continuous or intermittent , but in any case essential to its operation, provided that they are remunerated, not less than six times the statutory minimum wage.

Finally, those who are paid at least eight times the minimum statutory salary are also characterized as supervisors, managers or trustees. The above information, as mentioned above, must result from explicit terms of the employment contract and be declared in the ERGANI information system.

Employees who do not have the above qualifications are not allowed to work overtime without the legal formalities and without receiving additional pay for overtime and overtime work, off-site compensation, as well as overtime or night work on Sundays and holidays.

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