The new framework introduces significant changes to the management of working time, hiring, employee departures and the digital recording of employment relationships.
For businesses, adapting is not merely an organisational challenge, but a critical matter of legal compliance and risk management.
The 13-Hour Working Day: Exceptional Employment with a Pay Premium
A central element of the new provisions is the possibility of employing an employee, on an exceptional basis, for up to 13 hours per day with the same employer, with a 40% pay premium.
Applying this measure requires:
- Correct and timely registration in the ERGANI II system
- Documentation in the event of the employee's refusal
In practice, this provision creates an increased area of liability for the employer, as inadequate documentation or incorrect recording may lead to administrative sanctions or labour disputes involving financial claims.
Sixth Working Day
The provision on the sixth working day is also of particular importance.
Businesses Operating on a Continuous Basis
For businesses that operate a rotating shift system, the option of activating an exceptional sixth working day requires a prior solemn declaration in ERGANI II confirming that they fall within this category. Work on that day may not exceed eight hours, and additional work (yperergasia) and overtime are expressly prohibited.
Businesses Facing an Unforeseen Increase in Workload
For businesses that are not by nature in continuous operation but face an unforeseen increase in workload, a specific prior notification in the system is required on each occasion, and the invocation of increased workload is subject to review by the competent authority. Abusive use of the measure may entail serious legal consequences.
Working Time Arrangements
A significant change is introduced in the arrangement of working time, as it is now possible to apply a four-day working week throughout the entire year, and not only for a six-month period, as was the case until now.
This provision allows for:
- An agreed redistribution of working time
- Application on a weekly, monthly or annual basis
Those expected to benefit most are:
- Working parents
- Persons with increased family responsibilities
However, any change to working hours under such an arrangement mandatorily requires the express consent of the employee, which makes the agreement a fundamental condition for the lawfulness of the arrangement.
Reduced Threshold for Unjustified Absence – Faster "Voluntary Resignation" Procedure
A significant change is also introduced in the handling of unjustified absences. The time limit that may lead to a declaration of voluntary resignation is drastically reduced.
Now, after four days of absence and a relevant warning, the employer may, within a short period of time, declare the employee's departure in ERGANI II without the employee's signature.
New Hiring System – Digital Notification of Commencement of Employment
In the area of hiring, the new regime simplifies the procedure by abolishing the obligation to upload the basic terms of employment and the individual employment contract to the system.
The submission of the Digital Notification of Commencement of Employment is retained; it includes all the essential terms and must have been accepted by the employee before employment begins.
Acceptance may also take place through the MyErgani app, ensuring electronic documentation of consent.
"Fast-Track Hiring" – Short-Term Contracts
In addition, a "fast-track hiring" option is introduced for short-term contracts of up to two days per week. Although the measure enhances flexibility, its repeated use without a clear operational need may raise legal issues as to the nature of the contract and the risk of it being reclassified as a contract of indefinite duration.
Part-Time Work, Rotational Work and Time Specifications
It is particularly important that, despite the broader digitalisation, the mandatory written form for part-time or rotational work contracts is retained.
In the absence of a written agreement, the employee is presumed to be employed on a full-time basis, with all that this entails in terms of salary and social security obligations.
In addition, the employer's obligation to notify the Labour Inspectorate (S.EP.E.) of its decision to unilaterally impose a rotational work system is retained.
This provision underlines the considerable weight attached to unilaterally imposed changes to the terms of employment, which substantially affect the employee's position and are strictly scrutinised as to their lawfulness.
Under the new provision, rotational workers will be entitled to work beyond their eight-hour day, receiving the corresponding 40% premium for each hour of overtime, should they so wish.
At the same time, the express time specification of the individual part-time employment contract (daily, weekly, fortnightly or monthly) is abolished, as its duration may now be whatever the contracting parties agree.
Full Digitalisation of Changes to Terms of Employment
Any change to the terms of employment, such as changes to working hours or remuneration, will now be declared exclusively through a digital change declaration in ERGANI II, with mandatory acceptance by the employee.
What the Changes Mean in Practice for Businesses
The new framework makes it clear that compliance is not merely a matter of administrative management, but a strategic issue of legal certainty.
Adapting contracts, updating internal regulations, training HR staff and carrying out preventive legal assessments are now fundamental requirements for the smooth operation of a business.
The law firm undertakes the full legal support of businesses in implementing the new labour framework, providing specialised compliance services, prevention of labour disputes and representation during inspections.
In an environment of increased digital scrutiny, timely legal safeguarding is the safest investment for the viability and stability of any business.