Greek Law no. 4808/2021

Description

On 19 June 2021 Greece’s new labour law 4808/2021 came into force.

The law sets new regulations for platform workers. Articles 68-72 establish a protective framework for those engaging in platform work on digital platforms.

Article 68 defines what a digital platform is under Greek employment law, stating that digital platforms ‘are businesses that operate either directly or as intermediaries by connecting, through an online platform, service providers or businesses or third parties with users or customers or consumers to either facilitate transactions between them or to directly trade with them’.

Article 69 defines the contractual relationship between digital platforms and service providers. The article recognizes two forms of employment for digital platforms:

• a contract of independent services or a ‘project contract’
• a contract of dependent employment.

Article 69 introduces a presumption against characterising a contractual relationship as ‘dependent employment’. An exhaustive list of conditions must be fulfilled for a service provider to not be considered a dependent employee. These include the ability to choose one’s hours and the type and the amount of work to be executed as well as the ability to employ subcontractors without being bound by any non-competition clause.

The law also guarantees trade union rights for the providers of independent services. Article 70 states that service providers have the right to set up organisations that promote their professional interests. Service providers are also guaranteed the right to strike, the right to negotiate collectively and to draw up collective bargaining agreements. Article 71 regulates health and safety conditions of service providers. The article states that platforms are responsible for the welfare, health and safety of any type of worker regardless of contract type.

Under Article 72, platforms also have an obligation to inform service providers of their statutory rights before the commencement of their duties and provide them with a written and a digital copy of their contract. The contract must specify the nature of the duties to be carried out, must inform the service provider of statutory trade union rights, must specify that the health and safety of the service provider is the sole responsibility of the platform and reference that these rights and responsibilities are all provided for in extant legislation.