New Ways of Working

Explore and keep track of key legal and compliance considerations for multinational employers as new ways of working become increasingly embedded as the pandemic begins to recede. Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.

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01. Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?

01. Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?

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France

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The first French law on teleworking was adopted on 22 March 2012. It was subsequently modified by an ordinance dated 22 September 2017. Today, three articles of the labour code cover the implementation and the functioning of teleworking (articles L. 1222-9 to L. 1222-11). In addition, two national collective agreements were concluded between employers' representatives and trade unions in 2005[1] and 2020.[2]

The definitions of teleworking given by article L. 1222-9 and by the agreement of 19 July 2005 provide that the rules on teleworking only apply to employees with an employment contract. These rules do not apply to self-employed workers.


[1] National collective agreement on Teleworking – July 19, 2005

[2] National collective agreement for a successful implementation of teleworking – November 26, 2020

Last updated on 21/09/2021

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Greece

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Remote working in Greece may be agreed only with the employee’s written consent (ie, provided in the initial employment agreement or by the signing of an amendment to the employee’s employment agreement regarding the employee’s place of work). During the covid-19 pandemic, the law provided for the unilateral implementation of remote working by employers as an exceptional temporary measure to contain the spread of the virus. According to the relevant ministerial decisions issued at different times of the crisis, companies had to apply a remote working system for at least 50% or 60% (for companies engaged in the provisions of services) of employees whose work could be provided remotely (today the limit is 20%).

Please note that a new employment law was introduced in June 2021 in Greece (Law No 4808/2021), which also includes provisions regarding remote-working arrangements. Such law applies only to employees under a dependant employment relationship (ie, the law does not refer to gig workers or independent contractors).

Under the current legal framework, employers’ obligations continue even while their employees continue to work remotely. Such obligations include, among others, ensuring equal treatment of employees, providing equipment and covering the costs of damages that may occur, protecting employees’ health and safety, and monitoring of employees’ working hours and work behaviour daily.

Last updated on 21/09/2021

02. Outline the key data protection risks associated with remote working in your jurisdiction.

02. Outline the key data protection risks associated with remote working in your jurisdiction.

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France

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Employers must ensure the protection of their company’s data but also of employees’ data.

According to article L. 1222-10 of the French labour code, the employer must inform the teleworking employee of the company's rules regarding data protection and any restrictions on the use of computer equipment or tools. Once informed, the employee must respect these rules.

The collective national agreement of 26 November 2020, provides more details in article 3.1.4. It is the employer's responsibility to take necessary measures to protect the personal data of a teleworking employee and the data of anyone else the employee processes during their activity, in compliance with the GDPR of 27 April 2016 and the rulings of the National Commission for Technology and Civil Liberties (the CNIL).

The CNIL said in its 12 November 2020 Q&A on teleworking that employers are responsible for the security of their company's personal data, including when they are stored on terminals over which they do not have physical or legal control (eg, employee's personal computer) but whose use they have authorised to access the company's IT resources.

The National Agreement of 26 November 2020 recommends three practices:

  • the establishment of minimum instructions to be respected in teleworking, and the communication of this document to all employees;
  • providing employees with a list of communication and collaborative work tools appropriate for teleworking, which guarantee the confidentiality of discussions and shared data; and
  • the possibility of setting up protocols that guarantee confidentiality and authentication of the recipient server for all communications.
Last updated on 21/09/2021

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Greece

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Although necessitated by the circumstances, the transition of employees from corporate networks to largely unmonitored and vulnerable private networks outside the reach of perimeter-based security tools finds most employers unprepared and, thus, exposed to greater cyber threats and personal data breaches compared to on-site work. Employers are urged to take into consideration the increased risks a remote-working environment poses to their data, systems and networks and to invest heavily in IT security, while employees are encouraged to carefully follow all IT security guidelines, stay alert to security incidents and be vigilant with phishing attacks. Within this framework, the Hellenic Data Protection Authority (HDPA) issued “Guidelines for implementing safety measures in the context of teleworking” on 15 April 2020, including appropriate safety measures concerning network access, the use of e-mail or messaging applications, the use of terminal or storage media and how teleconferencing takes place to mitigate data protection risks associated with remote working.

On the other hand, many of these measures may result in more extensive collection and processing (recording, use, disclosure, etc) of employees’ personal data, including monitoring procedures. The key issue for most employers amid these circumstances is to find the right balance between protecting their IT systems and data, on the one hand, and safeguarding the data protection and privacy rights of their employees while working from home on the other.

Last updated on 21/09/2021

03. What are the limits on employer monitoring of worker activity in the context of a remote-working arrangement and what other factors should employers bear in mind when monitoring worker activity remotely?

03. What are the limits on employer monitoring of worker activity in the context of a remote-working arrangement and what other factors should employers bear in mind when monitoring worker activity remotely?

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France

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The rules for monitoring employees do not differ between teleworkers and office workers. Thus, like any employee, teleworkers must be informed in advance of the methods and techniques used to monitor his or her activity (article L. 1222-3 of the labour code).

The implementation of a device allowing the control of the employee's working time must be justified by the nature of the task to be performed and proportionate to the purpose (National Agreement of 26 November 2020).

The CNIL said in a Q/A on 12 November 2020 that the devices used to monitor employees’ activity must not be aimed at trapping employees and cannot lead to permanent surveillance of employees. Thus, audio or video devices, permanent screen-sharing or keyloggers must not be implemented.

If the employer exercises excessive surveillance on his employee, it may receive a financial penalty.

Finally, the CNIL advises employers to prioritise monitoring the completion of missions by setting objectives rather than monitoring the working time or the daily activity of employees.

Last updated on 21/09/2021

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Greece

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Limits on employer monitoring of worker activity do not significantly change in the context of remote working, taking into account that corporate equipment and networks are mainly used, and corporate data is being processed by employees. However, even if personal equipment is being used by employees, the following considerations should be taken into account.

According to applicable privacy and data protection legislation, HDPA decisions and the approach adopted by the European Court of Human Rights in Barbulescu v Romania in 2017, an employer may lawfully access and process personal data (e-mails and other documents) stored in employees' computers in cases where this processing is necessary for the overriding legitimate interests pursued by the employer or by a third party (legal basis of article 6 (1)(f) GDPR). Such legitimate interest of the employer may comprise the need to ensure the smooth running of the business by establishing mechanisms for checking that its employees are performing their professional duties adequately and with the necessary diligence, as well as the need to protect its business and property from significant threats, such as hindering the leaking of confidential information to a competitor or providing evidence of employee's criminal activities. In the latter case, the employer should, however, ensure that it does not enter into the exercise of investigative actions which, by law, are executed exclusively by the competent judicial-prosecutorial authorities.

Particular emphasis should be paid to ensuring the necessity and proportionality of the planned measure and the employer should be able to demonstrate that no less onerous and invasive measures exist to achieve the goal. In this context,  excessive and constant monitoring of employees’ computers and communications cannot be justified. In addition, access should not extend to all communications and their content, but only to those necessary under the proportionality principle.

Employees have a legitimate expectation of privacy in the workplace, which is not altered by the fact that they use equipment, communication devices or any other professional facilities and infrastructure of the employer, even more so if they use their personal equipment. Even if employees have been explicitly informed beforehand of a relevant internal regulation that prohibits the personal use of company computers, this alone does not legally justify monitoring or control of the personal data processed by the employee;  a more specified notice is required. In particular, employers should inform employees beforehand in clear and plain language of the implementation of monitoring methods, and their purpose, extent, nature, circumstances, etc, as required under articles 13 and 14 of the GDPR. In addition, employees should be provided with internal regulations on the proper use of company resources.  which shall include Lastly, employees’ representatives should also be informed of and express their opinion before the establishment of any monitoring systems in the workplace.

Last updated on 21/09/2021

04. Are employers required to provide work equipment (for example, computers and other digital devices) or to pay for or reimburse employees for costs associated with remote working (for example, internet and electricity costs)?

04. Are employers required to provide work equipment (for example, computers and other digital devices) or to pay for or reimburse employees for costs associated with remote working (for example, internet and electricity costs)?

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France

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French law has no provision for this.

It is, therefore, necessary to refer to the two national agreements of 2005 and 2020. These agreements stipulate that the costs incurred by the employee in the performance of his or her employment contract are borne by the employer. This obligation also applies to teleworkers. However, the national agreement of 2020 sets a few conditions for this coverage: the prior validation of the employer, the expense must be incurred for the needs of the professional activity of the employee and in the interests of the company.

The organisation responsible for collecting social security contributions (URSSAF) has issued a list of expenses that must be covered by the employer. These costs include ink cartridges, paper, telephone and internet subscriptions, electricity, heating, a proportion of rent in certain cases (see below) and home insurance.

The terms and conditions for covering business expenses (maximum amount, the procedure to follow, etc.) may be defined unilaterally by the employer, by mutual agreement between the employee and the employer, or by a collective agreement between the employer and the company's unions. Article 3.1.5 of the national agreement of 2020 and the Ministry of Labour recommend doing everything possible to reach an agreement between the employer and the unions.

If teleworking becomes permanent and the employee no longer has an office on the company's premises, the employer must pay a home occupation allowance.[3]

As for the use of the employee's personal equipment, the principle is that the employer must provide the employee with a computer for teleworking. However, if the employee agrees, they can use their personal equipment (article 7 of the national agreement of 19 July 2005).


[3] Cass. Soc, 14 septembre 2016, n°14-21.893

Last updated on 21/09/2021

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Greece

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Employers are obliged to compensate the cost of remote working and provide technical support (ie, IT supports services, etc) to remote workers. In particular, employers must cover all costs associated with remote working, including:

•       the cost of equipment required for remote working (laptop, mouse, keyboard, printer if needed etc). Alternatively, it may be stipulated in the remote-working agreement that the employee will use their own equipment;

•       the cost of telecommunications (ie, use of internet connection, phone, etc);

•       the cost of maintaining such equipment;

•       the cost of restoring any damage caused to it (ie, either compensate the cost of fixing equipment used or replace the same. The employer’s obligation to cover such cost also remains in case the parties have agreed that employees will use their own equipment;  

•       The monthly cost of the employee using their home as a workplace.

 Please note here that the minimum amounts of the abovementioned costs to be compensated by the employer are expected to be regulated by a relevant Ministerial Decision, which has not been issued yet.

Last updated on 21/09/2021

05. What potential issues and risks arise for employers in the context of cross-border remote-working arrangements?

05. What potential issues and risks arise for employers in the context of cross-border remote-working arrangements?

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France

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Cross-border remote working can accentuate some of the problems caused by teleworking or create new ones.

Among the existing problems, the loss of social ties is accentuated if the teleworker decides to work from another country. Indeed, the employee abroad will never physically see his colleagues, which will create a distance between the employee working from abroad and other employees.

Similarly, employers must ensure the protection of the health and safety of workers (article L. 4121-1 labour code). This is a difficult obligation to meet in teleworking, especially because employers do not have access to remote employees’ workplaces. It is even more difficult if the employee works from another country because the sanitary, electrical and other standards are different and potentially less protective than French rules.

As for social security law, in principle, the employee depends on the social security system of the country where they work. The employee can only continue to benefit from the French social security system if they are in a secondment situation. Moreover, this is only a temporary solution because the secondment implies a temporary mission. The employer will therefore have to register the employee with the social security system of the country where they are working, which will cause problems in terms of social contributions.

Another question that may arise is whether an employer should accept a work stoppage prescribed by a foreign doctor.

Finally, another problem that may arise is the employee's right to disconnect. Indeed, the employer and the employee must agree on a time slot during which the employee can not be contacted to respect his private life as much as possible.[4] It can be difficult to establish a time slot that suits both the employee and the employer in case of major time zone discrepancies.


[4] National agreement of November 26, 2020

Last updated on 21/09/2021

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Greece

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From a Greek employment law perspective, if employees are permanently working remotely in Greece, the application of certain provisions of Greek labour legislation that constitute mandatory law (ie, the payment of severance in case of termination, overtime payment, annual leave entitlements etc) may apply, if more favourable for the employee.

From a Greek social security law perspective, in general, employees will be insured and therefore pay social security contributions to the Social Security Fund of the country where they provide their work. However, there is no specific legal provision regarding payment of social security contributions for remote working (ie, in cases where an employee is working physically from a country where the company has no legal entity). According to the guidelines of the Ministry of Labour, in case of such remote-working arrangements, an employee would be insured and therefore pay social security contributions to the Social Security Fund of the country where the company has its legal entity and from which the employee is paid through its payroll system.

From a Greek tax law perspective, as well as under the double-tax treaties signed by Greece, if an individual is in a dependent employment relationship with a non-Greek employer and provides his or her services remotely from Greece permanently (ie, for more than six months) while using as a fixed place his or her home, there might be a permanent establishment (PE) risk in Greece for the non-Greek employer, to the extent the services rendered from Greece constitute the core business of the foreign company and are not limited to auxiliary or preparatory activities.

Also, if a non-Greek company signs an independent services agreement with an individual (contractor) and the contractor is authorised to conclude binding contracts on behalf of the non-Greek employer in Greece with Greek clients, a dependent agent PE risk for the non-Greek company may also arise.

Furthermore, irrespective of the  PE risk, based on domestic law if an individual provides employment services from Greece (to a Greek or non-Greek employer), his or her employment income is considered Greek sourced. Thus, it should trigger local tax reporting and tax compliance liabilities for the non-Greek employer, who should be registered with the Greek tax authorities to withhold  Greek personal income tax and special solidarity contribution (if any) corresponding to the employment income of the employee every month. It is noted that such a tax registration, reporting, or compliance liability does not apply for the non-Greek company in case of an independent services agreement with a contractor.

Lastly, from the individual’s point of view, if he or she works from Greece for more than 183 days per year, it might create a tax residence issue under the domestic tax rules, in which case he or she should be subject to regular Greek taxation and should be taxed in Greece for his or her worldwide income according to the relevant domestic income tax rules.

Last updated on 21/09/2021

06. Do employers have any scope to reduce the salaries and/or benefits of employees who work remotely?

06. Do employers have any scope to reduce the salaries and/or benefits of employees who work remotely?

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France

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Teleworkers have the same rights as employees who work from a company's premises (article L. 1222-9 III of the Labor Code).

Employers cannot modify employees’ remuneration without obtaining agreement.[5] This rule also applies to teleworkers.

In some countries such as the United States, employers can adjust the remuneration of teleworking employees to the cost of living in the employee's place of residence. This practice is not prohibited in France but the employer must be careful in doing so as it could constitute discrimination based on the place of residence, which is prohibited by the labour code[6]if it is not justified by objective elements. 

However, employers can withdraw a few benefits from teleworking employees. Indeed, even if the Ministry of Labor says in a Q&A that the telecommuting employee must receive lunch vouchers like other employees, some jurisdictions believe that the employer can stop paying these vouchers to teleworkers because they are not in a comparable situation to employees who work from a company's premises.[7]

As for transportation costs, the employer must cover half of the cost of the transportation pass used to travel to the office and to return home from the office (article L. 3261-2 of the labour code). If the employee does not have to travel to work during the month, the employer does not have to pay transportation costs.


[5] Cass. Soc, 18 oct. 2006, n°05-41.644

[6] Article L. 1132-1 Labour code

[7]TJ Nanterre, 10 mars 2021, n° 20/09616

 

Last updated on 21/09/2021

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Greece

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Equal treatment between employees working remotely and those working at the company’s premises are guaranteed. Any reduction of salaries may be implemented only following the employee consent (ie, by signing an amendment of the employment agreement).

Last updated on 21/09/2021

08. Can employers require or mandate that their workers receive a covid-19 vaccination? If so, what options does an employer have in the event an employee refuses to receive a covid-19 vaccination?

08. Can employers require or mandate that their workers receive a covid-19 vaccination? If so, what options does an employer have in the event an employee refuses to receive a covid-19 vaccination?

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France

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Employers can require that their employees are vaccinated only if the vaccination is made mandatory by the French Public Health Code.

In France, vaccination against covid-19 has not been made mandatory (except for health professionals). Therefore, French employers cannot force their employees to be vaccinated. However, they can recommend it to their employees without forcing them (please note that due to the Law of 5 August 2021, employees are entitled to leave to attend covid-19 vaccination appointments).

Please note that a law was passed by Parliament on 5 August 2021 and states:

  1. To make access to certain places, establishments or events conditional upon the presentation of either a negative PCR test, or proof of vaccination status concerning covid-19, or a certificate of recovery following covid-19 infection.

This would only cover the following activities:

  • recreational activities;
  • bars and restaurants (except company restaurants), including terraces;
  • department stores and shopping centres by decision of the Prefect of the district in the event of risks of contamination under conditions guaranteeing access to essential shops and transport;
  • seminars and trade fairs;
  • public transport (trains, buses, planes) for long journeys; and
  • hospitals, homes for the elderly and retirement homes for companions, visitors and patients receiving care (except in medical emergencies).

In those specific cases, from 30 August 2021, an employer undertaking the above activities may ask their employees to present one of these documents, including proof of vaccination status. If an employee is unable to present such documents and chose, in agreement with their employer, to not use paid holidays, the employer can suspend the employee’s contract, on the same day. This suspension, which can lead to an interruption of salary, ends as soon as the employee produces the required proof.

If the suspension goes beyond three working days, the employer shall invite the employee to a meeting to attempt to rectify the situation, including the possibility of temporarily reassigning the employee to another position within the company not subject to this obligation.

  1. Mandatory vaccination for health professionals, including those working in an occupational health service according to article L.4622-1 of the labour code.

The health professionals listed in article 12 of the law of 5 August 2021 (doctors, nurses, doctors working in occupational health services, osteopaths etc) must be vaccinated as of 9 August 2021, unless there is a medical contraindication or a certificate of recovery can be presented.

Please note that the law provides for a transition period as follows:

  • up to and including 14 September, the staff concerned may present a negative test  that is less than 72 hours old (RT-PCR screening test, antigen test or self-test carried out under the supervision of a health professional) if they are not vaccinated;
  • between 15 September and 15 October inclusive, when an employee has received the first dose of vaccine, he or she may continue to work provided that he or she can present a negative test result; and
  • from 16 October 2021, they must present proof of the complete vaccination schedule.

This obligation does not apply to people who perform occasional tasks. The Ministry of Labour defines “occasional tasks” as a very brief and non-recurring intervention that is not linked to the normal and permanent activity of the company. Workers who carry out these tasks are not integrated into the workgroup and their activity is not public-facing.

This may include, for example, the intervention of a delivery company or an urgent repair.

On the other hand, the following are not occasional tasks: carrying out heavy work in a company (eg, renovation of a building) or cleaning services, because of their recurrent nature.

When carrying out an occasional task, the workers concerned must ensure that they comply with social distancing rules.

Employees who have not presented one of these documents can no longer work. Thus, when an employer finds that an employee can no longer carry out their work, the employee must be informed without delay of the consequences of this prohibition, as well as the means to rectify the situation. A dialogue between the employee and employer to discuss ways of rectifying this situation is encouraged.  An employee who is prohibited from working may, with the employer's agreement, use days of rest or paid leave. Otherwise, their employment contract will be suspended.

The suspension of the contract, which leads to the interruption of salary, ends as soon as the employee fulfils the conditions necessary to continue working.

When the employer or the regional health agency finds that a health professional has not been able to carry out their role for more than 30 days, it informs the national council of the order to which they belong.

Please note that, according to the law of 5 August 2021, the employer must inform the new works council (CSE) of measures taken to implement any obligations to verify the vaccination of health professionals or the health passes of employees who come under the aforementioned sectors.

Last updated on 21/09/2021

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Greece

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Covid-19 vaccination is not mandatory. However, based on a newly introduced law,  vaccination is mandatory for employees working at nursing homes and for medical staff (doctors, nurses etc) and employees working at hospitals.

Last updated on 21/09/2021

09. What are the risks to an employer making entry to the workplace conditional on an individual worker having received a covid-19 vaccination?

09. What are the risks to an employer making entry to the workplace conditional on an individual worker having received a covid-19 vaccination?

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France

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For employees for whom vaccination is not mandatory, employers cannot make entry to the workplace conditional on vaccination, nor can they threaten to dismiss the employee if they have not had the vaccine.

If an employer makes the return to the company premises conditional on vaccination, they are violating the employees’ privacy and medical confidentiality, and employees may freely refuse it. In case of dismissal, it could be judged null and void since it may violate the employee's privacy and medical secrecy.

On the other hand, for employees working in the above-mentioned establishments (bars, restaurants, department stores, shopping centres etc.), the employer may make the return of the employee to work conditional on the presentation of a health pass (either a negative PCR test, or proof of vaccination status concerning covid-19, or a certificate of recovery following a covid-19 contamination).

Finally, for health professionals, there will be no risk for the employer. The employer will be able to condition the return to the premises on proof of vaccination status.

Last updated on 21/09/2021

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Greece

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See question 7 regarding vaccination and entering the workplace.

Given that covid-19 vaccination is not mandatory (with some exceptions for employees working in nursing homes, hospitals etc), making entry subject to having received a covid-19 vaccination is not lawful and gives employees grounds to raise a discriminatory claim against their employer.

Last updated on 21/09/2021

10. Are there some workplaces or specific industries or sectors in which the government has required that employers make access to the workplace conditional on individuals having received a Covid-19 vaccination?

10. Are there some workplaces or specific industries or sectors in which the government has required that employers make access to the workplace conditional on individuals having received a Covid-19 vaccination?

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France

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Please see above (questions 8 and 9) regarding the workplaces and specific industries concerned by making the access to the workplace conditional on individuals having received a Covid-19 vaccination.

Last updated on 21/09/2021

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Greece

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Vaccination is mandatory for specific categories of employees (see above) as well as all employees working at public and private hospitals. Employees of the health and care sector cannot duly provide their services if they are not vaccinated and their employer is released from their obligation to pay salaries.

Last updated on 21/09/2021

11. What are the key privacy considerations employers face in relation to ascertaining and processing employee medical and vaccination information?

11. What are the key privacy considerations employers face in relation to ascertaining and processing employee medical and vaccination information?

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France

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Moreover, regarding the processing of data relating to an employee’s vaccination, the CNIL has not yet issued a directive on the specific subject of the processing of employee vaccination data by employers. Because of their sensitive nature, data relating to employee health are subject to special legal protection: they are in principle prohibited from being processed. Employers, therefore, may not keep a list of vaccinated employees, or disclose the names of those who do not wish to be vaccinated.

In fact, according to the CNIL, "because of their sensitive nature, data relating to a person's health are subject to special legal protection: they are in principle prohibited from being processed. In order to be processed, its use must necessarily fall within one of the exceptions provided for by the GDPR, thus guaranteeing a balance between the desire to ensure the security of individuals and respect for their rights and fundamental freedoms. Moreover, their sensitivity justifies that they be processed under very strong conditions of security and confidentiality and only by those who are authorized to do so.

The exceptions that can be used in the context of work are limited and can generally be based on either :

  • the need for the employer to process this data to meet its obligations in terms of labour law, social security and social protection: this is the case for the processing of reports by employees,
  • the need for a health professional to process such data for the purposes of preventive or occupational medicine, (health) assessment of the worker's capacity to work, medical diagnoses etc.

For these reasons, employers who would like to initiate any steps aimed at ascertaining the state of health of their employees must rely on the occupational health services.

The CNIL points out that only competent health personnel (in particular occupational medicine) may collect, implement and access any medical forms or questionnaires from employees/agents containing data relating to their health or information relating in particular to their family situation, their living conditions or their possible movements"

However, we find these exceptions difficult to apply in the context of covid-19.

For employees subject to mandatory vaccination, the law allows the employer, or regional health agency if applicable, to store the result of the check on the proof of vaccination status.

Please note that the employer may not keep the proof of vaccination. In other words, the employer may not keep the QR code, only the “Yes/No” result of the test. Keeping the result is limited in time (currently until 15 November 2021).

The information thus collected is personal data subject to the General Data Protection Regulation (GDPR).

Last updated on 21/09/2021

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Greece

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Medical and vaccination information falls within a special category of data (ie, data concerning health) according to article 9 of the GDPR. Against this background, it can be only processed in exceptional circumstances by relying on one of the following potential legal bases:

(i) it is provided for in a specific legal provision as a respective obligation either for employers of a specific sector or for all employers (article 9(2)(b) of the GDPR); 

(ii) it is deemed necessary so that the employer meets their obligation to protect employees’ health and safety in the workplace, under the provisions of article 9(2)(b) of the GDPR and Greek Law 3850/2010; or

(iii) the employee voluntarily discloses vaccination-related information to the employer, so that transmission of data falls within the scope of article 9(2)(a) of the GDPR.

Moreover, employers must comply with fundamental data-processing principles (article 5 of the GDPR) and any other obligation provided for under the GDPR when processing special categories of personal data as data controllers. In particular, data minimisation and storage limitation principles must be observed by employers. In addition, employees have to be previously informed according to article 13 of the GDPR of the processing of their personal data and appropriate technical and organisational measures must be implemented according to article 32 of the GDPR (eg, restricted access to data, confidentiality etc).

Last updated on 21/09/2021

12. What are the key health and safety considerations for employers in respect of remote workers?

12. What are the key health and safety considerations for employers in respect of remote workers?

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France

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The health and safety considerations for employers in respect of remote workers are the following:

  • Modes of work time control or workload regulation;
  • Determination of the time slots during which the employer can usually contact the remote worker to respect the right to disconnect and the right to privacy;
  • Organise an annual meeting to discuss working conditions and workload; and
  • Evaluate professional risks, in particular those linked to the employee's distance from the colleagues and regulating the use of digital tools.
Last updated on 21/09/2021

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Greece

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  • at Kyriakides Georgopoulos Law Firm

Key considerations include health and safety issues, both in terms of mental health due to employees’ isolation from their colleagues, and in terms of safety because when working from home it is difficult to identify what constitutes and what does not constitute a work accident.

In general, employers are liable towards employees for health and safety issues even during the remote-working arrangement; the employer is obliged to inform remote workers regarding company policies on health and safety matters including information about organisational and technical issues, equipment usage guidelines and inform them of the procedure to be followed if there is an accident during working hours, their right to take adequate breaks and their right to disconnect.

A new ministerial decision that will further specify such health and safety rules as well as the procedure that the Labour Inspectorate will follow to check compliance with health and safety measures is expected soon.

Last updated on 21/09/2021

13. How has the pandemic impacted employers’ obligations vis-à-vis worker health and safety beyond the physical workplace?

13. How has the pandemic impacted employers’ obligations vis-à-vis worker health and safety beyond the physical workplace?

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France

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  • at Proskauer Rose

The pandemic does not strictly speaking have an impact on employers' obligations towards workers' health and safety beyond the physical workplace. But the National Interprofessional Agreement on remote status was renegotiated on 26 November 2020 and strongly raised awareness among employers on those issues to:

  • Communicate within the work community;
  • Adapt the managerial practices: trust and definition of clear objectives;
  • Train managers and employees;
  • Maintain social ties and prevent employees from isolation: it is useful to plan group time, to set up remote communication means to facilitate exchanges, to assist in case of difficulties with computer tools, etc; and
  • Make available to all employees, including those working from home, relevant contacts so that employees in vulnerable situations can use them.
Last updated on 21/09/2021

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Based on the provisions of the new law, employers must introduce a health and safety-related company policy or individually notify each employee regarding the company’s applicable health and safety measures.

Last updated on 21/09/2021

14. Do employer health and safety obligations differ between mobile workers and workers based primarily at home?

14. Do employer health and safety obligations differ between mobile workers and workers based primarily at home?

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France

  • at Proskauer Rose
  • at Proskauer Rose
  • at Proskauer Rose

No, the legal and conventional provisions on health and safety at work apply to both mobile workers and workers based primarily at home. It must be taken into account that the employer cannot have complete control over the place where teleworking is carried out and the environment, which is part of the private sphere. This implies an occupational risk assessment adapted to the case of mobile workers and the case of workers based primarily at home.

Last updated on 21/09/2021

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

No, as the current legal framework distinguishes between: (a) employees working at the company’s premises or any other designated by the company as a place of work (ie, another company, client, field etc); and (b) employees providing their services remotely. In both cases, the employers must ensure employees’ health and safety.

Last updated on 21/09/2021

15. To what extent are employers responsible for the mental health and wellbeing of workers who are working remotely?

15. To what extent are employers responsible for the mental health and wellbeing of workers who are working remotely?

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France

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  • at Proskauer Rose
  • at Proskauer Rose

Employers are liable within the limits of their obligations (see question 12). As long as employers respect these obligations, in case of litigation, it will be up to the employee to demonstrate that the deterioration of their health is related to the employer's failure to respect its obligations.

Last updated on 21/09/2021

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

The new law s4808/2021 stresses employers’ obligation to protect the mental health of remote workers. To that end, certain provisions have been enacted to encourage a good work-life balance, including the right to disconnect and the prohibition of any retaliation measures or discriminatory behaviour against employees exercising their right to disconnect.

Employers must also prevent the isolation of employees working from home and allow them to meet with their colleagues regularly, by organising meetings so they have access to all information concerning the company.

Also, employees working from home have the same collective rights as employees working at a company's premises. Communication with employee’s representatives should not be prevented.

Last updated on 21/09/2021

17. To what extent have employers been able to make changes to their organisations during the pandemic, including by making redundancies and/or reducing wages and employee benefits?

17. To what extent have employers been able to make changes to their organisations during the pandemic, including by making redundancies and/or reducing wages and employee benefits?

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France

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  • at Proskauer Rose
  • at Proskauer Rose

During the pandemic, employers were able to carry out reorganisations involving collective redundancies for economic reasons (subject to justifying a real and serious economic reason as defined by article L.1233-3 of the labour code).

They were also able to negotiate collective performance agreements to meet the needs linked to the operation of the company or to preserve or develop employment by adjusting the working hours of employees, remuneration, and determining the conditions of professional or geographical mobility within the company.

Employers may also have to negotiate or renegotiate agreements or charters on remote status or review their organisation by developing a co-working space, different from the company’s premises, on a regular or occasional basis or in case of exceptional circumstances or force majeure.

Last updated on 21/09/2021

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Companies that made use of the government’s state aid measures could not proceed with redundancies or salary reductions for as long as the measures were applied. Companies that did not make use of said measures were able to proceed with redundancies or agree on salary reductions with their employees.

Last updated on 21/09/2021

18. What actions, if any, have unions or other worker associations taken to protect the entitlements and rights of remote workers?

18. What actions, if any, have unions or other worker associations taken to protect the entitlements and rights of remote workers?

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France

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  • at Proskauer Rose

In general, employees and new works council members have a right to alert and withdraw from any situation which they have reasonable grounds to believe presents a serious and imminent danger to their life or health (article L.4131-1 and L.4121-2 of the labour code).

Apart from these actions, the new works council or the unions will always have the ability to report to the employer any malfunction affecting the entitlements and rights of remote workers.

In any case, please note that employees who wish to terminate their status as a remote worker will have priority to assume resume a non-teleworking position that corresponds to their professional qualifications and skills and to inform the employer of the availability of any such position (article L.1222-10 of the labour code).

Last updated on 21/09/2021

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Following the introduction of the new law 4808/2021 regarding remote working, the role of trade unions will increase as they will seek to remain actively involved in certain processes related to remote working.

The main concerns of the General Worker’s Confederation, as recently notified to the government and  employers' organizations are:

•             the introduction of teleworking through collective-bargaining agreements;

•             the voluntary nature of teleworking and the minimum standards to be complied with;

•             the safeguarding of remote workers’ rights and their communication with employee representatives; and

•             the coverage of all costs related to working from home and all additional costs resulting from the use of employees’ homes as their offices.

We believe that there will be new collective labour agreements regulating working from home and flexible working arrangements in the future.

Last updated on 21/09/2021

19. Are employers required to consult with, or otherwise involve, the relevant union when introducing a remote-working arrangement? If so, how much influence does the union and/or works council have to alter the working arrangement (for example, to ensure workers’ health and safety is protected during any period of remote work)?

19. Are employers required to consult with, or otherwise involve, the relevant union when introducing a remote-working arrangement? If so, how much influence does the union and/or works council have to alter the working arrangement (for example, to ensure workers’ health and safety is protected during any period of remote work)?

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France

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  • at Proskauer Rose

Remote-working is implemented within a collective agreement negotiated with the unions or, failing that, within a charter drawn up by the employer after the opinion of the new works council if it exists (article L.1222-9 of the labour code).

The collective agreement or, failing that, the charter drawn up by the employer specifies:

  • The conditions for switching to remote status, in particular in case of a pollution episode, and the conditions for returning to performance of the employment contract without remote working;
  • The terms of acceptance by the employee of the conditions of implementation of remote status;
  • The modes of control of the working time or regulation of the workload;
  • The determination of the time slots during which the employer can usually contact the remote worker; and
  • The modes of access to a telework organisation for disabled workers.

The way of negotiation seems to be prioritised by the legislature. Apart from those mandatory clauses, the social partners have every interest in being a force of proposals, which will be accepted or refused by the employer. If the unions refuse to sign the agreement, the employer may provide for these measures in the framework of a charter, which it may implement after the opinion of the new works council (non-binding opinion).

Finally, in the absence of a collective agreement or charter, when the employee and the employer agree to telework, they may formalise their agreement by any means.

Last updated on 21/09/2021

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Remote working is agreed with each employee through the signing of a written agreement that should include all elements of the remote arrangement (ie,  equipment, costs to be covered by the employer, the employee’s right to disconnect, health and safety measures during the remote-working arrangement etc).

However, according to the new law, 4808/2021 the technical and organisational measures required for the implementation of the employees’ right to disconnect must be agreed upon between the employer and the employee’s representatives. If no agreement is reached, the aforementioned measures must be communicated to the employee in writing.

Last updated on 21/09/2021