Recruitment certain time the subsidiaries of the 8 DEKOs belonging to the Superfund, which manages the state property, will be allowed to cover special needs and with an explicit reference that these contracts they cannot be converted to indefinite by “permanent” employees. According to articles 21 and 22 of the new law, recruitments, whether for an indefinite or fixed term, will be carried out by the ASEP procedure. Fixed-term recruitments are divided into two categories, which are as follows:
- Recruitment with fixed-term private law employment contracts to meet special needs that require specialized experience or studies to perform a specific project. These recruitments will be made through ASEP (as well as those of indefinite duration) and will be renewed for as long as necessary for the execution of the project, after an assessment of the needs.
- Recruitment of temporary staff with a fixed-term employment contract to cover temporary, transitory or seasonal needs. These recruitments will be made outside ASEP, by decision of the managing director. The duration of employment of staff for emergency needs cannot exceed 8 months in a total period of 12 months for DEKOs that still belong to the State. In DEKOs that are not bodies of the General Government, the duration of employment for fixed-term recruitments will not exceed 12 months and may be renewed only once. After the end of the aforementioned period of employment (8 or 12 months), these contracts are automatically terminated, without any warning or wording and without compensation. Extension or conclusion of a new contract during the same calendar year or conversion to an open-ended contract are invalid.
The provisions of the new law concern the following companies: Hellenic Post (and their 100% subsidiary ELTA Courier), TEF-Helexpo, Organization of Central Markets and Fisheries (OKAA), Central Market of Thessaloniki (KATH), GAIAOSE, Hellinikes Alykes, Anonymous Company Corinth Canal (AEDIK), Athens Communications (OASA and its subsidiaries OSY and STASY).
In labor, the upheavals come through two provisions that provide for the establishment of the so-called “managerial right”, i.e. the jurisdiction of the general manager, managers and high-ranking executives in general to regulate working hours, shifts and overtime, depending on the needs presented each time, as is also the case in the private sector, andthe drawing up of labor regulations by decision of the managements and not through collective negotiations with the representatives of the workers, as was done for a number of years.
At article 26 of the new law it is stated that employment contracts are governed by the existing labor legislation of the private sector and that the exercise of the managerial right on behalf of each company is done by the managing director and the employees who hold positions of responsibility in it, in accordance with their internal operating regulations.
This addition to the work regime of the Superfund’s DEKOs means that the managing director or general manager will be able to decide on flexible working hours and overtime or even determine staff leaves according to the needs of the business. Promotions, transfers, transfers of staff, as well as the filling of supervisor positions and positions of responsibility beyond general managers and directors also fall into the hands of administrations.
Observations on article 26 were formulated by the Scientific Service of the Parliament noting that there is a discrepancy with article 21 which refers to the staff of DEKO subsidiaries that are bodies of the General Government and are not governed by labor legislation.
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