Digital Work Card: In effect today in retail and industry – Premiere for 6-day work

Today July 1, 2024 the mandatory application for the digital work card in retail and industry. while at the same time it is possible to apply the 6-day work in sectors of the economy that have a production line in continuous operation.

Digital Job Card

The informational circular provides answers to various questions regarding the application of the Digital Work Card. The measure is already successfully applied to employees employed in banks, large supermarkets, insurance companies, security companies and DEKO.

The application of the Digital Work Card aims to fully safeguard the rights of employees, while in the ERGANI II information system it will be possible to register any changes to working hours and overtime.

Prescribed penalties for the digital job card

The penalties for non-compliance with labor legislation by companies that already use the digital work card, but also for those that will be subject to this regime, include the following:

  • Failure to activate a digital employee card: 10,500 euros.
  • Non-observance for at least ten years of the elements of the working time measurement system, as long as the control and verification of financial claims of an employee in a labor dispute is hindered: 4,000 euros.
  • Submission of details of the digital employee card that deviate from the actual start or end of employment: 3,000 euros.
  • Non-submission of the digital employee card data for the actual start or end of employment: 3,000 euros.
  • Application of flexible hours to an employee without activating flexible attendance and the digital work card: 2,000 euros.
  • Failure to submit a statement of employment relationship details to the ERGANI II Information System in case of changes to statement details before the change is implemented and in any case before the employee takes up service: 2,000 euros.
  • Failure to submit a “Working Time Organization” declaration of a part-time employee in the event of a change in the Working Time Organization before the change and in any case before the employee begins work: 2,000 euros.
  • Non-submission of a declaration of “Working Time Organization” of a full-time employee in the event of a change in Time Organization: 600 euros.

Which employees will work 6 days

One of the sectors where employees will be able to work 6 days a week is industry. If the employer so chooses, he will have the possibility, under certain conditions, to impose on employees one more working day per week.

Certainly, this measure will not have a horizontal or uncritical application. According to the jurisprudence, work for 6 days per week was envisaged not as a general application, but due to extraordinary or seasonal needs in continuous and non-continuous operations.

According to the law, the 6-day work will be decided by the employer by declaring to ERGANI the employee or employees who will employ an extra day of the week. The new system will be applied to employees with 5-day work.

The forecast for the pay on the 6th day is that it has a 40% increase, while the work will not exceed 8 hours. In case the 6th working day coincides with a holiday or a Sunday, the employee will receive a 75% increase to the hourly wage plus 40%. Also, they will be entitled to a day off during the week.

What does the legislation provide for the 6th working day

The measure of employment for six days is foreseen to be applicable in exceptional cases, in which the company presents an unforeseeable particularly increased workload, as long as:

  • To have demonstrated to PS ERGANI II that he belongs to the specific category.
  • It must be declared, every time it wishes to make use of the 6th day, in advance to PS ERGANI II that the company presents a particularly increased workload during the specific period. This special condition is declared by the employer to the Labor Inspectorate before the employee takes up service and is subject to control in accordance with the applicable provisions.

As provided for in the relevant legislation, employees’ employment during the additional day may not exceed eight hours, while overtime and overtime work by the employee is prohibited. Employers are required to register the details of the working hours of their employees who will be employed on the sixth day in the statement of organization of working time before the employees take up duty.