April 26, 2024 5 min read
Digital work card: Deadline expires today

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Last day, today, December 20, for the completion of the digital inventory process of working hours through the Digital Work Card mechanism, in the Information System ERGANI II, by all enterprises - employers in the private sector for all their employees with a contract of salaried dependent employment. The Ministry of Labour has made it clear that no further extension will be granted.

The remaining companies that have not been de-registered and their accountants are invited to take the necessary steps. This is in order to complete the digital working time census on time.

As part of this procedure, the employer declares for each employee the general employment relationship data concerning working time. Also the working hours in digital format, either as a fixed weekly or as a variable daily working time. The census of employees can be done in stages (e.g. for each branch).

The digital inventory of working time in the information system Ergani II should not be confused or identified with the mechanism for the Digital Working Card.

The implementation of the mechanism for the Digital Job Card, will be the the next stage of the procedure and will be implemented gradually, i.e. after the completion of the digital inventory of working time in the Organi II of all employees with a paid dependent employment contract, after a dialogue with both employers and employees and will proceed, on the basis of what has already been announced, step by step.

particularly:

The second phase of implementation for the Digital Job Card will first of all concern insurance and security companies. It will then be extended to industry and public utilities. Further, the other categories of business activity, which the government has already talked about, will be gradually added.

In any case, as has already been repeatedly stressed, the Digital Job Card is implemented after taking into account all the specificities and operational needs of each sector. At the same time, there must be those operational provisions that are required in each case for its smooth operation.

The General Secretariat for Labour Relations of the Ministry of Labour and Social Affairs takes the initiative to inform (by organising workshops and/or seminars), in cooperation with the social partners, chambers and professional bodies of the labour market, for a better and easier process of recording and inventory of digital working time for all private sector workers in the country in P.S. ERGANI II.

It is recalled that from 1 July the Digital Job Card will be applied in all banks and supermarkets employing more than 250 employees.

Fines if the Digital Working Card is not implemented

If employers fail to record the time of employment, the infringements are considered:

  • Failure to take inventory of digital organisation of working time - VERY HIGH
  • Non-submission of a licence declaration - IMPORTANT
  • Failure to declare "Organisation of Working Time" (Fixed / Postponed) - VERY HIGH
  • Failure to submit a declaration of employment relationship data (inventory) - EUR 2,000/recipient
  • Failure to submit a "Organisation of Working Time" declaration before taking up duty
    for part-time employee - 2.000 euro/recipient - VERY LOW
    for full-time employee - 600 euro/recipient - HIGH
  • Fines and penalties for not using the digital working card
  • Non-functioning of an electronic system for real-time measurement of working time directly linked to the P.S. WORKING → VERY HIGH
  • Failure to inform the relevant SEPE in case of (start/end) force majeure/objective impossibility that prevents the operation of the working time measurement system → VERY HIGH
  • Failure to activate the Digital Work Card of an employee → VERY HIGH, 10.500 euros/per victim
  • Submission of employee's Digital Card data that are at variance with the actual start or end of employment → VERY HIGH, EUR 3,000/per victim
  • Failure to submit digital card data (where applicable) → VERY IMPORTANT, 3.000 euro/per victim
  • Application of Flexible Working Hours to an employee who has not activated the digital card →HIGHEST, EUR 4.000/per victim
  • Failure to keep for a period of 10 years the data of the working time measurement system → VERY HIGH, 4.000 EUR/per victim

In fact, if three inspections within a period of 12 months, the violation of this is found, a temporary suspension of the business for a period of 15 days.

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