Maria Rigaki of EY explains why a new decision regarding the exemption of executive employees from working hours limits will have wide-ranging implications, including on taxation of income.

By virtue of Ministerial Decision 90972/15.11.2021 (Β' 5393), the Greek Ministry of Employment has enabled Article 73 (2c) of Law 4808/2021. This sets the preconditions according to which the capacity of an employee as an executive may be confirmed and by which they can be validly exempted from working hours schedules and payment of overtime.

The confirmation of the preconditions categorising a person as an executive employee will exclude them from the (future) implementation of the digital working card, according to which the Greek labour authorities will have direct and real-time access to the daily working hours of employees.

Basic criteria

Specifically, an employer should register employees as executive personnel in the online reporting system of the Greek Ministry of Employment, on the condition they meet one of the following criteria:

• They either (a) exercise management rights over other employees of the company, or (b) represent and commit the business to third parties, or (c) are members of the board of directors or members of a corresponding governing body of the employer, or (d) are shareholders or partners holding more than 0.5% of the employer’s voting rights.
• They are heads of departments or units of the employing entity, provided that these employees are remunerated with...

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