The Ministerial Decision No. 113169/2023 (Government Gazette B 7421/2023), being effective from 01.03.2024, amends the decision No. 90972/15-11-2021 of the Minister of Labor and Social Affairs, which, until now, specifies the criteria which determine whether an employee has one of the capacities of paragraph A of article 2 of the International Convention of the International Conference of Washington, ratified by means of article 1 of Law No. 2269/1920 (A 145), namely whether he/she holds a managerial, confidential or supervisory position.
The new decision redefines the relevant criteria for the classification of “managerial personnel”, in relation to whom certain registrations shall be made in the “ERGANI” Information System.
Employees who have one of the following capacities are presumed to be employed as “managerial personnel” in a company for the purpose of registration in the the “ERGANI” Information System:
1. Employees who exercise managerial rights in the company or are authorized to make decisions autonomously, or represent and bind the company towards third parties, or are members of the board of directors or of any respective corporate body or are shareholders or partners holding more than 0.5% of the voting rights;
2. Employees who are heads of directorates, units or departments or other independent organizational units of the company, which are specified in the organization chart of the latter, in the event that they are entrusted with the supervision of part of the substantial, continuous, intermittent or exceptional operations, and they receive a monthly salary equal to at least four (4) times the minimum statutory salary (instead of six (6) times, as previously set forth in Ministerial Decision No 90972/2021).
3. Employees who receive a monthly salary not less than at least six (6) times the minimum statutory salary (instead of eight (8) times, as set forth in Ministerial Decision No 90972/2021).
