The introduction of teleworking in the civil service has sent the law back to parliament after a DISY amendment allowing state employees to work remotely four days per month.
According to the presidential referral, the maximum number of remote working days should apply to the entire year rather than per month. The referral also identifies encroachment by the legislative authority on the powers of the executive authority.
Twenty-one MPs from DISY, DIKO, DEPA and the Greens’ Stavros Papadouris supported the DISY amendment for implementing remote work up to four days per month, whilst 12 MPs from AKEL, ELAM and the Greens’ Charalambos Theopemptou voted against it.
President Nikos Christodoulidis points out in the referral that although the government’s intention is initially to set a limited number of teleworking days to test and evaluate implementation, he stresses that setting days per month through an amendment is expected to create practical problems.
According to President Christodoulidis, it will restrict the flexibility and scope that each department head must have to implement teleworking for their staff based on operational needs.
“During one or some months within each year there may be limited scope for teleworking of a Service’s staff and it may not be feasible to grant four days, nor even fewer perhaps, but there may be greater scope in other months,” the referral adds.
Encroachment on executive authority powers
At the same time, the President stresses, parliament’s restriction prevents the possibility of granting teleworking leave for consecutive days (beyond four) for a specific period if this serves operational needs, such as completing a project within a specific deadline.
“The maximum number of teleworking days should appropriately apply to the entire calendar year and not per month, for purposes of flexibility in how teleworking is implemented,” it adds.
Beyond the practical issues the amendment causes, according to President Christodoulidis, it also constitutes unlawful interference in the field of action of the executive authority and specifically a violation of the principle of separation of powers.
He also cites Supreme Court case law on the constitutional basis of this principle.
Additionally, the President points out that the legislation contravenes the principle of separation of powers, as through it regulations are established that fall within the exclusive competence of the executive authority.
“Through the law under referral, procedures are established that in many cases will prove unenforceable, whilst the executive authority is deprived of the ability to find more practically applicable or/and more effective solutions,” it stresses.
In conclusion, President Christodoulidis calls on parliament not to insist on its decision and to amend the law so that implementation of teleworking is left to the government.
Today, the referral will be examined by the Parliamentary Finance Committee. Teleworking is part of flexible working arrangements, as it is included in the Recovery Fund prerequisites.
Flexible hours to plenary
Beyond teleworking, flexible working arrangements include a two-hour reduction in working hours, as well as extending flexible hours for all civil servants from the current one and a half hours to two hours.
Under the legislation, employees will be able to arrive at work from 7:00 a.m. to 9:00 a.m. and leave from 2:30 p.m. to 4:30 p.m. respectively.
The relevant legislation was discussed in parliament yesterday, and it was decided to take it to plenary. The two pieces of legislation relating to flexible working arrangements must be approved by parliament before the end of the year for the Republic to receive the next instalment from the Recovery Fund.
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