Risks of employing the same people in more than one employer (co-employment)
The multiple employment or co-employment with part-time contracts or job rotation in several employers is permitted, being subject to supplementing and not exceeding the statutory maximum working time. The statutory working hours is eight (8) hours per day and forty-eight (48) hours per week.
The aforementioned working time limitation applies even in the case of genuine employee lending regime or employee transferring, where the original employer, having concluded an employment contract with an employee, granted with the consent of the employee his services to another third party employer.
The limitation of working time is a public policy provision - mandatory to protect the employee and does not apply to independent service contracts or independent professional activity.
Employee contracts concluded to perform work beyond the statutory working hours are contrary to prohibitive provision of law and thus invalid and void.
The case of an employee, who is currently contracted with the original employer, but provides its services to another employer, is not considered as undeclared labor.
The violation of Presidential Decree 27/07.04.1932 entails criminal penalties for the charged employer, in accordance with Article 7 of Decree 515/1970, and penalties for exceeding statutory hours of work, provided under Article 28 of L. 3996/2011.
Administrative sanctions are applicable to infringements of the provisions of PD 27.6/ 04.07.1932, in accordance with Article 24 of L. 3996/2011, as in force.
Publication date: 21/12/2016
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