Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Panagiota Petroglou
• Pages: 106-114

106

8Self-employed workers ( Directive 2010/41/EUand some relevant

provisions of the Recast Directive)

8.1General (legal) context

8.1.1Surveys and reports on the specific difficulties of self-employed workers

To the authorΣs knowledge, there have been no surveys and reports published in Greece

over the last five years that provide insights into the difficulties that self-employed workers

face.

8.1.2Other issues

There are no relevant issues.

8.1.3Overview of national acts

Act 4097/2012, ΡImplementation of the Principle of Equal Treatment of εen and Women

Engaged in an Activity in a Self-Employed Capacity –Harmonisation of the legislation with

Directive 2010/41/EUof the European Parliament and the Council,Σ τJ A 235/3.12.2012

(Directive 86/613/EEC had not been transposed).

8.1.4Political and societal debate and pending legislative proposals

There has been no political and/or societal debate and there are no pending legislative

proposals on this topic.

8.2Implementation of Directive 2010/41/EU

Directive 2010/41/EUhas been explicitly implemented intonationallaw by Act

4097/2012.426

8.3Personal scope

8.3.1Scope

With regard to personal scope related to self-employment in Greek legislation, Article 2(a)

of Act 4097/2012 copies the definition of Ρself-employedΣ which is used in the Directive. It

covers self-employed workers, namely anyone pursuing a gainful activity for their own

account, under the conditions laid down by national law and Article 1 of this Act. A more

specific definition is not provided. For the purposes of employment and social security,

several forms of employment are considered to be self-employment in contrast to

subordinate employment.427 The self-employed may work on the basis of a contract for

services or independent employmentor a remunerated mandate. The meaning of these

terms results from the case law on employment in general (see 4.3.1 above). There is no

case law which relies on Act 4097/2012.

8.3.2Definitions

Self-employed workers belong to several categories depending on the form of their

employment (see 8.3.1 above). The wording of Act 4097/2012 is so broad that it is difficult

to justify any exclusion, but there is no case law.

426Act 4097/2012, J A 235/3.12.2012.

427τn the meaning of Ρsubordinate employmentΣ see SCPC (Civil Section) Nos. 1674/2010, 433/2011.