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

AuthorPanagiota Petroglou
8 Self-employed workers ( Directive 2010/41/EU and some relevant
provisions of the Recast Directive)
8.1 General (legal) context
8.1.1 Surveys and reports on the specific difficulties of self-empl oyed workers
To the authorΣs knowledge, there have been n o surveys and reports published in Greece
over the last five years that provide insights into the difficulties that self-employed workers
8.1.2 Other issues
There are no relevant issues.
8.1.3 Overview 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/EU of th e European Parliament and the Council,Σ τJ A 235/ 3.12.2012
(Directive 86/613/EEC had not been transposed).
8.1.4 Political 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.
8.2 Implementation of Directive 2010/41/EU
Directive 2010/41/EU has been explicitly implemented into national law by Act
8.3 Personal scope
8.3.1 Scope
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 d efinition 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 emplo yment.427 The self-employed may work on the basis o f a contract for
services or independent employment or 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.
8.3.2 Definitions
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.
426 Act 4097/2012, J A 235/3.12.2012.
427 τn the meaning of Ρsubordinate employmentΣ see SCPC (Civil Section) Nos. 1674/2010, 433/2011.

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