This residence permit does not give right to access to any type of employment, according to, Article 20, paragraph 6, Law 4251/2014. Employment in this case does not include the exercise of economic activity in the capacity of a shareholder or Chief Executive Officer of companies established before your application for this residence permit. This exemption for economic activity refers to third country citizens who are shareholders or managers of all forms of capital companies (S.A., Ltd, Private limited companies). Therefore, if someone wants to work as an executive in the private sector, the necessary requirement is a certain type of work permit: WORK PERMIT- EMPLOYEES OF SPECIAL ‘’PURPOSE’’ This type of work permit requires by the employee some general ‘’easy’’ documents like a certain type of visa (type DA2), 4 photos, a copy of his passport legally certified, a deposit in favor of the Greek government etc and some special documents. All the special documents (such as the statute of the firm, the work contract etc) that are needed are provided by the firm. The only employees who can get this type of work permit are the executives of a company, for instance, the members of the Board of Directors, shareholders, general directors, legal representatives etc.
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How can I sponsor a golden visa holder for a work permit in Greece?
I obtained Greek citizenship five years ago and am now running my own business in Athens. My friend from India just got her Greek golden visa. We understand that she can’t work under her golden visa, but I want to sponsor her for a separate work permit as an employer. What are the procedures?
Answers
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There are four types of work permits according to Greek Immigration Law and each one of them requires some special documentation. One type is the employees of special “purpose”. Such employees are considered executives of a company, members of the board of directors, shareholders, general directors, legal representatives, etc. All the special documents that are needed are provided by the firm. This kind of work permit could be according to the restrictions of Golden visa holders provisions, as below. In no case does the residence permit golden visa provides access to any type of employment. Employment, according to paragraph 6, article 20, of Law 4251/2014, does not include the exercise of economic activity in the capacity of a shareholder or a chief executive officer for an already existing company. But since you have an already existing and operating company you could offer her a position of Chief executive in your company.
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The fact that she has the golden visa already is irrelevant to the work permit since as you probably know the golden visa does not give her the right to work. Work permit procedure and conditions depend really on numerous of facts, such as the nature of the business and her specialization and level of education. You definitely have to hire a lawyer for this since the procedure can be complex.
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Articles 648 to 680 of the Greek Civil Code on "contract of employment" are the basic provisions that govern the employment relationship between employers and employees. There are a lot of provisions regulating the dependent employment regarding the max working hours, the rights of employees, overtime, annual leave, compensation of dismissal etc. Minimum provisions of an employment contract As a rule, the employment agreement does not have to be in writing. However, according to Presidential Decree No. 156/1994, the employer is obliged to notify the employee in writing, within two months of the commencement of the working relationship, of the essential terms of the employment contract, which are the following: the ID data of the contracting parties; the place of work; the position of the employee, as well as the object of his or her work; the date from which the contract is in force and its duration; the duration of the leave of absence with benefits the employee is entitled to, as well as the manner and time of its issuance; all the kinds of remuneration the employee is entitled to, and their frequency; the duration of the regular daily and weekly employment of the employee; reference to the collective regulation that applies and defines the minimum terms of wage and employment of the employee; and the compensation that may be owed if the contract is terminated, as well as the deadlines to be kept by both the employer and the employee, pursuant to the legislation in force in the event the employment contract is terminated. The legal daily working hours for employees, that is, the time work plan as imposed by the law, is eight hours for enterprises employing their personnel five days per week, and six hours and 40 minutes for businesses employing their personnel six days per week. In general, an agreement between the employer and the employee is possible regarding a working schedule with fewer hours than the limit imposed by the law, but without prejudice to the entitlement of the employee for full remuneration. There is a minimum wage of 586.08 euros per month for 14 months per year and the compensation is calculated according to how many years an employee works in the firm The insurance obligation is around 41% on the salary and is divided 16% the employee and 25% the employer The above are some basic information regarding the employment issue which should be scheduled upon expert advisory and consultancy.
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You can make her a shareholder or administrator of your business.