Greece has not yet implemented the ICT directive; this is anticipated to happen during late autumn 2017. Herebelow please find a summary of the draft Law which has been announced in middle of July. Info can not be confirmed at this stage and the below are subject to changes.
ICT permit applies for:
-Managers (senior position)
-Specialists ( persons working within the group of companies possessing specialised knowledge essential to the Greek company’s areas of activity, techniques or management. In assessing such knowledge, the person has to have a high level of qualification including adequate professional experience referring to specific technical knowledge, including possible membership of an accredited profession.)
-Trainee employees (person holding a university degree, transferred to Greece for career development purposes or obtain training in business techniques, he is being paid)
ICT does not apply for:
-Researchers
-Non EU individuals who enjoy the free movements within the EU (through special arrangement EU-third countries)
-Posted workers that are not under payroll
-Self employed
-assigned by employment agencies
-Students
Procedure
Step 1: Issuance of visa d
Step 2: Deposit in Greece in the Ministry of Interior/biometric measurements
Step 3: Issuance of actual permit
Duration (includes mobility within member states)
-Managers (senior position): maximum 3 years, minimum 1 year
-Specialists : maximum duration of 3 years, minimum 1 year
-Trainee employees : maximum duration of 1 year
When the permit expires, ICT transferees should leave immediately. In case they wish to re-apply, they are able to do so after 6 months from the day of expiry.
By way of derogation, managers and specialists can apply for a European Blue Card.
Family Union: Dependents are allowed to apply. They should do so at the same time of the application of the main assignee. Adults are granted access to the labor market.
Renewal: possibility of renewal exists in country, it should take place up to 2 months before the expiry of the initial permit.
REQUIREMENTS
-Applicant is bound by a work contract prior and during the transfer to a company established outside the EU
-Company in Greece must be established in Greece
-Salary: Salary should be more than the minimum wage of any equivalent position hold by a Greek national.
-Public threat: ICT applicant should not pose a threat to public policy, public security or public health.
-Quota: the State has the right to pass a common ministerial decision (once per year) where the maximum number of ICT expertised employees and trainees are determined.
-declaration of posting should take place by the host company before the commencement of work in all Member States.
-Timing of application for an ICT: The application for an intra-corporate transfer is submitted when the first stay in Greece is the longest overall stay during the transfer.
Greek Company’s obligations for notification of Greek public authorities:
-Notification should take place even if Greece is the second or first member state of the ICT.
-Timing of the notification: at the time of the application of the ICT (even if not in Greece) or after the ICT emloyee is admitted to the first member state and his intended mobility in Greece is known.
-Notification to include: work contract and assignment letter which were transmitted to the first Member State and if not stated in the above mentioned documents the planned duration and dates of mobility. All documents should be in Greek language.
-In case of any change/modification which affects the conditions on which basis the mobility was allowed, this should be notified to the authorities immediately.
-In any case, the ICT transferee can enter Greece and work only following the declaration and acceptance of the Greek authorities.
(within 20 days the authorities have the right to object if any of the conditions are not met or documents are fraudulently prepared. In this case, the Greek authority notifies the competent authorities of the first member state)
-In case the ICT transferee is objected the mobility, then he must stop working immediately.
Obligations of travelling assignee
-The ICT transferee has the right to stay in any country and work as long as he can provide proof of the relevant posting of worker announcement of the said country.
-In case the transferee ceizes work in the second member state then he can return freely to Greece with his family (subject to the Schengen info system).
-ICT transferees should be properly socially insured by any member state or home country as the Laws of these countries imply.
Penalties
- refusal to renew ICT permit
- Greek company can not bring any other ICT assignee for 2years (4 years if offence is repeated)
- euro 1500 (or 3000 if repeat of offence) for each ICT employee.
Penalties are imposed if:
–if the Greek company did not notify the authorities (declaration of posting)
-the ICT is used for other purposes other than those for which it was issued
-the application was submitted to a Member state other than the one where the longest overall stay takes place
-the assignee no longer fulfils the criteria on which the mobility allowed to take place
-assignee started working in the second member state although the conditions of mobility were not fulfilled
Documentation needed (visa and permit)
National visa for intra company transfer is needed to be issued before the applicant reaches Greece
1.Valid passport is needed (with validity of at least the initial period of validity of the permit)
2.Proof of bonding of the home and host company (belongs to the same group of companies)-in Greek language
3.Recent certificate from home company issued by the competent public authority regarding the legal establishment and operation and of the names of the legal representatives. -in Greek language
4.AOA of Greek company -in Greek language
5.Work contract and an assignment letter
(details of the duration of the transfer/address of company in Greece/evidence that the person is undertaking a position as manager, specialist or trainee/salary to be over than the minimum wage in Greece/ and conditions of employment as per greek labor legislation (annual leave, working hours, minimum wage)/ evidence that the assignee will be able to transfer back to home company at the end of the ICT) )-in Greek language
6.Evidence of employment in home company for at least one year back (for trainees at least 6 months) )-in Greek language
7.University degree and experience proof -in Greek language
8.Where applicable, present documentation certifying that the third-country national fulfils the conditions laid down under the national law of the Member State concerned for Union citizens to exercise the regulated profession to which the application relates -in Greek language
9.Health insurance covering all risks that are predicted for Greek nationals –in greek language
10.(Apply only for trainees): training contract including a description of the training program, which demonstrates that the purpose of the stay is to train the trainee employee for career development purposes or in order to obtain training in business techniques or methods, its duration and the conditions under which the trainee employee is supervised during the program-in Greek language.
