2.1 Legal Framework: in Greece, this leasing case was first settled by L. 2956/2001, which defines the conditions for the creation and operation of “temporary employment agencies”, defines the concept of temporary work and governs the relations of the parties concerned. As a result, Law 4052/2012 transposing the 2008/104 directive into Greece repealed the old Law 2956/2001. Workers` leasing, particularly the professional leasing of workers through temporary employment agencies, is undoubtedly a form of flexible employment, with many benefits for businesses. Both Greek and European lawmakers have taken important steps to reduce the risks this form of employment poses to workers. However, it is the responsibility of the companies and the right society to act in a general way that, in practice, the provisions relating to the protection of workers are strictly enforced and without undue circumvention. 6) Obstacles to the provision of services/withdrawals from K-K GmbH are completely or temporarily exempt from the obligation to provide service when (and to the extent) staff rental becomes impossible or unreasonably difficult (temporary or permanent) due to exceptional circumstances that have not been caused by the fault of K-K GmbH. These exceptional circumstances include labour disputes (whether in the tenant`s company or at K-K GmbH), measures taken by public authorities under public law, natural disasters, diseases, epidemics, etc. In addition, K-K GmbH has the right to terminate the staffing contract in the above cases. If the tenant does not start work, continues his work or is not active for other reasons, the client must immediately inform K-K GmbH. K-K GmbH is authorized (and will do his best) the provision of a replacement staff.
If there are no replacement staff available, K-K GmbH is challenged by the obligation to provide an employee, unless K-K GmbH is responsible for the employee`s failure to work. 9) Additional payment, overtime and work at night, Sunday or on public holidays requires special prior agreement. For this work, special surcharges are charged to the tenant; The amount of these increases is determined by the terms of the staff rental agreement. Unless otherwise agreed, K-K GmbH also has the right to increase rental costs by the same factor, as its costs are increased, since it must make higher payments to employees leased to the tenant under collective agreements on royalty/supplement surcharges in certain sectors.