ANNUAL POLICY REPORT 2012
immigration law (Law 3386/05)51.
3.1.2. Hiring of foreign workers
On March 22, 2012 a Joint Ministerial Decision was published on the maximum
number of residence permits to be issued to third country nationals for the
purpose of employment within 201252. By this decision, the provisions of
Articles 5 and 6 of Law 4018/2011, which replaced Articles 16 and 16A of Law
3386/2005 concerning the admission of third-country seasonal workers and
fishermen workers respectively, were applied for the first time. The purpose of
the new legislation is to reduce bureaucracy and to facilitate the hiring of
special categories (seasonal work / fishworkers). The innovations of the new
law include the admission procedure upon a national visa (Visa D) and without
the subsequent issuance of a residence permit, the abolishment of the
requirement of a letter of guarantee by the employer, the payment by the
employer of contributions to Organisation for Agricultural Organisations
(O.G.A.) and the possibility of return of those contributions in specific cases. In
order to reduce the cost born by the employer who employs foreign workers in
the rural economy, Law 4061/2012 introduces the ability to submit a proof of
payment of insurance contributions to OGA corresponding to two-months
employment, to the Aliens and Immigration Service of the Decentralized
Administration of the place where the seasonal employment will be provided,53.
For the remaining period of time, the contributions are paid bimonthly. On
March 1st, 2012 a circular of the Ministry of Interior was issued regarding the
provisions of Articles 5 and 6 of Law 4018/201154. It is reminded that seasonal
workers are mainly Albanian nationals entering for seasonal work under the
relevant bilateral agreement55 and fishworkers are mainly Egyptian nationals
entering in Greece under the relevant bilateral agreement56.
3.1.3. Residence permit to foreign investors
The Greek government is considering facilitations in regard to the granting of
51
Min.Int.AP oik.30037/12/08.10.2012 document: "Determination of the procedure and conditions
for being subject to the provisions of Law 3386/05 nationals of third countries, professional athletes and
athletes for a fee, who sign an agreement / contract with a «SPORT SA» or a «DEPARTMENT OF PAID
ATHLETES» .
52
C.M.D. 5660/190/22-03-2012.
53
Management and protection of property Ministry of Rural Development and Food - Setting
property rights and other provisions, GG 66 sq. A/22.03.2012
54
Min.Int.Cir. No. 6 AP oik 5973/01.03.2012: Implementation of Articles 5 & 6 of Law 4018/11
(Government Gazette 215 A) "Reorganization of the permits system for the stay of aliens in the country in
terms of increased safety, regulation of matters of Local authorities and other provisions under the
Ministry of Interior. "
55
Law 2482/1997 on "Ratification of Agreement on seasonal employment of labor between the
Government of the Greek Republic and the Government of the Republic of Albania" (A73 GG).
56
Law 1453/84 on "Ratification of the Agreement on the promotion of bilateral cooperation in
matters of employment between the Governments of the Greek Republic and the Arab Republic of Egypt"
(GG A88).
26
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