Last Updated on September 22, 2021 by LawEuro
Law 4375 (Country: Greece)
On the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC “on common procedures for granting and withdrawing the status of international protection (recast(” (L 180/29.6.2013), provisions on the employment of beneficiaries of international protection and other provisions
Content of the law – 1 2 3 4 5 6 7 8 9 10 11 12
PART D
Conditions for the access to employment of persons recognized by the Greek state as beneficiaries of international protection, of applicants for international protection and persons who have been granted residence status on humanitarian grounds in Greece in accordance with article 28 of Presidential Decree 114/2010 (O.G.A’ 195), article 8 paragraph 1 of Presidential Decree 61/1999 (O.G.A’ 63) or article 25 paragraph 4 of law 1975/1991 (O.G.A’ 184) and of the beneficiaries of article 19A paragraph 1 point (f) of law4251/2014 as applicable.
Article 68
Definitions
1. “Beneficiaries of international protection”, for the purposes of this Part, shall bealiens or stateless persons who have been recognized as refugees or beneficiariesof subsidiary protection status, under the provisions of Presidential Decree 141/2013 (O.G. A’ 226), of Presidential Decree 113/2013 (O.G.A’ 146), of Presidential Decree 114/2010 (O.G.A’ 195), of Presidential Decree 90/2008 (O.G.A’ 152), of Presidential Decree 61/1999 (O.G.A’ 63), or of Law 1975/1991 (O.G.A’ 184) and all other current and previously existingprovisionson the recognition and content of international protection.
2. “Applicants for international protection”, for the purposes hereof, shall bealiens or stateless persons who have filed before the competent authority, an application requesting to be recognized as beneficiaries of international protection, in accordance with the provisions of Presidential Decrees 113/2013 and 114/2010.
3. “Persons who have been granted residence on humanitarian grounds” for the purposes of this Part, shall bealiens or stateless persons who have been granted residence status for humanitarian reasons, according to the provisions of Art. 28 of Presidential Decree 114/2010 (O.G.A’195),article 8 paragraph 1 of Presidential Decree 61/1999 (O.G.A’63) or article 25 paragraph 4 of law 1975/1991 (O.G.A’ 184)or of article 22 of this law.
4. “Members of the family” of the beneficiary of international protection, provided that they are in the Greek territory and that the family already existed before the entry in the country, shall be:
a.The spouse or unmarried partner with whom s/he is in a stable relationship under Greek law as applicable,
b. The minor, unmarried and dependent children, whether born in wedlock or out of wedlock of the parents or are adopted,
c. The adult children suffering from mental or physical disability who are unable to submit an application on their own,
d. The father or mother or another adult responsible for the care of the beneficiary of international protection, according to the Greek legislation or practice, if the beneficiary of international protection is a minor and unmarried.
Article 69
Employment of beneficiaries of international protection and persons who hold a residence permit on humanitarian grounds, and the families thereof
1. Beneficiaries of international protection who hold a residence permit, as prescribed by the relevant provisions, which is in validityshall have access to salaried employment, the provision of services or work or to the exercise of an independent economic activity, under the same conditions as nationals.
2. Persons who have been granted residence status on humanitarian grounds within the meaning of Article 68, paragraph 3 of this law shall have access to salaried employment and to the provision of services or work under the same conditions as nationals.
3. Family members of beneficiaries of international protection, who hold a valid residence permit in accordance with article 23, paragraph 2(b) of Presidential Decree 141/2013, or with article 24 paragraph 4of Presidential Decree 96/2008 shall also have access to salaried employment, the provision of services or work or to the exercise of an independent economic activity, under the same conditions as nationals. The same rights shall be available to family members of beneficiaries of international protection who arrive in Greece in the context of family reunification, in accordance with the applicable provisions and hold a relevant residence permit in force, as well as aliens who, while residing legally in the country, married a beneficiary of international protection and for as long as the marriage is still valid.
4. Family members of holders of a residence permit on humanitarian grounds who hold a residence permit in force according to the provisions of Art. 28, paragraph 4of Presidential Decree 114/2010 (O.G. A’195),article 8 paragraph 1 of Presidential Decree 61/1999 (O.G.A’63) or article 25 paragraph 4 of law 1975/1991 (O.G. A’ 184), as well as aliens who while residing legally in the country, married a person who has been granted residence status on humanitarian grounds within the meaning of paragraph 3 of Article 68 of this law shall have access to salaried employment and to the provision of services or work, for as long as the marriage is still valid. Access to employment shall be under the same conditions as nationals,
5. The only condition for the access of beneficiaries to employment in accordance with the preceding paragraphs shall be the possession of the required, where appropriate, residence permits by the persons concerned.
Article 70
Vocational training of beneficiaries of international protection
Beneficiaries of international protection and persons who have been granted a residence permiton humanitarian grounds, as well as their family members, on condition that they who hold a valid residence permit, as prescribed by the relevant provisions, shall be enrolled in employment-related educational programs for adults and in vocational training, under the same terms and conditions as nationals. If thesepersons cannot provide the required supporting documents because they are objectively unable to do so, they shall submit a relevant declaration according to law 1599/1986 (O.G A’ 75).
Article 71
Work and employment of applicants for international protection
Applicants for international protection after completing the procedure for lodging the applicationfor international protection, in accordance with the relevant provisions, and if they are in possession of the “applicant for international protection card” or “asylum seeker’s card”, issued in accordance with the provisions of article 2, point (24) of presidential decree 113/2013 (O.G. A’ 146), of article 41, paragraph 1 (d) of this law and of article 8, paragraph 1 point (f)of presidential decree 114/2010 respectively, shall have access to salaried employmentor to the provision of services or work.
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