Greece: Presidential Decree No. 189 of 1998, Conditions and Procedures for the Grant of a Work Permit or Any Other Assistance for Occupational Rehabilitation to Refugees Recognised by the State, to Asylum Seekers and to Temporary Residents on Humanitarian Grounds

Presidential Decree No. 189/1998 - Conditions and Procedures for the Grant of a Work Permit or Any Other Assistance for Occupational Rehabilitation to Refugees Recognised by the State, to Asylum Seekers and to Temporary Residents on Humanitarian Grounds Date of entry into force: 25 June 1998

THE PRESIDENT OF THE HELLENIC REPUBLIC

Taking into consideration:

1. The provisions of para. 4 of article 24 of Law 1975/1991 as amended by article 1 of Law 2452/1996.

2. The provisions of article 29 A of Law 1558/1985, as complemented by the provision of article 27 of Law 2081/1992 and replaced by article 1 para. 2 of Law 2469/1997.

3. The fact that the implementation of the present decree generates costs over the budget of the «Organization for the Employment of Work Force», which cannot be estimated exactly beforehand.

4. The opinion No. 259/98 Council of State, which followed the proposal of the Ministers of Labour and Public Order, we decide:

Article 1 Refugee work permit

1. An alien, who has been recognised as a refugee according to provisions of Law 2452/1996 and to the presidential decree issued on implementation of the above law and who is the holder of a residence permit, is granted a work permit of the same duration provided the applicant submits in person to the locally competent services of the Labour Office of the Prefectural Authority the following supporting documents:

(a)Application

(b)Certified copy of refugee identity card or the decision of recognition of refugee status.

(c)Certified copy of residence permit

(d)Statement by the employer that he/she intends to employ the applicant. No such statement is necessary in case the refugee changes employers frequently, due to the nature of the work.

(e)Certificate issued by a state health authority confirming that the applicant does not suffer from infectious diseases.

(f)Any other document required also from nationals in order to practice the particular occupation.

2. The issuance of the above work permit does not follow the pre-approval procedure foreseen for aliens. The initial work permit granted is not subject to charges. The same applies for the subsequent renewals of the permit, provided that the person concerned has produced the relevant document from the competent Tax Office confirming that an official tax statement is submitted, or a certified declaration of Law 1599/1986 for being legally exempted from the obligation of submitting an official tax statement.

3. Under the same conditions described above, a work permit is also granted to the spouse of a refugee who has arrived to Greece in the framework of family reunification and who is the holder of a residence permit, as well as to the alien, who while legally residing the country, has become married to a recognised refugee, for as long as the marriage is valid.

4. The work permit issued after following the above procedure is notified to the competent Section of the Ministry of Public Order by the locally competent services of the Labour Office of the Prefectural Authority.

Article 2 Permit for self-employment of a refugee

An alien, who has been recognised as a refugee, is granted a permit for self-employment after submitting in person to the competent services of the Labour Office of the Prefectural Authority the following supporting documents:

(a)Application containing the alien's full personal data, in which the kind and the premises of the business or profession to be practiced by the applicant are specified.

(b)Documents in proof of the origin of the capital required for the investment.

(c)The supporting documents foreseen by Article 1, paragraphs b, c, e and f.

Competent authorities to grant the above permit are the services of the Labour Office of the Prefectural Authority, who examine the application following the procedure foreseen for aliens. The above services inform the competent Section of the Ministry of Public Order as to the grant or not of the permit.

Article 3 Vocational training for refugees

1. Aliens, who have been recognised to refugee status, can enrol in the training units of the Organization for the Employment of Work Force under the same conditions and requirements applying also to Greek citizens. In case the alien concerned cannot, due to objective impossibility, provide the required supporting documents, a certified declaration of Law 1599/1986 is filed.

2. A special three -member committee of the Organization for the Employment of Work Force is set up by the decision of the Director and is composed of a Social Worker or other representative of the Ministry of Labour, a Vocational Orientation Consultant and an officer of the Education Section of the above Organization. The committee examine by means of a special test if the refugees meet the requirements of language, age and elementary knowledge of vocational training.

Article 4 Conditions and requirements for the employment of aliens seeking asylum and of temporary residents on humanitarian grounds.

1. Aliens claiming recognition of refugee status, as well as temporary residents on humanitarian grounds, are entitled to temporary employment in order to meet life's needs, on the following conditions:

(a)Those claiming recognition of refugee status have to be holders of a valid «asylum seeker» card, showing that they are not staying in a special Temporary Residence Centre intended for aliens seeking asylum.

(b)Temporary residents on humanitarian grounds have to be holders of a special card of residence on humanitarian grounds.

(c)After searching the labour market, no interest was expressed for the particular post either from a national or from a E.U. citizen or a recognized refugee, a person of Greek descent etc.

2. In the above cases (a) and (b) of para. 1, a temporary work permit is granted from the authorities mentioned in Art. 1, para. 1, which is free of charge and is valid till 30 days after the expiration date of the cards held by the concerned applicants.

3. The holders of a temporary work permit who intend to work outside the district of their place of residence, must present themselves to the locally competent services of the Greek Police and of the Organization for the Employment of Work Force, in order to state their new home and work address.

Article 5

After the entry into force of the present decree, the presidential decree 209/30-7-94 (Government Gazette A' 131) is no longer valid.

Article 6

The application of the present decree begins on the day of its publication at the Government Gazette. The Minister of Public Order is responsible for the publication and the application of the present decree.