It completely changes the "landscape" of business distributor compensation.
Now that distributors use their vehicle to carry out the external work of the company they work for, they will be entitled to monthly compensation of 15% of the gross minimum wage (or EUR 97) to cover the maintenance needs of their vehicle.
Otherwise, that is, if the company's transport vehicle belongs to itself, the distributor will not be entitled to compensation.
In particular, the circular issued yesterday by the Ministry of Labor, following a provision passed by the government last May, stipulates that the additional use and maintenance allowance of the vehicle, at least equal to 15% of the minimum wage, if the vehicle is owned by the employee is paid exclusively to cover the maintenance and use needs of the vehicle, so that the vehicle's running costs are clearly not included or other amounts.
The calculation of 15% is made based on the statutory minimum monthly salary or the resulting proportion in the case of part-time work.
The additional monthly use and maintenance allowance is not payable nor included in the concept of a regular salary, nor is it subject to deductions from insurance contributions. Consequently, it does not count on holiday, etc. So it is paid on a 12-month rather than a 14-month basis.
The circular also states that if the employer has the ownership of the motorcycle used by workers to transport or distribute goods and articles, he must take the necessary maintenance measures to ensure the health and safety of the worker and is obliged to (protective helmet, overcoat, gloves, overcoat suitable for rider protection, waterproof protection and reflective vest, etc.) with appropriate protective equipment. Also, the measures envisaged do not cost the worker but only the employer.
Finally, it is noted that the obligation to pay the monthly payment through a payment account and to distinguish it separately in the detailed salary statements provided for the more effective monitoring of compliance and application of the relevant provision by the competent auditing bodies.
Expenditure arising from driving and using any means of transport is the cost of transport, operating costs and maintenance costs.
The introduction of the minimum supplementary allowance for the use and maintenance of the motorcycle or motorbike used by workers in the performance of their work for the transport or distribution of goods and articles when the vehicle is their property and ownership is within the broader legislative framework which governs the health and safety of this category of workers.
It is clear from the Explanatory Memorandum of the Law that this compensation is paid to "ensure that the vehicle is maintained to prevent road accidents due to poor maintenance and that the salary of the above category of workers is protected so that it does not fail from the thresholds set out in law or the Collective Labor Agreement or the contractually determined salary."
The relevant provision sets the threshold for the additional monthly allowance for the use and maintenance of the moped or motorcycle, so any more favorable agreement at an individual or collective level for the payment of a higher amount of compensation is permissible.
In addition, the provision for adjusting the amount of the relevant costs of using and maintaining the vehicle in the specific, subjective circumstances of each individual case, in excess of the threshold laid down in the provision, has already been included in the Explanatory Memorandum to the Law, according to which: "It goes without saying that if the costs of use and maintenance of the above vehicles exceed the amount specified in the proposed regulation, the employer must similarly cover them at his own expense."
It is also understandable, according to the same circular, that the occasional payment of compensation above the minimum monthly limit does not in any way involve the possibility of offsetting the excess amount with the allowance for use and maintenance due on the next calendar day month.
Finally, it is noted that to check more effectively the compliance and application of the relevant provision by the competent auditing bodies, the employer's obligation to pay the monthly payment using a payment account was established, as well as for its distinct imprinting on the detailed salary statements. In the event of a breach by the employer of the abovementioned obligations, the administrative and penal sanctions provided for are imposed against him.
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