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Article 11 Change of name and supervision by the Ministries of Digital Governance and Health – Amendment of Article 1 of Law 3607/2007

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  • Social Policy & Welfare: Pensions & Social Security

Article 1 of Law 3607/2007 (Government Gazette, Series I, No 245) on composition and form is amended as follows: (a) paragraph 1 is replaced, (b) in paragraph 2, (ba) the words ‘e-Governance of Social Security Société Anonyme’ are replaced by the words ‘e-Governance of Health and Social Security Single-member Société Anonyme’, (bb) the words ‘Law 3429/2005 (Government Gazette, Series I, No 314) with the exception of the provisions of Article 14’ are replaced by the words ‘Law 4972/2022 (Government Gazette, Series I, No 181) and provided that they do not conflict with the provisions of this Law’, (c) in paragraph 3, (ca) the words ‘exercised by the Minister for Digital Governance’ are replaced by the words ‘exercised jointly by the Minister for Digital Governance and the Minister for Health, according to their competence, with a view to ensuring uniform governance of digital services and infrastructure in the health sector’, (cb) subparagraphs are added; second and third, (d) in paragraph 4, (da) in the first subparagraph, the words ‘social security’ are replaced by the word ‘health’, (db) in the second subparagraph, (i) the words ‘by joint decision of the Minister for Digital Governance and the Minister for Labour and Social Affairs’ are replaced by the words ‘by decision of the competent Minister’, (ii) the words ‘of the social security institutions’ are deleted, (iii) the third subparagraph is repealed, (e) in paragraph 5, the words ‘and of Law 3429/2005, the provisions of Codified Law 2190/1920’ are replaced by the words ‘, the provisions of Law 4972/2022’ and, following legal-technical improvements, Article 1 shall read as follows:

"Article 1

Recommendation – Format

  1. The name of the company is changed from "Electronic Governance of Social Security S.A." with the distinctive title "H.DI.K.A. S.A." to "Electronic Governance of Health and Social Security S.A." with the distinctive title "H.D.Y.K.A. S.A." The Articles of Association of the Company may be amended and codified by decision of the General Meeting in accordance with article 4 of Law 4548/2018 (A ΄ 104).

Where the legislation in force refers to the company ‘e-Governance of Social Security S.A.’ (HDIKA S.A.), the company ‘e-Governance of Health and Social Security S.A. (HDIKA S.A.)’ shall hereinafter be understood as ‘e-Governance of Health and Social Security S.A.’.

  1. The ‘E-Governance of Health and Social Security Single-Member S.A.’ (hereinafter ‘the Company’) shall operate in the public interest in accordance with the provisions of private law, in accordance with the rules of the private economy, shall be governed by the provisions of this Law and the administrative acts delegated to it and shall be subject to the provisions of Law 4972/2022 (GG I 181) and provided that they do not conflict with the provisions of this Law.
  2. The supervision and control of the Company is exercised jointly by the Ministers of Digital Governance and Health, according to their competence, with a view to the uniform governance of digital services and infrastructures in the health sector.
    The Minister of Digital Governance exercises supervision and control over all technical and digital infrastructure of the Company, as well as over the implementation of horizontal digital policies and compliance with the national and EU framework governing digital governance, as well as over all projects that have a technical and digital subject matter. The Minister of Health carries out the supervision and control of the Company's services related to the health sector, including the governance, management and utilization of electronic health data, their protection, patient safety and compliance with the specific health, national and EU regulatory and ethical framework.
  3. From the publication of this law, the Company undertakes the new IT and Communications projects of the Health Institutions, as well as their extensions. By decision of the competent Minister, they shall be subject to the administrative and technical supervision and control of the Company in operation, as well as IT and Communication projects under implementation.
  4. For matters governed by this Law relating to the establishment and operation of the Company, the provisions of Law 4972/2022 and other legislation on public limited liability companies shall apply in addition and in so far as they do not conflict with the provisions of this Law.’.

AI Discussion Summary

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Executive Summary – Synthesis of Proposals for the Update of the Article

The set of comments demonstrates a clear direction: strengthening labour representation in the top management bodies of public companies and aligning the text with international corporate governance standards. This summary organises proposals into four categories, removing repetitions and ensuring the consistency of the final text.

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1. Implementation of Recommendations – What needs to be implemented

*Additional sections, paragraphs or wordings recommended to be incorporated into the article.*

  • Accreditation and maintenance of employment representation
    • – Addition of a reference to the need for accreditation of employee participation in the Boards of Directors of public companies.
    – Inclusion of an explicit territorial provision that ensures the maintenance of the employee representative on the Board of Directors.

  • Convergence with international/regional standards
    • – Highlighting that the practice is in line with the modern corporate governance principles of the OECD, the European Union and the International Labour Organization (ILO).
    – Add a section explaining the context of these principles and their importance for public administration.

  • Pluralism, Inclusivity and Internal Balance
    • – Description of measures that guarantee pluralism in management and encourage the inclusiveness of all stakeholders.
    – Incorporating principles for internal balance, with a focus on integrating the first-line experience.

  • Role of the representative as a guarantor of transparency and social control
    • – Designation of the employee representative as the main means of transparency, social control and institutional representation.
    – Clarification of its contribution to strengthening corporate accountability and internal control.

  • Expanding strategic perspective
    • – Adding a paragraph that incorporates first-line experience at the strategic decision-making level.
    – Recognition of the value of the "critical side" that understands the needs of the company.

  • Reference to European practices
    • – Note that in many European countries labour representation is considered essential for healthy governance.

  • Strengthening transparency mechanisms & accountability
    • – Incorporate good governance principles to improve transparency, accountability and internal control mechanisms, in line with international standards.

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    2. Points of Rejection – What should not be applied

    *Elements or proposals that should be excluded or adapted so as not to contradict the principles of good governance.*

  • Abolition or removal of labour representation – any arrangement that removes the employee representative or reduces their voice is unfair.
  • Practices that reduce transparency or accountability – proposals that undermine control mechanisms or restrict access to information must be excluded.
  • Contradictions with the principles of good governance – any term in the text that is not in line with OECD, EU or ILO standards must be removed or amended.

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    3. General Proposals & Strategic Ideas – General proposals & strategic directions

    *More detailed approaches that strengthen the overall vision of the article.*

    | Target | Strategy |
    |——–|————|
    | Empowering labour representation | Promote dialogue between all stakeholders (employees, managers, state) to enhance inclusiveness. |
    | Compliance with international standards | Development of a separate paragraph linking policy to OECD, EU and ILO principles. |
    | Polyphony & inner balance | Integrate mechanisms that allow direct involvement of frontline workers in strategic decision-making. |
    | Transparency & social control | Establish a representative role as a “bridge” between company and society, with clear control tasks. |
    | Recognition of European practices | Use examples from other European countries as 'best‐practice' guides. |

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    4. Required Modifications to Current Content – Required changes to the existing text

    *Specific amendments to be introduced to incorporate the above proposals.*

    1. Update text to include the accreditation and the conservation employment representation on the Boards of Directors.
    2. Add paragraph declaring the alignment of the article with the principles of OECD, EU and ILO· update the relevant references.
    3. Insert Module for pluralism, inclusiveness and internal balance, with a focus on first-line experience.
    4. Defining a role the representative as guarantor of transparency, social control and institutional representation· addition of relevant terms.
    5. Create a new paragraph which incorporates the first-line experience strategic decision-making.
    6. Reference to European practice that workers' representation is considered essential for sound governance.
    7. Correction or removal sections that undermine inclusivity or refuted with the principles of good governance.
    8. Strengthening mechanisms transparency and accountability, with clear provisions that respond to international standards.
    9. Update bibliography/references to reflect new references and best‐practice examples.

    By implementing the above, the article will fully reflect modern corporate governance requirements, enhance employee inclusivity, and align with international standards, offering a robust legal and strategic framework for public administration.

    Comments

    3 responses to “Article 11 Change of name and supervision by the Ministries of Digital Governance and Health – Amendment of Article 1 of Law 3607/2007”

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    1. 3600 avatar
      3600

      As employees of IDIKA S.A. we strongly oppose the legislation that provides for the abolition of the participation of a representative of employees in the Board of Directors of the company. The presence of the representative is over time a fundamental element for the smooth operation of the company, ensuring transparency, social control and institutional representation of the people who implement the company's work.
      Removing the voice of employees from the top management body undermines inclusiveness and excludes a critical aspect from decision-making processes: the one who knows firsthand the needs, problems and operational challenges of IDIKA S.A.
      This arrangement is neither in line with the principles of good governance nor with modern corporate management practices, where employee participation is recognised as a factor in enhancing efficiency and accountability.
      The employees remain firmly committed to safeguarding our rights, but also to contributing to the continuous upgrading of the public social work of IDIKA S.A.
      The participation of employee representatives in boards of public companies is a practice that is in line with modern corporate governance principles, as formulated by international organisations (OECD, European Commission, ILO) and widely adopted in European public administration systems.
      These principles point out that the structure of a BoD must ensure:
      • Pluralism and inclusiveness;
      • Enhancing corporate accountability;
      • Internal balance and control;
      • Mainstreaming the first-line experience;
      In many European countries, employee representation on boards of public and large private companies is considered not only institutionally desirable, but also necessary to maintain sound corporate governance.
      Based on the above principles, the promoted abolition of employee representative participation by the Board of Directors of IDIKA S.A. is in the opposite direction to what is required by international standards of good governance. The weakening of workers’ pluralism and institutional participation does not contribute to transparency or to improving the functioning of the company; on the contrary, it limits a strong mechanism of corporate control and democratic accountability.
      For these reasons, we call for the retention of the statutory participation of a representative of the employees in the Board of Directors of IDIKA S.A., as a necessary condition for the democratic, transparent and balanced operation of the company.

      🤖 AI AnalysisℹAI analyzed this comment and extracted the main posts expressed by the author. Each position is broken down into arguments – click to see them.✦ Created with AI
      📍 Maintaining the participation of an employee representative in the Board of Directors 7 B.C.
      🟢 The presence of the representative ensures transparency, social control and institutional representation
      🟢 Removal undermines inclusivity and excludes a critical aspect that knows the needs of the company
      🟢 The arrangement is not in line with the principles of good governance and modern corporate management practices
      🟢 Practice aligned with OECD, European Commission and ILO principles
      🟢 Principles require pluralism, accountability, internal balance and integration of first-line experience
      🟢 In many European countries workers' representation is considered necessary for healthy governance
      🟢 Elimination goes against international standards of good governance, reducing transparency and accountability

      +0
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    2. 3618 avatar
      3618

      The participation of employee representatives in boards of public companies is a practice that is in line with modern corporate governance principles, as formulated by international organisations (OECD, European Commission, ILO) and widely adopted in European public administration systems.
      These principles point out that the structure of a BoD must ensure:
      • Pluralism and inclusiveness;
      • Enhancing corporate accountability;
      • Internal balance and control;
      • Mainstreaming the first line experience

      🤖 AI AnalysisℹAI analyzed this comment and extracted the main posts expressed by the author. Each position is broken down into arguments – click to see them.✦ Created with AI
      📍 Addition of accreditation for employee participation in the BoDs of public companies 4 B.C.
      🟢 Agrees with modern corporate governance principles (OECD, EU, ILO)
      🟢 Ensures pluralism and inclusiveness in management
      🟢 Enhances corporate accountability and internal control
      🟢 Integrates the first-line experience at the strategic level

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    3. 3620 avatar
      3620

      Article 1(2) of the Law under consultation states that ‘… shall be subject to the provisions of Law 4972/2022 (Government Gazette, Series I, No 181) …’.
      2nd paragraph of Article 7 of Law 4972/2022 (Definition of the Board of Directors – Composition – Term of office) states that “…The Board of Directors shall also include a representative of the employees, if this is provided for in the statutes or in a law.”, in addition, the 4th paragraph is dedicated to the representative of the employees.
      Article 56 of Law 4623/2019 (Amendment to the provisions of Law 3607/2007 (A ΄ 245) on IDIKA S.A. states in paragraph 13: “Article 11(1) and (2) of the Articles of Association of IDIKA AE, as defined in Article 5 of Law 3607/2007, are replaced as follows: ‘1. The Board of Directors consists of seven (7) members as follows: the President and the Managing Director, two (2) representatives of the Ministry of Digital Governance, one (1) representative of the Ministry of Labour and Social Affairs, one (1) representative of the Ministry of Health and one (1) representative of … employees”.
      This proves
      The participation of employees' representatives in the Boards of Directors of public companies is institutionally desirable and legally guaranteed.
      2nd) Following the provisions of Law 4972/2022, the participation of the employees' representative in the Board of Directors of IDIKA S.A. is guaranteed from the moment provided for in the Articles of Association of IDIKA S.A. (Law 3607/2007).

      🤖 AI AnalysisℹAI analyzed this comment and extracted the main posts expressed by the author. Each position is broken down into arguments – click to see them.✦ Created with AI

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