The Federation of Professionals, Craftsmen and Merchants Magnesia notify the letter sent by the General Confederation of Professionals, Craftsmen and Merchants to the Minister of Finance, Mr. Euclid Tsakalotos and reported to the Prime Minister on the coercive requirement of OPAP SA for signing a new contract until 03.24.2017.
The GSEBEE letter to the Minister of Finance as follows:
The sector of OPAP agents, like most professions in our country have suffered heavily from the consequences of the economic crisis and the implementation of the policy of internal devaluation. It is characteristic that in recent years the turnover of OPAP agents declines about 40%. The transfers, as a result of the dramatic drop in turnover, have received snowball dimensions as 1 in 3 agencies have changed ownership. Moreover the profit of the agencies are very limited because of the dramatic tax increases. O branch of OPAP Agents, which counts thousands of family businesses of the highest tax and social contribution, no recent months irresistible pressure against the business strength of the OPAP, sa 100% plus private interests.
The GSEBEE believes that the current issue is not simply an issue compounded over the narrow context of the business relationship of a company with its network of partners. This is an issue of national importance, as the lawful operation of the monopoly right of OPAP SA and ensuring that that according to the jurisprudence of national and Community courts could be achieved only through the exercise adequate supervision and control by the competent independent authority (Control and Supervision of Gambling Commission – E.E.E.P .), just set up for this purpose. The transfer to OPAP’s exclusive right to conduct gambling in Greek territory and in this monopoly, which is currently the tolerance of European legal order requires ensuring strict supervision and control and other servicing of the control target and reducing spread of gambling. The new contracts coercively imposed by the company they serve but contradict these terms, without invoking any overriding Public Interest speech. OPAP SA having as a pretext the ‘Agents Regulations “of C.S.C.G. exercised abusively responsibilities and intervene in areas which by law belong exclusively to the independent authority. The result is that the properties of the controller and the controlled come together in one and the same person, the OPAP, i.e. a aggressively profit corporation 100% private interests.
As is known, the expansionist policy of OPAP already has caused the European Commission’s reaction, which requires revision of the regulatory framework for VLTs (Regulation of another C.S.C.G November 2016 – Official Gazette B 3528 / 01.11. 2016) and calls for abstaining from the application.
The GSEBEE understands that OPAP exploiting manifest as apparent lack of adequate oversight and review by all relevant competent authorities, including mainly for that purpose specifically authorized C.S.C.G. unfairly such as extrajudicial and extortion requires signing new contracts, which include a number of illegal and abusive conditions and constitute an abuse of monopoly position, the Greek government has been entrusted, even in excess of the wide limits of from ONEM said Regulation. The logic of “Sign new contracts until 03/24/2017 or find another job” may not be a viable option and choice. The abuse of yperdespozousas position of the company, which seeks to change the terms of the contract without substantial negotiations with the representative bodies is a pure blackmail, who disrupts one of the components of the concept of OPAP’s monopoly that is socially controlled, exclusive and pure network.
The General Confederation of Professionals, Craftsmen and Merchants requests your intervention to meet commitments before the Committee on Institutions and Transparency of the Parliament and put limits to expansionary policy of OPAP. In such a difficult economic situation for the whole of Greek society, only through the negotiation of stakeholders, can be arranged, viable, issues such as the supply, the settings on the rights of Agents, opening hours, transfers etc. We should once again be remembered that the monopoly entails increased responsibilities and not promiscuity through an illegal regulation and a Leonteio contract, which acquired plunder and profiteering at the expense Agents. Here memorandums with all the changes requested in the new contract.
We ask your immediate intervention in the fight to protect the community and our legal rights, and the prevalence of illegality and restore constitutional order.
MEMORANDUM
The new contract radically alter their current relationship with OPAP, entering:
Guaranteed reducing the supply by 2021. further reducing the supply of an unknown amount of from 2021 onwards.
Obligation Agency relocation if OPAP require it, without assuming that the relocation costs. Specifically, it provided that OPAP ‘can cover the cost of relocation Agent, considering each case separately, retaining the costs of Supply Agent “(see Art. 5 par. 9 of the new contract). At the same time there is no compensation for the infrastructure costs allocated to the old and agency customers lost.
Obligation renovation Agency configuration or additional equipment market, still in accordance with the respective requirements of the OPAP.
Obligation to change with the same charge type Agency, eg by placing VLTs, the cost of which will cover the Agent, but if we do not achieve specific turnovers, OPAP holds the right to remove without covering the cost burden.
your obligation to accept that OPAP has the right to hand in an agency, whatever games you want, and to date has single brokerage license all games
Obligation coverage of telecommunications infrastructure cost to install OPAP terminals where you play straight players without release. Note that the new telecommunications line is certainly very expensive bill.
Obligation cover entirely the cost of the new telecommunications line without more commitment OPAP participate by 30% in the cost, as have done to date.
Obligation customer training for competitive online now conducting OPAP games.
Abolishing the right transfer agency to others. Allowed limited and only in cases of death, disability and retirement.
Leveraging OPAP reasons and possibilities for termination of your contract without compensation.
Agreement expressly provided, in advance, any changes / alteration / addition to the contract (unknown what) like lead unilaterally or OPAP, in order to serve the same interests or those of other companies wanted work in the future (unknown what).
And the most important,
Remove the clear provision that exists in the existing contract, that agents are the only natural OPAP network. It can OPAP ie to create parallel and physical agents network will naturally compete with the existing one.
It is obvious that the acceptance of these terms creates serious sustainability problems of the vast majority of agencies. At the same time it is illegal and abusive conditions in their entirety.