Greek labour law in a nutshell
Labour legal framework is quite intricate and extensive, as it is based on a broad variety of sources that range from domestic statutes and decrees to International Conventions, Collective Labour Agreements, working practices and customs.
The introduction below refers to Dependent Employment in private sector and should be distinguished from independent or other categories of work. Also, it should be noted that special rules may apply to certain categories of dependent work (e.g. work at sea).
As dependent employment is considered the employment in which the employee is economically dependent on a single employer for the source of his income and works under the directions of the latter.
Α distinction should also be made for Managing Executives (i.e. employees that hold positions of trust with autonomous decision-taking powers) who, generally speaking, are excluded from a number of protective law provisions as it is for example the provisions for overtime and night work compensation, minimum holidays etc. They are not deprived however of their rights to certain benefits, severance pay etc.
1 THE EMPLOYMENT CONTRACT
1.1 Types of employment contracts
A common distinction of employment contracts is between fixed-term and open-ended contracts.
The fixed-term contract is concluded for an objective reason and may be renewed as many times as needed, if such reason continues to exist. Otherwise, if there is no reason justifying a fixed-term contract, it may be deemed as open-ended, provided that one of the following requirements is also met: (a) the total duration of successive renewals exceeds the 3 years’ time, or (b) there are more than 3 successive renewals within a 3 years’ time period. As successive renewal is considered the one that takes place before 45 days at least have passed from the expiry of the previous contract.
Part-time or Rotational contracts are also other known categories of employment contracts to which specific law provisions may apply.
1.2 Basic content and form
In principle, employment contracts are not required to be in writing except for contracts with certain employers (Greek State, Hotels etc.), part-time contracts and renewals of fixed-term contracts. However, the employer is obliged to communicate in writing the main terms of the employment to the employee within two months after the latter started his work.
Normally, an employment contract should contain the following information:
• Employer’s and employee’s names and other basic information (address of residence, tax identification number, social insurance registration number etc.).
• The place of work.
• Description of the employee's job.
• Duration of the contract and starting date.
• Salary and other additional benefits.
• Daily and weekly working hours.
It should be stressed that the law and the respective Collective Labour Agreements set out a framework of mandatory rules for the protection of employees from which no deviation is allowed. By way of indication, mandatory rules provide for the minimum salary, working days and hours, maximum working time and additional remuneration for overtime work, minimum time of rest and vacations, severance pay etc.
1.3 Required formalities
In any case, the employer must register on the online platform of the Ministry of Labour (ERGANI) any new recruitment by filling out an electronic form within the same day and in any case, before the employee starts his work. He should also update the information contained in such platform for each employee with any important changes in the employment conditions. Both, employer and employee should have been registered in the Social Security Fund and the Revenue (Tax Authorities).
Special formalities may be required for certain activities. For example, the employees in the sector of producing or serving food should be certified of their health condition.
1.4 Restrictions and incentives
There may be restrictions to the freedom of the employer to choose his personnel. For example Hotels and other tourist enterprises that operate up to 9 months per year are obliged to re-hire a certain percentage of their employees employed during the preceding period (such obligation does not extend to executives).
Also, an example of incentive is that employers that hire employees from the list of unemployed workers kept with the Manpower Agency of Greece can under certain requirements (among others that they have not fired other employees within the last 3 months etc.) receive a daily benefit for a period of 12 months or in some cases for 24 months.
1.5 Non-Greek employees
Employees that are citizens of EU need a residence permit while non-EU residents need additionally a work permit.
1.6 Under-age employees
With limited exceptions, the rule is that an employee can not be less than 15 years’ old, considering that adulthood occurs at the age of 18 years. For the employment of an under-age employees (not less than 15 year’s old anyway) special formalities should be observed as it is keeping a special book with the under-age persons' particulars, notifying the Labour Inspectorate about the nature of the work that will be assigned to them, submitting them to medical examinations etc.
Young employees (between 15 and 18 years’ old) can not be employed in heavy or hazardous works. They can not be employed for more than 8 hours per day and 40 hours per week. Such limits are reduced even further for young employees that have not exceeded the 16th year of age and attend some sort of school. Overtime work of under age employees is prohibited.
2 WORK & REST TIME
2.1 The time frame for providing work
Full-time work has been set by law at 40 hours per week.
Extra Work
Additional work for (a) up to 5 hours per week for enterprises that operate on the basis of 5 working days per week and (b) up to 8 hours in per week for enterprises that operate on the basis of 6 working days per week is called Extra Work and is rewarded by an increase of the hourly wage by 20%.
Overtime
Overtime is considered the work beyond the said limits of extra work, namely, work exceeding 45 hours per a week for enterprises that operate on the basis of 5 working days per week or exceeding 48 hours for enterprises that operate on the basis of 6 working days per week. Overtime work for up to 3 hours per day and 150 hours per year (maximum legal limits) is remunerated by an increase of the hourly wage by 40%. Illegal overtime work (i.e. work exceeding the said limits or for which the required formalities have not been met) is remunerated by an increase of 120%. By exception, in urgent cases which can not be postponed, the Authorities can allow overtime work beyond the said legal limits by an increase of 60% of the hourly wage. In case of extra or overtime work, the employer should notify the Authorities (via the electronic platform mentioned above) prior to or within the same day that such work will be rendered.
Night Work
As Night Work is considered the work provided from 22:00 to 06:00 hrs and is remunerated by an extra fee of 25%. If Night Work overlaps with a Public holiday or overtime work, the additional remuneration provided for each one of them should be paid on top.
Work on Sundays and Public Holidays
When it is allowed, work on Sundays and Public Holidays is remunerated by a wage increase of 75% for each working hour.
Additional work by Part-timers
If the need arises, a part-timer is obliged to provide additional work, if he is able to do so and his refusal would be contrary to the good faith. He can refuse though, if additional work is requested of him on a frequent or regular basis. The additional work is remunerated by the hourly wage plus 12%.
2.2 Organization of working time
It is possible for the employment parties to agree (the employee is not obliged to accept) that the employee will work more hours per day for a specific time period and respectively less for a subsequent period, provided that the maximum work per day will not exceed the 10 hours. In this way, the employer can avoid incurring surcharges for overtime and extra work at a period that the needs of his business are increased.
There are two cases:
a) over the course of a 6 months’ period in a year, work can be increased by 2 hours per day with a corresponding reduction of the daily working hours during the subsequent 6 months. Instead of a reduced employment, rest days may alternatively be offered.
b) It is also possible to increase the rate of work up to 256 hours within a period of 8 calendar months, with a corresponding reduction of work during the remaining months of that year.
For organizing the work in this above way, normally a consultation should precede between the employer and the union of the employees.
The provision of work should not be intermittent within the same day. It is possible though especially in commercial stores for the parties to agree on a shift that will be interrupted once in the noon, in which case, the employee should take a daily break of at least 3 hours.
Otherwise and provided that the upper time limits of law are observed, the time frame in which the work should be provided is a matter of agreement between employer and employee.
2.3 Rotation
If the employer's activities are reduced, the employer may, instead of terminating the employment contract, apply a system of rotational employment in his business, the duration of which may not exceed 9 months in the same calendar year, provided that he has previously consulted with the legal representatives of the employees. As representatives are meant the trade union or the employees' council, or in the absence of any of these, the consultation shall be made with all employees.
2.4 Weekly and daily rest
Every week the employee should take a rest of at least 24 hours, normally on Sunday. For each period of 24 hours, the rest of the employee can not be less than 11 hours. The time for going to and returning from work, resting, changing attire, grooming and eating is not considered working time.
As a general rule, the law provides that in case of work that exceeds 4 hours per day, the employee is entitled to a break of 15 up to 30 minutes that is not considered working time and is not paid. The break can not be given immediately before or after the end of the shift.
Collective Labour Agreements may provide otherwise for specific sectors.
2.5 Public Holidays & Sundays
Work on Sundays and Holidays is not normally allowed, except if the employer obtains a special permit from the Labour Inspectorate for satisfying exceptional and urgent work needs.
The law exempts from the above prohibition certain categories of businesses as it is hotels, theatres, security companies, transport, telecommunication services etc. Also commercial stores may operate certain Sundays over the year following ministerial decisions allowing it with a view to boosting their financial activity. The employee is entitled to a rest day within the coming week, if he has worked more than 5 hours on the Sunday or a Public Holiday and if less, to an equal time of rest.
Public holidays are the days of 25 March, 28 October, 15 August, 25 & 26 December, 1 May, 1 & 6 January, the Monday following Easter Sunday. More Public Holidays can be designated by the Ministry of Labour but not more than 5 per year. Also there may be local Holidays that are decided by the local authorities.
2.6 Digital Labour Card
A new law has been enacted providing for the use of a Digital Labour Card by the employees by which the arrival to and departure of employees from the workplace will be recorded automatically on the platform of the Ministry of Labour. The implementation of this system aims purportedly at the protection of employees from illegal overtime work and is currently mandatory for food super markets and banks but it will be gradually extended to other sectors.
3 SALARY & OTHER BENEFITS
3.1 Basic remuneration
The minimum monthly salary for an employee that is over 25 years’ old without specific expertise is set and re-adjusted by ministerial decrees.
Such salary was increased every 3 years by 10% and up to 3 times but a law implemented during recession period, has made such increase dependent on the drop of unemployment percentage under a certain limit. Α recent decision of the Supreme Administrative Court of Greece (Conceil d' Etat) has found that employees that have been recruited before the year 2012 are anyway entitled to receive the salary increase of 3 years' work.
If a higher minimum salary is stipulated in a Collective Labour Agreements applying in the specific sector, the higher one should be paid. The parties can not agree on a lower salary than the one provided for by the law or the respective CLA, but only for higher ones.
3.2 Allowances
In addition to the payment of salary, the employee is entitled to allowances for (a) Annual Leave, (b) Christmas and (c) Easter holidays that roughly amount in the aggregate to approximately 2 months’ salaries per year. Such allowances are reduced pro rata if the employee has not worked enough time, prior to the said allowances becoming due.
Providing work to a different place than the agreed, obliges the employer to pay to the employee an additional compensation equal to the 1/25 of the monthly salary for each day, plus transportation expenses.
3.3 Social Insurance charges
All employers are obliged by law to deduct from the wages the respective contributions to the Social Security Fund and other funds of public interest (Unemployment Fund etc.) and to pay them directly to the respective fund. The contributions to the Social Security Fund are monthly and the relevant cost is shared between the employer and employee according to the proportion set by law.
4. ANNUAL LEAVE
4.1 Duration
The employee is entitled by law to certain days of paid annual leave. In the first calendar year, during which the employee is hired, the employer must grant him, no later than 31 March of the following year, a number of leave days which should be pro rata to the total period he has worked from the time of his hiring until the 31st of December of that calendar year. As basis for the pro rata calculation are 20 working days of leave for the employees working 5 days per week and 24 working days for those working 6 days per week.
In the second calendar year and after the employee has completed 12 months of work, he is entitled to 21 working days' leave if he works 5 days per week and 25 working days' leave, if he works 6 days per week.
For the third and subsequent years of employment, the employee is entitled to 22 working days’ leave (in case he works 5 days per week) and 26 working days’ leave (in case he works 6 days per week), from 1 January of each year. After completing 10 years of service under the same employer or 12 years under any employer, the employee is entitled to 25 working days (in case he works 5 days per week) and 30 working days (in case he works 6 days per week) of paid leave. After completing 25 years of service under any employer, the employee is entitled to one additional day of leave, i.e. 26 working days for employees working 5 days per week and 31 working days for those working 6 days per week.
4.2 Time of granting
The time at which the leave will be granted is agreed by the parties but the employer should in any case grant the same within 2 months from the request. Half of the employees in an enterprise should obtain their annual leave between 1 May and 30 September. There are also restrictions as regards the division of the leave. It can be divided in two parts (the first part can not be less than a whole week) if the business' needs require it and in more parts only upon request of the employee himself. The annual leave should have been granted in full until the first quarter of the next calendar year, otherwise it is converted into a monetary claim.
4.3 Leave payments
The employee is entitled to receive during his annual leave the "normal income", namely all the earnings he would collect, if he was indeed working for the respective period (including inter alia remuneration for statutory overtime, if he provided overtime work on a regular basis, remuneration for regular work on Sundays etc.). In addition, the employer should prepay to the employee a Leave Allowance that is equal to his ordinary earnings but it can not exceed half a month's earnings or the earnings of 13 days if he is rewarded on a daily basis.
In case that the leave is not granted in part or in whole within the time limits laid down by the law, the employer should pay to the employee the earnings corresponding to the part of leave not given, increased by 100% plus the corresponding leave allowance.
5. BALANCING FAMILY & WORK OBLIGATIONS
Following adoption of EU directive 2019/1158 by the Greek legislator, a number of law provisions have been enacted with a purpose to reconciling the family and professional life of employees. Most of these provisions are extended to adoptive parents and surrogate mothers.
5.1 Maternity leave
The termination of a female employee's contract is not allowed during her pregnancy or for a period of 18 months after childbirth or even during her absence for a longer period due to an illness that is related to the pregnancy or childbirth.
Female employees are entitled to 17 weeks of maternity leave which is broken down to 8 weeks before the expected date of birth and 9 weeks thereafter. If the child is born prematurely, the leave is extended until the completion of 17 weeks' time. The after-birth leave of 9 weeks is granted even if the child were born dead or passed away during such leave.
Employees that have not completed a year of work with their employer are entitled to half a month's pay during their leave, while if they have completed a year, they are entitled to a whole month's pay. However, the employer can deduct from the such payment any benefits that the employee has received from the Social Security Fund. The employees will normally receive certain allowances from their Social Security Fund as of the fist day of absence from their work.
5.2 Unpaid leave for the protection of maternity
Working mothers are entitled to 6 months' unpaid leave for upbringing their children that can be requested within 60 days from the end of the maternity or childcare leave. Such leave is paid by the Social Security Fund.
5.3 Paternity leave
Every working father shall be entitled to 14 working days' paid paternity leave, which may be granted either 2 days before the expected date of birth, in which case the remaining 12 shall be granted, in whole or in part within 30 days after the birth, or the whole after the date of birth. Paternity leave is not dependent on previous employment time or on the marital or family status of the employee.
5.4 Childcare support
For a period of 30 months starting from the end of maternity leave or maternity protection leave, the parents shall be entitled, alternatively each one of them, to either arrive 1 hour later or to depart 1 hour earlier each day from their work or to interrupt their work for 1 hour per day.
Alternatively, the right of reduced hours may be agreed by the parties to be satisfied in other ways, such as:
• A reduced work schedule of 2 hours per day for the first twelve 12 months and 1 hour per day for the following 6 months.
• A full days leave, equal to the total number of reduced hours that the employee would be entitled for the same period for childcare.
• Any other manner agreed by the parties.
5.5 Parental leave for upbringing a child
Every working parent or person exercising parental care, shall have an individual and non-transferable right to a parental leave for the upbringing of a child, for a period of 4 months, which may be used continuously or in parts until the child reaches the age of 8 years. The working parent must have completed 1 year of continuous or successive fixed-term employment contracts under the same employer. If both parents are employed by the same employer, they should jointly declare which of them will exercise this right first and for how long. For the first 2 months of parental leave, the Unemployment Fund shall pay a monthly allowance to each parent in an amount equal to the minimum statutory salary, as determined from time to time.
5.6 Flexible working arrangements
Any working parent or carer of a child up to 12 years old is entitled to request flexible working arrangements for childcare purposes, such as teleworking, flexible working hours or part-time work, provided that he has completed 6 months of continuous or successive fixed-term employment contracts under the same employer. The employer should consider and process within one 1 month each request for flexible working arrangements and should document any denial or postponement of the request.
5.7 Monitoring of a child's school performance
Upon permission of their employer and without a salary reduction, working parents are entitled for each child up to 18 years old, who attends elementary or secondary education, as well as for any child with special needs, regardless of his age, who attends a special education facility, to be absent from the work for certain hours or a whole day until the completion of 4 working days in the course of a calendar year, in order to visit their children's school so as to be informed of their children progress.
5.8 Leave on account of serious illness of children
Working parents are entitled to a special paid leave of up to 10 working days per year, to serve the needs of children up to 18 years old, arising from a disease of those specifically named in law, provided they have first made use of all other paid leaves and rights, except for the annual leave.
5.9 Hospitalisation of children
Working parents are entitled to a special parental leave without pay in the event of hospitalization of a child, regardless of the child's age, that is due to an illness or accident and necessitates their presence in the hospital for as long as the hospitalization lasts and in any case not exceeding 30 working days per year.
5.10 Children with disabilities
Parents who work in an undertaking with at least 50 employees and who have children with mental, psychological or physical disabilities, certified by a medical certificate of the Social Security Fund with which they are insured, shall have the right to request a reduction in their working hours by 1 hour per day, for each child with disabilities, with a corresponding reduction in their salary.
5.11 Sickness of a dependent child or family member
Working parents shall have an individual and non-transferable right, irrespective of other rights granted by other provisions, to obtain upon request an unpaid leave not exceeding 6 working days in each calendar year in case of illness of a dependent child or other family member. Such leave may be granted on a single occasion or in parts and shall be increased to 8 working days if the employee is protecting two children and to 14 working days if he is protecting more than two. The law defines which person is considered dependent.
5.12 Single-parent families
Working parents who are widowed or unmarried and sole custodians of a child are entitled to 6 working days' paid leave per year in addition to the rights provided by other provisions. If such parent has 3 or more children, shall be entitled to 8 working days' paid leave per year.
5.13 Marriage leave
In the event of a marriage or civil partnership, a paid leave of 6 working days is granted to the employee if he is employed on a 6 days working week or 5 working days if he is employed on a 5 days working week. This leave shall not be included in the annual leave.
5.14 In vitro fertilization
Employees, who undergo an artificial insemination are entitled to 7 working days of paid leave, following a certificate issued by the attending doctor.
5.15 Prenatal medical examinations
Pregnant employees shall be excused from work without loss of pay, upon prior notification of the employer by any appropriate means, in order to undergo prenatal check-up tests, if these tests should be carried out during working hours.
5.16 Carer's leave
An employee who has completed 6 months of continuous or successive fixed-term employment contracts shall be entitled to a carer's leave of up to 5 working days in a calendar year for looking after a person that he is under his care and needs substantial care or support due to a serious medical reason, as certified by a medical certificate.
5.17 Absence due to force majeure
Up to 2 times a year and up to one 1 working day at a time, the working parent or carer has the right to time off from work for reasons of force majeure related to urgent family matters in the event of illness or accident necessitating the immediate presence of the employee. The illness or accident shall be confirmed by a medical certificate issued by a hospital or doctor.
6 SICK LEAVE
Sickness should be evidenced by a certificate of a doctor. If the employee has been working for up to 4 years for the same employer, he can obtain a sick leave of up to 1 month. If he has been working for more than 4 but less than 10 years, he can obtain a sick leave of up to 3 months. If he has been working for a time period of more than 10 but less than 15 years he can can obtain a sick leave of up to 4 months and if he has completed 15 years, he can obtain a sick leave of up to 6 months. Exceeding the said time limits may be considered as a tacit termination of the contract by the employee.
Nevertheless, the employer is allowed to fire the employee during his sick leave provided that he will pay to him the appropriate severance pay.
The employee is entitled to the half of his daily pay for each of the first 3 days of sickness. After the first 3 days, the employee is entitled to full payment for the days he is sick which however can not exceed in total the earnings of 1/2 of a monthly salary for his first year of employment and the earnings of 1 monthly salary for any year thereafter. One month’s salary is the maximum that the employee is entitled to receive from his employer irrespective of the duration of the sickness. For the remainder of the time, the employee receives benefits solely from his Social Security Fund. It should be noted that, from any payment of employer are deducted the benefits that the employee is entitled to receive from his Social Security Fund, if he is sick for more than 3 days (no benefit is paid by the Fund for the first 3 days of sickness).
If the employee has not completed at least 10 days at his work, he is not entitled to any payment.
7 LABOUR ACCIDENT
A labour accident is one that the employee suffers during or on the occasion of the work (including an accident during movement to or from work) and which is caused by a sudden and violent event, resulting in incapacity for work or even death of the employee. A violent event means that there is an extraordinary and sudden effect of an external factor unrelated to the employee’s health condition. It includes though an aggravation of a pre-existing illness that is caused by excessive effort made by the employee in the performance of his work under extremely unfavourable conditions.
7.1 Obligations of the employer
• The employer should have available a written assessment of the safety and health risks at work, including those relating to groups of workers exposed to particular risks as well as he should specify the protective measures to be taken and, if necessary, the protective equipment to be used.
• The employer should report the accident to the Labour Inspectorate, the nearest police department and the Social Security Fund within 24 hours and keep intact all information and evidence that may be used to establish the causes of the accident
• The employer should keep an Accident Book in which the causes and description of the accidents are recorded and make the same available to the competent authorities.
• The employer should ensure that safety measures are taken in order to prevent the recurrence of similar incidents and that such measures shall be recorded in the special register kept by the safety technician.
• The employer should keep a list of accidents at work which have resulted in rendering employees unable to work for more than 3 working days.
7.2 Rights of the employee
• Medical and hospital care. If the employee is not insured for any reason with the Social Security Fund, the employer is obliged to pay the cost of medical and hospital care. If the employee is insured, the employer is exempted from this costs which is covered by the Social Security Fund. It is stressed that the insurance of the employees with the Social Security Fund is obligatory for the employer and the latter runs the risk of severe penalties if he employs uninsured employees.
• The employee is also entitled to a lump-sum compensation when he is not insured with Social Security Fund. Same is calculated on the basis of the extent of disability and the monthly earnings of the employee. In case of death, such compensation is payable to his relatives.
• As noted above, during the period of incapacity, the employee is entitled to a sickness allowance from the Social Security Fund. He is further entitled to recover from his employer any difference between the Fund's allowance and the salary, for a period of up to 15 days if he has he has been at the work for less than 1 year or up to 1 month if he has been at the work for more than 1 year. As noted, no allowance is paid by the Social Security Fund for the first 3 days of incapacity for work.
• If the accident has caused permanent disability, the employee may be granted a disability pension from the Social Security Fund regardless of previous working time.
• If the employee suffers an accident at work due to the fraudulent or negligent conduct of the employer or his staff or if the accident is attributable to the breach of special safety measures provided for by law, the employee can claim moral damage from the employer and full (unlimited) compensation. However, if the employee was or had to be insured with the Social Security Fund, then the employer is liable only for moral damages and only in respect of circumstances for which he or his other employees were in any way responsible for the accident.
8 HEALTH & SAFETY
Naturally, there is extensive legislation as regards the protection of employees depending on the risks involved in the specific work activity. Even in enterprises of lower risk (e.g. retail shops) there may be an obligation to employ a Safety Technician (such duties can be performed by one of the existing employees after he has been properly trained) who will check and advise the employer with regard to safety issues while if the business employs over 50 employees, it may need to appoint a doctor. Besides, the premises of the business may need to be certified for hygiene and disinfection and the authorities may check from time to time.
There are legal requirements for medical check-up of employees but only for business that are engaged in food and beverage activities or other specialized sectors (medical staff or employees engaged in heavy blue-collar work, sailors etc.)
9 LABOUR REGULATIONS & DISCIPLINARY SANCTIONS
The employer may establish Internal Labour Regulations regarding the day to day operation of his business. By the Regulations certain rules and procedures can be set for matters such as the conduct of employees in workplace, filing of complaints, disciplinary penalties, specific manners in which the services should be provided to the clients etc. If the employer employs more than 70 employees, he is obliged to establish Labour Regulations.
The Regulations are laid down following consultation with the existing union or if there is no such, the council of employees and should be also approved by the Authorities.
The Labour Regulations should necessarily include a policy for prevention and elimination of violence and harassment occurring in the course of, linked with or arising out from work.
Sanctions can be imposed on the employees if there are provisions in the Regulations for specific disciplinary offences. Such penalties may be an oral or written warning, a reprimand, a fine of up to 25% of the employee’s daily wage or 1/25 of his monthly salary and in serious disciplinary offences that are repeated, even suspension of work for up to 10 days per each calendar year.
It is advisable that warnings and other important notices to employees should be proved either by a return signature or if that is not possible, to be served on the employee by a Court Bailiff so as to ensure that delivery and knowledge of their content will not be disputed by their recipient.
10 PREVENTION OF VIOLENCE & HARASSMENT IN THE WORKING ENVIRONMENT
Greece has recently adopted the ILO Convention no. 190 (Violence and Harassment 2019).
An employer employing more than 20 workers, should adopt and implement in consultation with his workers or their representatives, a gender-responsive policy with a view to preventing violence and harassment in the world of work as well as to ensuring equality and non-discrimination, especially for women workers, as well as for other persons belonging to vulnerable groups or being in situations of vulnerability that are disproportionately affected by violence and harassment in the world of work.
This policy shall include at least:
• an assessment of the risks of violence and harassment at work,
• measures to prevent, control, reduce and respond to such risks as well as monitor such incidents or forms of behaviour,
• measures to inform and raise awareness among staff,
• information on the rights and obligations of employees and employer, as well as of the responsibility of persons exercising managerial authority or representing the employer and on the procedures to be followed,
• the designation of a person as a contact person at undertaking level, responsible for guiding and informing the employees on the prevention and response to violence and harassment,
• regulations protecting, if possible, workers and other supporting staff who are victims of domestic violence by any appropriate means or even providing reasonable accommodation.
Moreover, the policy should include regulations for the management of internal complaints of violence and harassment, which will describe the procedure for receiving and examining such complaints in a manner that ensures the protection of the victim and respect of human dignity. It should at least provide for:
• secure and easily accessible channels for communicating the complaints, as well as the identification of competent persons within the undertaking that will receive and examine and complaints and revert to the complainants,
• investigation of the complaints impartially and protection of the confidentiality and personal data of victims,
• the prevention of retaliation and further victimisation of the aggrieved person,
• description of the consequences in case of finding violations,
• the cooperation and provision of any relevant information to the competent authorities, if needed or requested.
11 TRANSFER OF BUSINESS
By the transfer of the undertaking all existing rights and obligations that the transferor has under an employment relationship are transferred to the successor and the transferor continues to be jointly and severally liable together with the successor until the successor takes over the full operation. The change of employer does not require consent of the employees, irrespective of the legal cause and form of transfer, although the latter should be informed in good time.
As transfer is meant the one in which the identity of the economic entity is retained, if the sense of a set of organised resources for the purpose of carrying out specific economic activity. The same applies to the case that there is a change in the individual or entity that is responsible for the operation of the business, irrespective of whether ownership of the undertaking is also transferred.
12 TERMINATION OF EMPLOYMENT
The parties are free to terminate by mutual agreement their contract under any terms they wish.
12.1 Fixed-term employment contract
In a fixed-term contract, either party can terminate prematurely the contract for a serious cause by giving a relevant written notice to the other party. The cause may be a serious misconduct or breach of a material obligation by the other party or even other objective reason for which no party is liable. Whether the cause of termination was justifiable or not, it is a matter to be determined by the Courts in case of disagreement and if it found that it was not, a compensation may be awarded to the innocent party for damages and losses.
12.2 Open-ended contract
12.2.1 Notice of termination
In an open-ended contract, the first 12 months are considered as a probation period and the employment contract can be terminated without the need of a previous warning or compensation from the employer. If the employment has lasted over 1 but less than 2 years, the employer should give 1 month's notice, if it has lasted from 2 to 5 years, the employer should give 2 months' notice, if it has lasted from 5 to 10 years, the employer should give 3 months' notice and if it has lasted for more than 10 years, the employer should give 4 months' notice.
12.2.2 Redundancy payment
Upon termination, the employer should offer a redundancy payment that is calculated on the basis of the employee's rate of pay and the length of service. The quantum of the redundancy payment also depends on whether a prior notice of termination has been given to the employee according to the previous paragraph, as follows.
Redundancy payment in case that no prior notice of termination has been given
Length of service under the same employer |
Payment |
| 1 to 4 years | 2 months' earnings |
| 4 to 6 years | 3 ˶ ˶ ˶ ˶ ˶ ˶ |
| 6 to 8 years | 4 ˶ ˶ ˶ ˶ ˶ ˶ |
| 8 to 10 years | 5 ˶ ˶ ˶ ˶ ˶ ˶ |
| 10 years completed | 6 ˶ ˶ ˶ ˶ ˶ ˶ |
| 11 years completed | 7 ˶ ˶ ˶ ˶ ˶ ˶ |
| 12 years completed | 8 ˶ ˶ ˶ ˶ ˶ ˶ |
| 13 years completed | 9 ˶ ˶ ˶ ˶ ˶ ˶ |
| 14 years completed | 10 ˶ ˶ ˶ ˶ ˶ ˶ |
| 15 years completed | 11 ˶ ˶ ˶ ˶ ˶ ˶ |
| 16 years completed | 12 ˶ ˶ ˶ ˶ ˶ ˶ |
If a prior notice has been timely given, then the said amounts are reduced by half.
Also an additional payment is provided by law for those who have completed 17 years under the same employer, the quantum of which is progressively increased in proportion to the number of years of work beyond the threshold of 17 years.
12.2.3 Unconditional termination
The only case, in which the employer may terminate the contract without the obligation of giving notice and compensation, is, if criminal charges have been pressed against the employee for a criminal offence committed in the performance of his work or even in case that the offence is unrelated to his work, if such offence is so serious as to be considered a felony. If the employee however is later acquitted of the charges, he may claim compensation for termination without warning.
12.3 Termination by the employee
The employee is also obliged to give an early notice of termination to the employer. The notice period is half of that required from the employer but in no case can exceed the 3 months. Neither, the compensation to the employer may be more than 3 months of the employee's salaries in case that the latter failed to give a prior notice.
12.4 Collective redundancies
An employer employing 20 to 150 workers can not dismiss more than 6 of them within a calendar semester while if he employs more than 150, he can dismiss up to 30 workers and up to 5% of his total staff.
13 PERSONAL DATA PROTECTION
By law 4624/2019 which is based on EU Regulation 2016/679 (GDPR), the provisions of EU Directive 2016/680 have been incorporated into Greek legislation.
For small and medium sized enterprises that have not as their main activity the processing of personal data, it would suffice to abide with the following principles:
• The Personal data must be: (i) processed fairly and lawfully; (ii) collected for specific, explicit and legitimate purposes and not processed in a manner incompatible with those purposes; (iii) adequate, relevant and not excessive; (iv) accurate and, where necessary, up to date; (v) kept in an identifiable form for no longer than necessary; and (vi) kept secure.
• It is permissible to process personal data of the data subjects (i.e. employees, clients, suppliers etc.) that are normally required for the performance of the contract with them (e.g. data of employees for tax, social insurance purposes etc.). In case of doubt, consent from the data subject should be obtained.
• In case that it is necessary to monitor a work place by video surveillance (CCTV) for the protection of people or goods, the employees should be informed in writing of that and the video recordings should not be used for rating the performance of employees.
• Data subjects should be advised about the collection of their personal data unless it is self-evident that this is done out of necessity in the framework of ordinary business practice or it is in accord with the contractual obligations. In case of doubt, consent from the data subject should be obtained.
• The data should be kept in order and in a form that it will be easy to inform about their content any data subject or authority upon their request.
• A memorandum should be prepared that will explain what sort of data are kept and for what purposes, it will set forth all other relevant information and be available on first request.
• It should be ensured that any subcontractor with whom an employer is cooperating, will be also complying with the GDPR.
• The authorities should be informed of any breach of personal data. The data subject should also be informed, if his interests have been put in jeopardy by such breach.
Pre-employment investigations with third parties about the prospective employee are allowed with the consent of the latter. The processing of data concerning the telephone or electronic communication of the employee is allowed to the minimum possible level and only if it is necessary for the smooth operation of the enterprise of the employer. Control of use of social media in or out the workplace can be allowed only if it is exceptionally necessitated by a superior interest of the employer and after the employee has been advised accordingly in advance.
Special rules apply to the processing of sensitive personal data (e.g. racial, ethnic origin, political opinions etc.).
14 PROTECTION OF EMPLOYER'S INTERESTS
Restrictive clauses and covenants can be agreed in the employment contract that they may include non-competition, non-solicitation, confidentiality clauses etc. Breach of the same may entitle the employer to claim damages or penalties, if so agreed. The legitimacy of such clauses can only be determined ad hoc, taking into consideration all parameters and factors (time duration of restriction, extent and justification of restriction, quantum of penalty etc.) as they should not be against bonos mores by excessively binding the parties.
15 RETIREMENT
As a rule, the employee can retire at the age of 67 years in order to receive full retirement benefits and at 62 years in order to receive the minimum part of them. There are a lot of exceptions though for employees who had established certain retirement rights before recent laws moved the retirement age limit upwards. There is no mandatory retirement age limit in the private sector.
16 WORKERS’ UNIONS
There are first, second and third degree workers’ Unions and are regulated by law 1264/1982.
First degree Unions are:
(a) those consisiting of at least 20 employees working under the same employer or in same financial sector who have established a Union in the form of an independent legal entity.
(b) If the employees in an undertaking are less than 40 and there is no Union in which half of them to be already members, then 10 at least of these employees can form a Union of Individuals that qualifies as first degree Union without enjoying legal personality.
(c) the local branches of workers’ Unions of a wider region or nationwide scope and only for the right to become members of the respective workers' centre. First degree Unions are able to declare strikes, request information from employers, consult with them for important issues, etc.
Second degree Unions (Federations) are considered
(a) Trade Unions that consist of two or more first degree Unions of the same or related financial activity or professions and
(b) Workers’ Centres.
Third degree Unions (Confederations) consist of two or more second degree Unions. They are entitled to negotiate Collective Employment Agreements and declare nationwide strikes.
The members of the administration of Trade Unions enjoy a number of privileges as it is additional leave, increased protection against dismissal etc.
Indicative quotation of basic laws:
Last udpate September 2022. The present article should not be regarded as a substitute for asking professional advice and the author will not accept any liability for any information provided or views expressed. Copyrights reserved.