CDD reglementés: Oui

Remarks

Presidential Decree 81/2003, as amended by P.D. 180/2004.

Motifs autorisés de recours au CDD: raisons matérielles et objectives

Remarks

See Article 669(2) of the Civil Code.
In addition, the renewal of a FTC is permitted without any limitation only if it is justified by an objective reason, in particular the nature or the form of the employer's or the company's activity, special grounds or needs which are specifically provided for in the employment contract (inter alia temporary replacement of a worker, performance of occasional work, temporary increase in workload, work provided in relation to education or training, performance of a specific project or programme, work linked to a specific event or in undertakings offering air transportation and airport services).(Art. 5 P.D. 81/2003, as amended by P.D. 180/2004).

NOTE: The basic principles governing PD 180/2004 are as follows:
- workers may be employed on fixed-term contracts to meet standing, permanent needs of the enterprise (Article 3);
- workers on fixed-term contracts must have completed 24 months of actual employment or three successive renewals of their initial fixed-term contract in order to be considered as having an open-ended contract (Article 3);
- for a fixed-term employment contract to be renewed, the time since expiry of the previous contract may not exceed three months in public utilities and services and 45 days in the rest of the private sector (Article 3);
- to be covered by the PD's provisions on conversion into open-ended contracts, the employment relationship of workers under fixed-term employment contracts must have been in effect on the date the PD was issued, or have expired within the three months preceding that date (Article 4).

PD 180/2004 lengthen the interval between two successive employment contracts from 30 working days, as provided for in PD 81/2003, to 45 days. The exemptions that prevented certain categories of workers from converting fixed-term contracts into contracts of indefinite duration have been abolished, except for special conditions relating to air transport companies, which have been retained. The previous precondition of objective reasons for renewal of fixed-term employment contracts has also been restricted substantially. Therefore in order to convert 'wrongful' successive fixed-term employment relationships into open-ended ones, such contracts must meet standing, permanent needs of the enterprise and fulfil the formal preconditions set by the PD, without there being a need for numerous objective reasons.
(Source : EuroFound https://www.eurofound.europa.eu/mt/publications/article/2004/new-regulations-on-fixed-term-contracts-in-private-sector)

Nombre maximum de CDD successifs: 3

Remarks

Art. 5 P.D. 81/2003, as amended by P.D. 180/2004:
The unlimited renewal of FTC is permitted if it is justified by an objective reason (see above).
However, if within a two-year period, more than 3 successive contracts are concluded, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts (even where there are objective reasons for concluding a fixed-term contract)
The employer has the burden to prove otherwise.

Durée cumulée maximum de CDD successifs: 36mois

Remarks

2 years under P.D. 81/2003 as amended by P.D. 180/2004:
Art. 5 P.D. 81/2003, as amended by P.D. 180/2004 provides that the unlimited renewal of FTC is permitted if it is justified by an objective reason (see above). However, if the total duration of the successive contracts or employment relations exceeds two years, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts.

However: 3 years under Law No. 3986/2011
Under Law No. 3986/2011 (Urgent Measures for the Implementation of the Mid-term Financial Strategy Framework 2012-2015), if the duration of successive employment contracts exceeds three years in total, without being justified by specific reasons or needs provided by law, it is deemed that those contracts cover constant and permanent needs of the enterprise and consequently are of indefinite duration (art. 41).

% de travailleurs sous CDD: 11.2

Remarks

Source: Eurostat, annual average for 2016
The figure refers to the percentage of employee of total number of employee aged 15 years and over with a contract of limited duration (= temporary job).
Eurostat data are based on the following definition:
"A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Durée maximale de la période d'essai (en mois): 12 mois

Remarks

Since 2012: The first 12-month period of an employment contract of an indefinite duration shall be deemed a probationary period during which the contract may be terminated without notice and without severance pay, unless otherwise agreed by the parties. Subparagraph IA. para.12. section 1 of Law 4093/2012)
With regard to the dismissal of blue-collar workers for which no notice is required (see below), the severance pay requirements only applied to workers with at least two months of service.

Obligation d'informer le travailleur des raisons du licenciement Non

Remarks

The law does not require the employer to provide reasons to the employees when dismissing them.
However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).

Employers can draft a social plan, but they are not obliged to do so (Law No. 1387/1983, art. 3(4)). However, during consultation, the parties should cover ways to avoid or reduce the need for dismissals and to mitigate their adverse effects (Law No. 1337/1983, art. 3(1); Law No. 1387/1983, art. 3(4)).

Motifs autorisés (licenciement justifié): aucun

Remarks

- Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

-Fixed-term contracts:
FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.

Motifs prohibés: état matrimonial, grossesse, avoir déposé une plainte contre l'employeur, race, couleur, sexe, orientation sexuelle, religion, origine sociale, âge, affiliation et activités syndicales, handicap, accomplissement du service militaire ou civil, identité de genre, origine ethnique

Remarks

* Specific prohibitions of dismissal:
- The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).

- Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Under Law No. 1264/1982, certain union committee members are protected against dismissal, and the number of protected members depends on the size of the workplace. Protected individuals can only be dismissed for a narrow range of circumstances including disclosing confidential information or threatening / violent / abusive behaviour. As a general rule, dismissal based on trade union activities and membership is prohibited.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)

- The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
* Anti-discrimination provisions:

-The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité, travailleurs effectuant leur service militaire/service alternatif, vétérans de guerre

Remarks

The following categories of workers enjoy special protection against dismissal:

* The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

* Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

- Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
- War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
- Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)

Forme de la notification du licenciement au travailleur: écrite

Remarks

Art. 1 Act 2112/1920


Délai de préavis:

Remarks

The statutory notice periods for dismissing white-collar workers were shortened in 2012 by the Act 4093/2012 (art. IA para. 12 sec. 1):
- For employees who have served from 12 completed months to two years, one month's notice is required before dismissal;
- For employees who have served from two to five years, two months' notice is required before dismissal;
- For employees who have served from five to 10 years, three months' notice is required before dismissal; and;
- For employees who have served 10 years or more, four months' notice is required before dismissal.

[Prior to the reform, the notice periods were set , as follows:
- 1 month for employees who have worked for at least 12 months but not more than 2 years;
- 2 months for employees who have worked for at least 2 years but not more than 5 years;
- 3 months for employees who have worked for at least 5 years but not more than 10 years;
- 4 months for employees who have worked for at least 10 years but not more than 15 years;
- 5 months for employees who have worked for at least 15 years but not more than 20 years;
- 6 months for employees who have worked for over 20 years

- No notice period to be observed in order to dismiss a blue-collar worker, they are only entitled to severance pay.

ancienneté ≥ 6 mois:

  • employés: 0 mois.
  • ouvriers: 0 mois.

ancienneté ≥ 9 mois:

  • employés: 0 mois.
  • ouvriers: 0 mois.

ancienneté ≥ 2 ans:

  • employés: 2 mois.
  • ouvriers: 0 mois.

ancienneté ≥ 4 ans:

  • employés: 2 mois.
  • ouvriers: 0 mois.

ancienneté ≥ 5 ans:

  • employés: 3 mois.
  • ouvriers: 0 mois.

ancienneté ≥ 10 ans:

  • employés: 4 mois.
  • ouvriers: 0 mois.

ancienneté ≥ 20 ans:

  • employés: 4 mois.
  • ouvriers: 0 mois.

Indemnité compensatrice de préavis: Oui

Remarks

Act No. 2112/1920, art. 3.

Notification à l'administration publique: Oui

Remarks

The employer has the obligation to inform the OAED (Greek Manpower Employment Organization) within 8 days from the date of the dismissal (art. 9 Act No. 3198/1955).

Notification aux représentants des travailleurs: Non

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Remarks

Except for workers enjoying a special protection.

Accord des représentants des travailleurs: Non

Définition du licenciement collectif (nombre d'employés concernés): Dismissals affecting at least, within a month:
- 6 employees in businesses or undertakings with 20 to 150 employees
- 5% of the workforce and up to 30 employees in businesses or undertakings with over 150 employees.

Remarks

These thresholds were established by Article 74(1) of Act 3863/2010 in July 2010.
[Prior to the reform, the definition of collective dismissal was set, as follows:
Dismissals affecting at least, within a month:
- 4 employees in undertakings with 20 to 200 employees
- 2 to 3% of the workforce but not more than 30 employees in one month in undertakings with over 200 employees
See art. 1, para. 2 of Act 1387/1983, amended by art. 9 of Act 2874/2000.
Note: the percentage and maximum number of employees to be dismissed in order to trigger the procedure for collective dismissal was set every six months by ministerial decision. For the first semester 2009, it was set at 2% with a maximum of 30 employees]

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks

Act 1387/1983, art. 3 and 5.
The consultation period shall last 320 days from the date of notification to the workers' representatives (art. 5(1)). During the consultation process, the parties must examine ways to avoid dismissals or reduce their number or adverse effects (art. 3(1)).

Following consultation, the employer must notify their outcome to the Supreme Labour Council. (The Supreme Labour Council is a special committee within the Ministry of Labour, which consists of an equal number of representatives from the State, the employees' associations and the employers' associations, see Art. 25(3) (7B) of the Presidential Decree. 368/1989)
If the parties reach an agreement, the employer can proceed with the collective dismissals, according to the terms of the agreement, after a 10-day period (art. 5(3)).
If the parties do not reach an agreement, the Supreme Labour Council (SCL) must determine whether the employer has fulfilled all of his or her obligations to consult with the worker representatives and to notify the authorities. If it finds that the obligations have been fulfilled, the employer can proceed withthe collective dismissals after a 20-day period. If the SCL finds that the obligations have not been fulfilled and that more consultations are necessary, it can extend the consultation period or set the employer a deadline to fulfill his or her obligations (art. 5(3)). However, in any case, the dismissals must be declared valid if no agreement is reached within 60 days after the SCL has first been notified by the employer.
The above consultation procedure is not necessary in cases in which the business activities of the employer have been stopped or are withheld by a court order (art. 5(4)).

Notification à l'administration publique: Oui

Remarks

Law 1387/1983, Art. 3(1) imposes an obligation on the employer to submit to the prefecture and the competent labour inspectorate copies of the documents stipulated in art. 3(2), i.e. the documents addressed to the workers' representatives, which contain information concerning the reasons for dismissals, the number and categories of workers that may be subject to redundancy, the number and categories of persons normally employed at the undertaking or establishment during the time of the dismissals, and so on. Art. 3(3) also provides that if the undertaking or establishment has subsidiaries in different administrative regions, the relevant documentation should be submitted to the Minister of Labour and the labour inspectorate that is located where all or most of the dismissals are due to take place. The notification of the documents to the public authority aims at the provision of all necessary information concerning the dismissals. Importantly, Law 1387/1983 does not stipulate that the public authority has the right to intervene during the actual consultation between management and the workers' representatives, or to identify solutions for the avoidance or reduction of dismissals. When the consultation process between management and the workers' representatives is concluded, the minutes are submitted by the employer to the Prefect or to the Minister of Labour, in line with art. 3(3) of Law 1387/1983 (see art. 5(1)).

In January 2014, the SLC unanimously decided that in order for it to formulate a “motivated opinionu201d on the employer's decision on planned collective dismissals, it should proceed to examine the dossier containing the information on the enterprise, the collective dismissal plan and the consultation minutes as well as any other accompanying elements.238 The January 2014 Decision also outlines the elements of these documents in greater detail. The dossier on the enterprise includes its financial and economic situation during the last three years, information on the workforce and the reasons for the necessity to proceed to collective dismissals. The collective dismissal plan must contain references to the number of employees to be dismissed, the criteria for the selection of the employees under the plan, the timeline for the implementation of the dismissals and proposed measures to mitigate the consequences of the dismissals. Finally, the consultation minutes must make reference to the location and time of the meetings, the participants, the information provided by the employer, the information on any proposals submitted by the workers' representatives, and the outcome of the consultation. As the SLC is not a legislative body, the content of Law 1387/1983 has not been amended by the SLC Decision. As such, the Minister or Prefect retains the power to prohibit or authorize the dismissals in cases where the parties fail to reach an agreement. However, the Decision has put renewed emphasis on the role of the SLC under art. 5(3) of Law 1387/1983. (Source: Report on collective dismissals: A comparative and contextual analysis of the law on collective redundancies in 13 European countries /Nicola Countouris, Simon Deakin, Mark Freedland, Aristea Koukiadaki, Jeremias Prassl; International Labour Office. – Geneva: ILO, 2016 https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---ed_dialogue_msu/documents/publication/wcms_541637.pdf)

Under the Law No. 4472/17 (2017), the body responsible for collective redundancies is the Supreme Council of Labour (SCL) and its Department for the Control of Collective Redundancies, with equal tripartite representation of the state, employees and employers.

Notification aux représentants des travailleurs: Oui

Remarks

Act 1387/1983, art. 3: the employer must inform the workers' representatives of the proposed collective dismissal, indicate the reasons for it and provide other information as required by the law (i.e the number and categories of employees concerned, the criteria used to select the employees, the period over which the collective dismissal will be carried out).

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Remarks

Law No. 4772/2017 recently amended Law 1387/1983. As a result, collective redundancies, following the failure of the consultations, take place without the approval of the administration, since the Prefect or the Minister of Labor has no right to extend consultations or submit a veto for all or part of the planned redundancies, as it was defined before by Art. 5 (3) of Law 1387/1983.

Accord des représentants des travailleurs: Non

Remarks

Act 1387/1983, art. 5: No approval is required as such: If the parties reach an agreement, the employer can proceed to the collective dismissals according to the terms of the agreement after a 10 day period. However, if no agreement is reach, the competent public authority will issue a decision on the collective dismissals within 10 days, allowing or rejecting partly or wholly the proposed dismissals.

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Non

Remarks

No rules on the determination of selection criteria in the legislation reviewed. Selection criteria are only referred to in art. 3(2) of Act 1387/1983 as part of the information to be transmitted to employee's representatives within the framework of the notification and consultation process.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks

Employers can draft a social plan but do not have to (art. 3(4) of Act 1387/1983; art. 3(4) of Act 1387/1983). The consultation process shall address ways to avoid dismissals or reduce their number or adverse effects (art. 3(1), Act 1337/1983, art. 3(4) of Act 1387/1983)

Règles de priorité de réembauche: Non

Indemnité de licenciement:

Remarks

Act. 4093/2012, subparagraph IA.12, sections 2 and 3

ancienneté ≥ 6 mois: 0 mois

ancienneté ≥ 9 mois: 0 mois

ancienneté ≥ 1 an: 0 mois

ancienneté ≥ 4 ans: 1 mois

ancienneté ≥ 5 ans: 1.5 mois

ancienneté ≥ 10 ans: 2.5 mois

ancienneté ≥ 20 ans: 6 mois

Indemnité de licenciement pour motif économique:

Remarks

See remarks under severance pay.

ancienneté ≥ 6 mois: 0 mois

ancienneté ≥ 9 mois: 0 mois

ancienneté ≥ 1 an: 0 mois

ancienneté ≥ 2 ans: 1 mois

ancienneté ≥ 4 ans: 1 mois

ancienneté ≥ 5 ans: 1.5 mois

ancienneté ≥ 10 ans: 2.5 mois

ancienneté ≥ 20 ans: 6 mois

Notes / Remarques

Notes

The amounts provided above under "severance pay" and "redundancy payment" refer to dismissal with notice of a white-collar worker]

1) Dismissal (for any reason, including redundancies) of a white-collar worker
As a result of the changes to the statutory notice period introduced by Act 4093/2012, severance pay for white-collar workers (the amount of which varies according on the notice period) has been modified.
- If the employer terminates with notice the severance pay depends on the length of service of the worker with the employer:
tenure from 1 day to 1 year no severance pay is due
tenure from 1 year to 4 years severance pay of 1 month is due
tenure from 4 to 6 years, a severance pay of 1.5 months is due
tenure from 6 to 8 years, a severance pay of 2 months is due
tenure from 8 to 10 years, a severance pay of 2.5 months is due
tenure from 10 to 11 years, a severance pay of 3 months is due
tenure from 11 to 12 years, a severance pay of 3.5 months is due
tenure from 12 to 13 years, a severance pay of 4 months is due
tenure from 13 to 14 years, a severance pay of 4.5 months is due
tenure from 14 to 15 years, a severance pay of 5 months is due
tenure from 15 to 16 years, a severance pay of 5.5 months is due
tenure from 16 and above, a severance pay of 6 months is due
- if the employer terminates without notice: severance pay = double the amount specified above.
(Art. 1(1) and 3(1) of Act 2112/1920; Subparagraph IA.12, sections 2 and 3 of Act. 4093/2012)

2) Dismissal (for any reason, including redundancies) of a blue-collar worker, severance pay varies according to the length of service, from 5 days to 165 days' wages.

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Non

Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie): - If the dismissal constitutes an abuse of right: it will be declared null and void and the worker will be reinstated and receive back pay for the period between the dismissal and the court's decision. The worker can apply for the payment of severance pay in lieu of reinstatement.
- If the procedural requirements applicable to the dismissal of a worker under an contract of an indefinite duration are not observed (= severance pay, written notification), the dismissal is also considered null and void and the worker will be entitled to reinstatement + back pay. The employee can also claim the payment of severance pay in lieu of reinstatement.
- If the employee dismisses an employee in violation of the provision on special protection (i.e pregnant women, workers on annual leave, trade union officials), the dismissal will also be nullified by the Court.
- In the event of termination of a fixed-term contract without a serious reason, the employee will be entitled to compensation for the remaining period of the contract.

Remarks

- Abusive dismissals: see art. 281 CC, which is the general provision prohibiting the abusive exercise of a legal right. This area has been developed by case law.
- On non-compliance with the procedural requirements, see art. 5(3) of Act 3198/1955.
- Termination of a fixed-term contract without a good reasons is regulated by art. 673 CC.
- See also the remark below "workers enjoying special protection" under "Substantive requirements for dismissals".

Possibilité de réintégration dans l'emploi: Oui

Remarks

As indicated above, reinstatement is the primary remedy for unfair dismissal.

Conciliation préalable obligatoire: Non

Remarks

No preliminary mandatory conciliation.

"Articles 208 to 214 in Chapter One of the Code of Civil Procedure deal with the attempt at conciliation which may precede the filing of a lawsuit, although the mechanism is rarely used.
According to the Code of Civil Procedure, in the case of individual labour disputes arbitration is forbidden. However, before the parties concerned bring the case before the courts, there is an opportunity for the Labour Inspectorate to intervene in an attempt to reconcile the worker and employer. The Labour Inspectorate may intervene in individual labour disputes following a written application/complaint made by the applicant to the Labour Inspectorate, which then convokes a tripartite meeting (Labour Inspectorate, employee and employer), during which the subject of the dispute is discussed, along with means of resolving it."
See: Sofia Lampousaki, "Greece: Individual disputes at the workplace - alternative disputes resolution", Feb. 2010, available at the following:
http://www.eurofound.europa.eu/eiro/studies/tn0910039s/gr0910039q.htm

Courts ou tribunaux compétents: juridiction ordinaire

Remarks

Complaints regarding the nullity of the dismissal shall be brought to the ordinary court within 3 months form the date to the dismissal (art. 6(1) of Act No. 3198/1955).Claimants must be heard within at most 60 days and cases must be settled by the courts after a maximum of 90 days after their submission to court, art. 621(3) Civil Procedure Code.
Alternatively, if the employee decides to lodge a complaint to obtain severance pay, he/she shall do so within 6 months of the dismissal (art. 6(1) of Act No. 3198/1955).

Règlement des litiges individuels par arbitrage: Non