Références
Act No. 3863/2010 on Social Security, July 2010 (Bulletin of Government Gazette Α 115/15.07.2010), as amended by Act 3899/2010 in December 2010 and last amended by Act 4144/2013 dated 18 April 2013
Date:
22 Aug 1970;
voir le site internet
»
Greek Civil Code [CC], Presidential Decree 456/1984 (art. 648 - 680 on contracts of employment) [in Greek only]
Date:
1 Jan 1970;
voir le site internet
»
Act No. 2112/1920 of March 1920 "On the mandatory notification of termination of private sector employment contracts", as amended by Act No. 4111 of 2013 [in Greek only]
Date:
22 Aug 1970;
voir le site internet
»
Royal Decree 16-18 July 1920 "On the extension of the application of Act 2112 to workers, technicians and servants, as amended in 1994 [in Greek only]
Date:
1 Jan 1970;
voir le site internet
»
Act No. 3198/1955 of February 1995 amending and supplementing the termination of employment provisions, as last amended in 1997 [in Greek only]
Date:
1 Jan 1970;
voir le site internet
»
Presidential Decree 81/2003 - Provisions on employees working on the basis of a fixed-term contract as last amended by Presidential Decree 180/2004 [in Greek only]
Date:
20 Aug 1970;
voir le site internet
»
Act No. 1387/1983 on collective dismissals, as last amended in 2001
Date:
1 Jan 1970;
voir le site internet
»
Champ d'application
Taille des entreprises exclues (≤): 20
Exclusion only applicable to collective dismissals. Act. 1387/1983 which governs collective dismissal does not apply to undertakings with less than 20 employees. However, those enterprises are not excluded from the regulation on individual dismissal.
Catégories de travailleurs exclues: fonctionnaires, travailleurs agricoles, travailleurs domestiques, membres des coopératives, gens de mer, enseignants
"The ordinary rules on dismissal do not apply to:
- civil servants, officials of public authorities and members of the armed forces and police, who are not qualified employees (see art. 9 Act 2112/1920;
- those employed for government, or public authorities or local collectivities under ordinary contracts of employment (specific legislation)(see art. 9 Act 2112/1920);;;
- teachers in private schools (specific legislation)(see Act 682/1977);
- medical doctors who are employed with a dependent employment relationship (specific legislation);
- employees in hotel industry (specific legislation);
- domestic servants (exclusion in part - only RD 1920 applies);
- employees in agriculture cooperatives enterprises (specific legislation see Act2810/2000);
- employees on board ship (see Act 3153/2003);;
- farm labourers;
- employees of public sector corporations when there is an internal company regulation which, in case of dismissals
provides for a level of protection at least equal or higher than ordinary rules" (see art. 9 Act 2112/1920).
Conventions collectives :
(See the NGCA 2008-2009, art. 17 and 2012-2013, Art. 2 that provides that all the provisions of previous National General Collective Agreements which have not been repealed shall continue to apply).
National General Collective Employment Agreement (2006-2007) (in Greek only)<br/>
Notes / Remarques
The Social Security Law (No. 3863/2010) enacted in July 2010 and further amended has introduced several changes to the rules regarding dismissals.
CDD reglementés: Oui
Presidential Decree 81/2003, as amended by P.D. 180/2004.
Motifs autorisés de recours au CDD: raisons matérielles et objectives
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).
: 3
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: 24mois
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 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.
% de travailleurs sous CDD: 10.2
Source: Eurostat, annual average for 2013
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
NEW: 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
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).
Motifs autorisés (licenciement justifié):
Motifs prohibés: état matrimonial, grossesse, avoir déposé une plainte contre l'employeur, race, sexe, orientation sexuelle, religion, âge, affiliation et activités syndicales, handicap, accomplissement du service militaire ou civil, origine ethnique
* 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. 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)
- No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
* Anti-discrimination provisions:
-The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.
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
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).
* 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.
- 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
Art. 1 Act 2112/1920
Délai de préavis:
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.
Indemnité compensatrice de préavis: Oui
Act No. 2112/1920, art. 3.
Notification à l'administration publique: Oui
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
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:<br/>- <b>6</b> employees in businesses or undertakings with <b>20 to 150</b> employees<br/>- <b>5%</b> of the workforce and up to <b>30</b> employees in businesses or undertakings with <b>over 150</b> employees.
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]
Notification à l'administration publique Yes
Act 1387/1983, art. 3 and 5.
The consultation period shall last 20 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)).
If the parties do not reach an agreement, the consultation period can be extended for further 20 days by the Prefect or the Minister of Labour (art. 5(3))
Following consultation, the employer must notify their outcome to the competent authority (the Minister of Employment or the Prefect). 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. If the parties fail to reach an agreement, the competent authority will issue a decision on the collective dismissals within 10 days (art. 5(3)).
Notification aux syndicats (représentants des travailleurs) Yes
Act 1387/1983, art. 3(3): The employer shall send copies of the documents submitted to the workers' representatives to the Ministry of Labour and the relevant local authorities local labour Inspectorate if the collective dismissals affect local branches of an undertaking.
Notification aux représentants des travailleurs: Yes
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).
Accord des syndicats (représentants des travailleurs) Yes
No approval by the administration required if the parties reach an agreement.
However, if the employer and the workers' representatives fail to reach an agreement, the competent public authority will issue a decision on the collective dismissals within 10 days, allowing or rejecting partly or wholly the proposed dismissals (Act 1387/1983, art. 5).
Accord des représentants des travailleurs No
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) No
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...) No
Règles de priorité de réembauche Yes
No obligation to draft a social plan. However, the consultation process shall address ways to avoid dismissals or reduce their number or adverse effects (art. 3(1), Act 1337/1983)
:
Act. 4093/2012, subparagraph IA.12, sections 2 and 3
: 0 jour(s)
: 0 jour(s)
: 0 jour(s)
: 1 mois
: 1 mois
: 1.5 mois
: 2.5 mois
: 6 mois
:
See remarks under severance pay.
: 0 jour(s)
: 0 jour(s)
: 0 jour(s)
: 1 mois
: 1 mois
: 1.5 mois
: 2.5 mois
: 6 mois
:
See remarks under severance pay.
: 0 jour(s)
: 0 jour(s)
: 0 jour(s)
: 1 mois
: 1 mois
: 1.5 mois
: 2.5 mois
: 6 mois
travailleurs miniers: 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 <b>severance pay in lieu of reinstatement</b>.<br/>- 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 <b>severance pay in lieu of reinstatement</b>.<br/>- 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.<br/>- 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.
- 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".
directeurs /cadres dirigeants: Oui
As indicated above, reinstatement is the primary remedy for unfair dismissal.
police: Non
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
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).
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