Labor &amp; Employment

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Labor accidents and employer’s obligations under Greek law: What Law 3850/2010 defines

Protecting the health and safety of workers is a fundamental obligation of every employer. Law 3850/2010 describes in detail the responsibilities and obligations of companies with regard to the prevention and management of occupational accidents. In this article, we examine the main provisions of the law, the obligations of employers and the possible legal consequences in case of their violation. Employer's obligations under Law 3850/2010 • Obligation to employ a safety technician and an occupational physician According to Article 8 of the law, enterprises employing more than 50 workers are required to have a safety technician and an occupational physician. They have an...

04 Mar 2024

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Per diem compensation for work out of site under Greek employment law

According to article 144 of Individual Labour Law Code there is a requirement to pay per diem in Greece in cases when the employee stays away overnight. In particular, for each night away from home, per diem is equal to the statutory daily wage or 1/25th of the statutory monthly wage for employees paid on a monthly salary and there is no relation with either the country of destination or the duration of the business trip day. Unless otherwise agreed, it can be paid at the end of the month when the trip has taken place, together with the monthly...

23 Dec 2022

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Directors and other employees of special responsibility and trust who are exempt from working time rules

(Interpretative circular No of 3202/14.01.2022 Ministry of Labour and Social Affairs ) 1) Within the meaning of Article 2(a) of the Washington International Convention on the limitation of working hours in industrial enterprises, ratified by Law No. 2269/1920, the provisions of the Convention shall not apply to persons holding positions of supervision, management, or trust. These persons, although they do not stop to be employees in a dependent employment relationship, are exempted from the application of the provisions of the labour legislation concerning working time limits, the 8-hour provisions, weekly rest and compensation or a bonus for overtime and surplus work or...

19 Sep 2022

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Basic legal framework for employment in Greece

Working time In all sectors of work without exception and in all sectors of economic activity, full-time work shall be 40 hours a week, which may be allocated over a 5- or 6-day working week. Τhe full contractual working hours may be distributed on a five-week or six-day basis as provided for, amounting to eight (8) hours per day, whereas where a six-day working week system is applied, the full working hours shall amount to six (6) hours and forty (40) minutes per day. The possibility of adopting a four-day full-time system of forty (40) hours per week and ten (10) hours...

19 Aug 2022

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Restrictions for women in the access of professions under Greek law

There is no legal provision in Greek law that prohibits a woman from holding any employment position. However, some conditions for the employment of women in certain sectors of the public sector have been found by the Supreme Court that they constitute indirect discrimination against women and were therefore annulled as contrary to the Constitution. In successive decisions, the Supreme Court of Greece (Supreme Judicial Council ) ruled as unconstitutional provisions for the recruitment in the public sector (Police, Coast Guard, etc.) which stipulated as a necessary qualification a specific height regardless of gender or a special height different for men...

12 Jul 2022

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Meaning of working experience in terms of annual leave

Regarding the meaning of the term “work experience” in terms of the right of the employee to annual leave, it is pointed out that this term is found in article 6 of National General Collective Employment Agreement dated 2001, to which par. 7 article 2 Mandatory Law 539/1945 refers and which remains in force at this issue. The provision is expressly referring to the employee’s right to annual leave of 25 working days, when his/her “working experience” exceeds 10 years in the same employer or 12 years in any employer....

31 May 2022

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Legal provisions related to sick leave

Regarding an employee's absence due to illness and the reimbursement of such absence please note the following: An employee, in order to be eligible to reimbursement for sick leave must be employed for at least 10 days by the same employer. Employees must notify their employers about their absence due to illness by any means and verify their condition by providing a letter by the doctor who will also indicate the number of days that the employee will apply for sickness leave. Employees can claim half a salary in case they are employed for a period greater than 10 days...

19 May 2022

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Criminal sanctions against employers for violations of labor law

An employment contract is a bilateral contract, under which the parties undertake obligations on both sides. The employee assumes as his main obligation the provision of work, and the employer has as his main obligation to pay to the employee its compensation (salary). It is easy to understand that the non-payment of the employee's salary is the biggest violation to his legal rights and was the springboard for criminalization not only of this act of the employer but also of the general will for a more effective protection of the employee as the weakest part of employment relationship. Therefore, criminalizing non-fulfillment...

02 Feb 2022

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Procedure and documentation required for the commencement of a sole-trader business/freelancer activity