26 Nov 2020

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Calculation of the dismissal compensation

According to the explicit provision of the Law (article 5 L.3198 / 1955), the calculation of the dismissal compensation is done based on the regular salary of the employee during the last month with full-time status. “Regular salary” is defined as remuneration (legal or contractual) paid regularly and uninterruptedly to employees in exchange for the work they provide. Thus, regular salary includes not only the main salary, but also any other benefit, either in cash or in kind, which is given in addition to the salary during the employment contract, such as e.g. overtime, family allowances, food, housing, etc. However, in...

26 Nov 2020

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Issues related to annual regular leave to employees

Posted by Έλενα Μπατάλα

in Labor & Employment, Special topics

The time for granting the leave Under the current provisions, the employer is obliged to grant the leave to the employee, even if he/she does not accept it, by the 31st of December of each year. The document number 50239/77 issued by the Ministry of Labor, had accepted that the leave could be extended for a few days in the next year, in case the days are not sufficient until the 31st of December for the exhaustion of the leave, if the employee who will receive the leave has either returned from illness or from maternity leave in the last month (and...

26 Nov 2020

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Part-time work (legislative framework – provisions analysis)

Posted by Έλενα Μπατάλα

in Labor & Employment, Special topics

Part-time work is a form of flexible work, which was introduced for the first time by Greek Law 1892/1990 as a means of combating unemployment. It is based on the standard “dependent work” model but with a derogation from one parameter (working time). Since then, this specific form of work has been retained in effect and regulated by various legislative provisions (Law 2639/1998, Law 2847/2000, Law 2956/2001, Law 3174/2003, Law 3250/2004). The last amendment (effected by Article 59 of Law 4635/2019) regulated the concept of part-time work on a new basis, codified existing provisions and introduced new measures to protect employees. I. Definitions “Part-time...

26 Oct 2020

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Compensation for off site Work

Posted by Έλενα Μπατάλα

in Labor & Employment, Special topics

Τhe compensation of employees for off-site work is regulated by the Joint Ministerial Decision of the Ministers of Finance and Labor no. 21091/1946 (Government Gazette / Β’/ 142/1946) as in force. According to this JMD), employee is entitled to the following: a) His/her earnings in full as if he/she was normally employed at the headquarters of the company. b) Daily allowance/compensation for off-site work, which is independent of the employee’s working hours and is related only to the number of the overnight stays, equal to 1/25 of the legal salary. When employees working off-site are provided with food and housing by the employer at...

21 Aug 2018

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Social security formalities for employees working in Greece when the employer is not established in Greece

Posted by Niki Plyta

in Labor & Employment, Special topics

For the social security of an employee working in Greece by virtue of a contract of employment with an employer established in another EU member state. According to article 21 of EU regulation 987/2009, due to the fact that the foreign employer has no presence in Greece, the employee is solely responsible for payment of the insurance contributions relating to his employment. ...

20 May 2016

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Employee Transfer Agreement

Posted by Niki Plyta

in Labor & Employment, Special topics

The combined meaning of article 651 Civil Code which states that “unless something else applies on the basis of the agreement or the circumstances, the employer must fulfill his obligation personally and the employer’s claim is not alienable” and 361 & 648 Civil Code, suggests that an agreement, according to which the employer who has the employee’s services at his disposal can concede his claim for the said services to another person with the employee’s consent (which can be provided in whatever way, explicitly or implicitly, to the original or the subsequent employer), insofar as this relationship is based on...

12 Jun 2015

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Vacation leave entitlement for salaried employees

Posted by Niki Plyta

in Labor & Employment, Special topics

For the vacation leave of the newly recruited employees, the following shall apply: Each salaried employee from the beginning of his employment until the completion of a 12 month continuous employment, he is entitled to receive percentage of his annual leave with pay. This percentage is calculated based on the 24 working days annual leave (6 working days per week system) or based on the 20 working days annual leave (5 working days per week system) Therefore: -6 working days per week system -> 24 days of leave/12= 2 days per month -5 working days per week system -> 20 days of leave /12= 1,666...

07 Aug 2014

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General procedural formalities in changes of employer

Posted by Niki Plyta

in Labor & Employment, Special topics

In the case of “change of employer” the following procedures must be followed, in general: First of all a private agreement between the old and the new employer and the employee should be signed. In this agreement the old employer discloses the terms of the employment contracts, the new employer accepts them and undertakes all the obligations that arise (accumulated rights of the employee) and the employee accepts the change of employer. The above private agreement must be submitted to the Manpower Employment Organization (OAED) the day that the change of employer (following a buy our, a merger/acquisition etc) is finalized and the...

11 Jul 2014

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Registration of an international trademark

Posted by Niki Plyta

in Labor & Employment, Intellectual Property, Special topics

The registration of an international trademark requires an investigation in the database for international trademarks with respect to those countries where one wishes to have the trademark registered, so as to identify whether a similar trademark has already been registered. In order to file an application for the registration of an international trademark, the applicant must be a Greek citizen or a resident in Greece or a company or a partnership having a real and permanent establishment in Greece and must have already filed an application for registration or registered the same trademark as a Greek one (if the application is...

01 Apr 2014

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Managing employees – Differences between their employment agreement and the one applicable to ordinary employees

Posted by Niki Plyta

in Labor & Employment, Special topics

Managing employees are individuals holding a management, trust or supervision position within a business entity. According to the legal theory and jurisprudence, managing employees are employees of a large business entity, who have been charged, due to their exceptional qualifications (higher education, high qualifications, special skills, specialization, experience) as well as to the employer’s special trust in them, with general management tasks regarding the whole entity or a significant department thereof and staff supervision tasks, in a way that they decisively influence the entity’s development and clearly distinguish from all other employees who carry out the normal current work. Such distinction...

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