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General procedural formalities in changes of employer

Iason Skouzos & Partners > Practice Areas  > Labor & Employment  > General procedural formalities in changes of employer

General procedural formalities in changes of employer

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 first day that the employee starts working at the new employer.

On the same day, the change must be declared to the Social Security Services (IKA) and the new employer must be registered and get access codes to the computer system of the labor authorities (if they haven’t got such access already).

Lastly, within three days from the hiring “the change” must be also declared to the Labor Inspectorate (SEPE) and the new employer must submit electronically the hiring announcement and the table of the staff and their respective working hours.

New contracts between the employees and the new employer are not necessary to be signed, as private agreements will have been preceded where the accumulated rights of the employees will have been ensured.

Regarding the foreign employees the following generally apply:

1) case of a third country national who holds a resident permit for dependent work (which means that he works to a specific employer with a specific job description).
Such employee can work for another employer during  the valid period of his initial residence permit, under the condition that he will continue to engage with the same occupation for which he was granted the work permit and continue to be insured under the same Social Security Organization (in Greece there is more than one).
In the case of a change in the person of the employer, the employee is obliged to inform the competent “Aliens and Immigration Department” within a period of 30 days from the signing of the new employment contract.

2) case of third country national who works seasonally or in some other special cases where special visa is required:
In this category there are many cases and each one has different requirements, so we will need more information to advise what actions should be  made.

3) European national
For European nationals there is no visa requirements and only a resident permit is needed.