GREECE Law and Practice Contributed by: Nikolas Sigkridis, Semina Zavitsanou, Chrysa Kalantzi and Yannis Ragos, POTAMITISVEKRIS
legislation allows for unilateral recourse to arbitration to resolve deadlocks in essential sectors.
applies when, within a 30-day period, an employer intends to dismiss: • more than six employees in undertakings employ - ing 20–150 employees; or • more than 5% of the workforce, and at least 30 employees, in undertakings employing more than 150 employees. The employer must present the reasons, consider alternatives and explore mitigation measures. The process is supervised by the Supreme Labour Coun - cil (SLC) and cannot be finalised without completion of the mandatory procedures. To terminate an employment agreement of indefinite duration, the employer must log into the ERGANI digi - tal platform using their username and password, com - plete the electronic termination form (“document E6”), print it and have it signed by the legally authorised representative on behalf of the employer. For expiry or early termination of a fixed-term employment con - tract, the respective form (“document E7”) is used. The termination document is handed to the employ - ee and signed by them, and is then submitted to the ERGANI platform within four days of the termination date. If the employee refuses to sign it, the termination doc - ument must be served by a bailiff. On the termination date of an indefinite-term contract, the employer must deposit the statutory severance pay into the dismissed employee’s bank account. Calculation of the Severance Payment Statutory severance payment is calculated based on the employee’s last (before the termination) monthly salary (annualised) and their years of service with the same employer. 7.2 Notice Periods Dismissal Formalities The monthly salary is multiplied by 14 and divided by 12 (to include the Christmas and Easter allowances as well as the annual leave allowance). Regular fringe benefits (such as car allowance, housing allowance,
7. Termination 7.1 Grounds for Termination
The termination of an employment relationship in Greece differs in the case of a fixed-term agreement and in the case of an agreement of indefinite duration. Termination of a Fixed-Term Employment Contract A fixed-term employment contract is terminated de facto once the agreed time lapses and no payment of a termination indemnity is required. In addition, a fixed-term contract may also be terminated before the agreed time lapses for a serious cause (see 7.3 Dis- missal for (Serious) Cause ). In such case, severance pay is also not required. However, if the employer ter - minates the contract early without a serious cause, the employee is entitled to claim the full salary payments they would have received for the entire duration origi - nally agreed upon. Termination of an Employment Contract of Indefinite Duration The termination of an employment contract of indefi - nite duration is a unilateral, non-causative (ie, the employer is not required to indicate the reasons justi - fying the dismissal) legal act, except for those cases stipulated otherwise by law (see 7.5 Protected Cat- egories of Employee ). Furthermore, the termination of an employment agree - ment of indefinite duration is valid only if it is made in writing and upon simultaneous payment of the exact amount of the statutory (and of the contractual, if any) severance pay (see 7.2 Notice Periods ). The only case where the employer is not obliged to pay the statutory severance pay is when the employee has committed a criminal offence and the employer has filed criminal charges against the employee before termination. Collective Redundancies Employers intending to implement collective dismiss - als must engage in prior consultation with employee representatives and notify the Ministry of Labour. This
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