GREECE Law and Practice Contributed by: Nikolas Sigkridis, Semina Zavitsanou, Chrysa Kalantzi and Yannis Ragos, POTAMITISVEKRIS
alleged unlawful grounds, but was based on a legiti - mate reason (eg, poor job performance, misconduct, breach of trust, reorganisation, etc). If the court finds that the alleged ground for nullity of the dismissal is substantiated, it will: • uphold the employee’s claim; • declare the dismissal null and void; • order the payment of outstanding wages and, potentially, compensation for moral damages; and • require the employer to reinstate the employee. Wrongful Dismissal for Reasons Other Than Those Stipulated by Law If the court finds that the dismissal is wrongful for rea - sons not related to the specific grounds of nullity set by law (eg, in cases of abusive termination due to failure to exhaust milder measures before termination), then, rather than applying any other consequence, the court may, upon request by either the employer or the employee, award the employee an additional sever - ance pay. This additional amount may not be less than three months’ regular salary nor may it exceed twice the amount of statutory severance pay. 8.2 Anti-Discrimination Under the applicable legal framework, any direct or indirect discrimination in the workplace on the grounds of race, colour, national or ethnic origin, ancestry, religious or other beliefs, disability or chronic illness, age, family or social status, sexual orientation, gender identity or gender characteristics is strictly prohibited. Any person who suffers discrimination may file a com - plaint through the company’s internal policy against violence and harassment (applicable to companies with more than 20 employees), or directly to the Labour Inspectorate or the ombudsman. Alternatively, they may file a lawsuit before the competent court. Dismissal due to discrimination for one of the afore - mentioned reasons is null and void. The dismissed employee may choose to either: • request reinstatement to their position and claim back-pay (wages) from the time of dismissal until the court’s decision; or
• seek additional severance compensation, along with legal interest, moral damages and reimburse - ment of legal expenses. 8.3 Digitalisation There has been no progress in the digitalisation of employment disputes before the court or Labour Inspectorate, as hearings remain in person and require legal representation. However, the introduction of the digital work card, which records employees’ start and end times in real- time to the Ministry of Labour’s database, marks a major step in Greece’s labour market digitalisation. Aimed at combating undeclared work, it is gradually expanding across all sectors. The digital work card also enhances evidence in labour disputes. Employers must retain records for at least ten years, while employees can access their own data. Claims on working hours are subject to a five-year limitation, making these records key proof in such disputes. Greek courts handle employment-related disputes and issues. In courts, parties must be represented by lawyers. Furthermore, the Labour Inspectorate is an adminis - trative body responsible for monitoring compliance with labour laws, investigating complaints and impos - ing sanctions for violations. For collective labour disputes, the Organisation for Mediation and Arbitration (OMED) provides mediation and arbitration services to resolve conflicts between employers and employees or trade unions. 9.2 Alternative Dispute Resolution Individual Labour Disputes These refer to disputes between an individual employ - ee and their employer. Arbitration is generally not com - mon or preferred for resolving individual employment disputes in Greece. Mediation may apply to employ - 9. Dispute Resolution 9.1 Litigation
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