1. What are the legal requirements for an employment contract in Greece?

Under Greek law, an employment contract is a binding agreement between an employer and an employee. The legal requirements for an employment contract in Greece are as follows:

1. Agreement of the parties: An employment contract must be entered into voluntarily by both the employer and the employee.

2. Written form: According to Greek law, all employment contracts must be in writing and signed by both parties. Electronic signatures are also acceptable.

3. Terms and conditions of employment: The employment contract must clearly specify the terms and conditions of the job, including the nature of work, place of work, working hours, duration of the contract, salary/wages, benefits, vacation days, notice periods, etc.

4. Duration of the contract: An employment contract can be either for a fixed-term or indefinite period. The duration of a fixed-term contract cannot exceed three years but can be renewed up to four times within a period of six years.

5. Minimum wage: All employees in Greece are entitled to receive at least the national minimum wage set by law which is currently 758 euros per month (as of January 2021).

6. Working hours: In Greece, the maximum working hours are set at 40 hours per week with one day off. However, certain industries may have different working hour regulations.

7. Holidays and leaves: According to Greek law, employees are entitled to at least 20 days off per year for paid vacation leave and additional time off for public holidays.

8. Notice period: Both parties are required to give advance notice before terminating an employment contract. The notice period depends on the length of service but generally ranges from one week to two months.

9. Probationary period: A probationary period may be included in an employment contract but it must not exceed six months.

10. Non-discrimination: Employment contracts must comply with laws prohibiting discrimination based on race, gender, religion or belief, age or any other protected characteristic.

11. Health and safety: Employers are responsible for providing a safe and healthy work environment for their employees, as outlined by Greek health and safety regulations.

12. Tax and social security contributions: The employer is responsible for withholding tax and social security contributions from the employee’s salary.

13. Collective bargaining agreements: If the industry or sector has a collective bargaining agreement, its terms must be incorporated into the employment contract where applicable.

14. Termination of contract: An employment contract can be terminated by mutual agreement, dismissal with just cause, redundancy, or at the end of the fixed-term contract. Certain legal procedures must be followed when terminating the contract.

It is recommended that both parties seek legal advice when drafting an employment contract in Greece to ensure all legal requirements are met.

2. Is it mandatory for an employment contract to be in writing in Greece?

Yes, it is mandatory for an employment contract to be in writing in Greece. According to Greek labor law, all employment contracts must be documented in writing and include certain essential provisions such as the identity of the employer and employee, job duties and responsibilities, hours of work, compensation, and duration of the contract. The written contract must be signed by both parties and a copy must be given to the employee. Failure to provide a written employment contract can result in legal penalties for the employer.

3. Can an employer modify the terms of an employment contract without the employee’s consent in Greece?

No, an employer cannot unilaterally modify the terms of an employment contract without the employee’s consent in Greece. Any changes to the contract must be agreed upon by both parties and put in writing. This is stated in Article 17 of Law 3198/1955, which regulates individual employment contracts in Greece. Additionally, any changes made to a contract without the employee’s consent may be considered a breach of contract and can result in legal action.

4. Are there any specific laws or regulations governing part-time contracts in Greece?

There are several laws and regulations that govern part-time contracts in Greece, including:

– The Labor Code (Law 2112/1920), which sets out the general rules and provisions for employment contracts in Greece.
– Law 4093/2012, which regulates part-time employment contracts and stipulates the rights and obligations of both employers and employees.
– Collective Bargaining Agreements (CBAs), which may include specific provisions regarding part-time work.
– EU directives on part-time work, which have been transposed into Greek law.

Employers are required to comply with these laws and regulations when hiring employees on a part-time basis.

5. What are the maximum working hours allowed under a standard employment contract in Greece?

According to Greek labor law, the maximum working hours allowed under a standard employment contract is 8 hours per day and 40 hours per week. This means that an employee cannot work more than 8 hours in a single day or more than 40 hours in a single week. However, there are certain exceptions for specific industries where employees may be required to work more than 40 hours per week, but they are entitled to additional payment for overtime work.

6. In case of termination, what severance pay is owed to an employee under a fixed-term contract in Greece?

According to Greek labor law, employees under fixed-term contracts are entitled to receive severance pay in case of termination. The amount of severance pay depends on the length of the employment contract and can be calculated as follows:

1. For contracts up to two years: one monthly salary for each year of service.
2. For contracts from two years to five years: one and a half monthly salary for each year of service.
3. For contracts over five years: two monthly salaries for each year of service.

For example, if an employee with a fixed-term contract has been working for three years and their monthly salary is 1,500 euros, they would be entitled to receive a severance pay of 4,500 euros (1,500 x 1.5 x 3 = 4,500).

It’s important to note that if the employer terminates the contract without cause, the employee is entitled to an additional compensation equal to their full monthly salary for each year of service.

In cases where the employee terminates the contract without cause or due to justified reasons related to the employer’s actions (such as non-payment of wages or physical violence), they are entitled to receive half of the above-mentioned amount.

Severance pay must be paid within eight days from the termination date. If the employer fails to do so, they may be subject to legal action by the employee. It’s also worth noting that employees who have been continuously employed with an employer for more than 12 months before being dismissed may also be eligible for unemployment benefits through Greece’s social security system.

Overall, it’s important for both employers and employees to be aware of these regulations regarding severance pay under fixed-term contracts in Greece in order to ensure fair and legal termination procedures are followed.

7. Are employees entitled to annual leave and sick leave under their employment contracts in Greece?

Yes, employees in Greece are entitled to both annual leave and sick leave as stated in their employment contracts.

According to Greek labor law, all full-time employees are entitled to at least 20 days of paid annual leave per year. This increases to 25 days after five years of continuous service with the same employer. Part-time employees are entitled to a proportional amount of annual leave based on their working hours.

Sick leave entitlements vary depending on the length of service with the employer. For the first two years of service, an employee is entitled to up to 6 months of sick leave with full pay and up to 6 months with half pay. After two years of service, an employee is entitled to up to two additional months of sick leave with full pay and two additional months with half pay for each year of service, up to a maximum of one year.

Sick leave can only be granted for serious illness or injury and must be certified by a doctor. Employees may need to provide medical documentation or undergo a medical examination by the employer’s designated doctor in order to receive sick pay.

In addition, employees may also be entitled to special types of leave such as maternity/paternity leave, parental leave, marriage/civil partnership leave, and bereavement/compassionate leave under their employment contracts. These entitlements may vary depending on individual contracts and collective bargaining agreements.

8. Can employers include non-compete clauses in employment contracts and are they enforceable in Greece?

Yes, employers can include non-compete clauses in employment contracts in Greece. However, the enforceability of these clauses depends on certain criteria, such as their duration and geographical scope.

According to Greek law, a non-compete clause must be reasonable and necessary to protect the legitimate interests of the employer. This means that it should not impose an unreasonable restriction on the employee’s ability to find alternative employment or work in their field of expertise.

The duration of the non-compete clause should also be limited, typically ranging from 1-2 years after the termination of employment. Additionally, the geographical scope should not be overly broad and should only restrict the employee from working for competitors in a specific location or region where the employer operates.

If these criteria are met, then a non-compete clause is likely to be enforceable in Greece. However, if it is deemed unreasonable or goes beyond what is necessary to protect the employer’s interests, it may not be enforced by the courts.

It is important for employers to carefully consider and draft non-compete clauses in accordance with Greek law. Employees who feel that a non-compete clause is unfair or unreasonable can challenge it in court and have it declared null and void.

9. Is it legal for employers to ask employees to work on public holidays without extra pay under their contracts in Greece?

No, it is not legal for employers to ask employees to work on public holidays without extra pay under their contracts in Greece. According to Greek labor law, employees are entitled to receive double their regular salary for working on a public holiday, and this cannot be waived or reduced by the terms of their contract. Therefore, employers must provide additional compensation for any work performed on a public holiday.

10. What is the minimum wage requirement stated by law for an employment contract in Greece?

The minimum wage requirement stated by law for an employment contract in Greece is 758 euros per month.

11. Does a probation period need to be specified in an employment contract in Greece, and if so, what is its duration limit?

Yes, a probation period must be specified in an employment contract in Greece. Its duration limit is a maximum of 6 months for regular employees and up to 12 months for executives or employees with specific or high-level responsibilities. The exact duration of the probationary period must be determined by the employer and agreed upon by both parties.

12. Can employers terminate employees without cause under the terms of an indefinite contract in Greece?

No, employers are not allowed to terminate an employee without cause under an indefinite contract in Greece. The law requires that there must be a valid reason for the termination, such as poor performance or misconduct, and the employer must follow a specific procedure before terminating the employee. If an employer terminates an employee without valid cause, the employee may have grounds for legal action against the employer.

13. Is there a mandatory notice period that employers must give before terminating an employee’s contract in Greece?

Yes, under Greek labor law, employers are required to give notice before terminating an employee’s contract. The length of the notice period depends on the type of employment contract and the length of service of the employee.

For employees with indefinite-term contracts, the notice period must be at least:

– Two months for employees with less than two years of service;
– Four months for employees with two to five years of service; and
– Six months for employees with more than five years of service.

For fixed-term contracts, the notice period must be at least one month for contracts up to 12 months in duration, and two months for contracts longer than 12 months.

However, collective bargaining agreements or individual employment contracts may specify a longer notice period. In addition, certain employees may be entitled to longer statutory notice periods based on their occupation or industry.

It is important to note that employers in Greece can also terminate an employee’s contract without notice in cases of serious misconduct or breach of contract by the employee.

14. Are there any limitations on trial periods that can be included in employment contracts under the law of Greece?

According to the Greek Labor Code, an employment contract may include a trial period of up to three months for employees who are permanent residents in Greece. This period can be agreed between the employer and employee, but cannot exceed three months.
During this trial period, both the employer and employee have the right to terminate the contract without notice or compensation.
The purpose of a trial period is to allow both parties to assess whether the employee is suitable for the job and whether they want to continue working together after the trial period ends.
It is important to note that any agreement for a trial period longer than three months will be considered null and void under Greek labor law.

15. How do collective bargaining agreements impact individual employment contracts within a company operating in Greece?

Collective bargaining agreements (CBAs) can have a significant impact on individual employment contracts within a company operating in Greece. CBAs are negotiated between employers and trade unions, and cover working conditions such as wages, benefits, and hours of work for all employees within a particular industry or company. Here are some ways that CBAs can affect individual employment contracts:

1. Scope of application: CBAs typically cover all employees in the industry or company, including those who are not members of the trade union. This means that even individuals who do not belong to a union may still be bound by the terms of the CBA.

2. Minimum requirements: Collective agreements often establish minimum standards for wages, benefits, and other working conditions that cannot be lower than what is provided for in the agreement. This means that individual employment contracts cannot offer less favorable terms than those set out in the CBA.

3. Incorporation by reference: Many individual employment contracts explicitly incorporate the provisions of applicable collective agreements into their terms. This means that any changes made to the CBA will automatically apply to the individual contract without requiring further negotiation.

4. Variation of terms: While CBAs set minimum standards, they can also include provisions allowing for individual employees to negotiate different terms with their employer based on their own circumstances. For example, an employee may negotiate a higher salary than what is provided in the CBA.

5. Conflict between individual contract and CBA: In case of conflicting provisions between an individual employment contract and CBA, Greece’s labor laws generally favor the more favorable terms for the employee. However, if there is no such preference stated in either document or they are both equally favorable or unfavorable to each other, then precedence may be given to whichever document was signed first.

6. Termination rights: CBAs may also include provisions related to termination of employment, such as notice periods and severance pay requirements. Individual contracts must comply with these provisions, unless otherwise specified in the contract.

In conclusion, collective bargaining agreements can significantly impact individual employment contracts by setting minimum standards and establishing terms that must be followed. However, they may also allow for individual employees to negotiate different terms based on their own circumstances. It is important for employers and employees to understand the implications of CBAs on their individual contracts and ensure compliance with all applicable laws and regulations.

16. Can employers transfer employees from one location to another within the country without amending their existing contracts?

It depends on the terms of the existing contract and applicable labor laws. Some contracts may include a flexibility clause that allows for transfer within the same company, while others may require an amendment to be made before any transfers can occur. Additionally, labor laws may have specific regulations regarding employee transfers, such as requiring notice or consent from the employee. It is important for employers to review their employment contracts and consult with legal counsel before making any transfers.

17.Are there any restrictions on employing foreign nationals under regular or temporary contracts inGreece?

There are certain restrictions and regulations for employing foreign nationals in Greece.

1. Visa and Work Permit: Foreign nationals who wish to work in Greece must have a valid visa and residence permit that allows them to work in the country.

2. Quotas: There are quotas in place for certain professions, which limit the number of foreign workers that can be employed in these fields.

3. Licensing and Qualifications: Certain professions in Greece require specific qualifications or licenses which may not be easily transferrable from other countries.

4. Labor Market Needs Test: Employers must demonstrate that there are no qualified Greek citizens or EU citizens available before hiring a non-EU worker.

5. Employment Contract: Foreign workers must have a written employment contract with their employer, outlining their rights and responsibilities.

6. Wage Requirements: Foreign workers must be paid at least the minimum wage set by Greek law or any applicable collective bargaining agreement.

7. Social Security Contributions: Employers are required to make social security contributions on behalf of their foreign employees.

8. Language Requirements: Depending on the profession, there may be language requirements for non-EU workers, particularly if their job involves direct contact with customers or patients.

9. Banned Professions: Non-EU citizens are not allowed to work as doctors, dentists, lawyers, pharmacists, or nurses in Greece unless they meet specific qualification requirements.

It is recommended that employers consult with the Ministry of Labor, Social Insurance and Social Solidarity for further information and guidance on employing foreign nationals in Greece.

18.What discrimination policies should be included and enforced within all employment contracts according toGreece’s laws?

In Greece, all employment contracts should include and enforce the following discrimination policies:

1. Non-Discrimination: It is illegal to discriminate against employees on the basis of race, ethnicity, national origin, gender, sexual orientation, religion, age, disability or any other characteristic protected by law.

2. Equal Opportunity: Employers must provide equal opportunities for all employees in terms of recruitment, compensation, benefits, training and promotion regardless of their gender or any other protected characteristic.

3. Harassment Prevention: All employees have the right to work in an environment free from harassment and bullying. Employers have a duty to prevent and address any form of harassment in the workplace.

4. Accommodation for Disability: Employers must make reasonable accommodations for employees with disabilities to ensure they have equal access to job opportunities and can perform their duties effectively.

5. Parental Leave: Both men and women are entitled to parental leave after the birth or adoption of a child. This policy aims to prevent discrimination against working parents and promote work-life balance.

6. Maternity Protection: Pregnant employees are entitled to maternity leave with full pay for a specified period before and after childbirth. This policy protects women from discrimination in the workplace due to pregnancy.

7. Anti-Retaliation: No employee should be discriminated against or punished for reporting discrimination or participating in an investigation relating to discrimination complaints.

8. Language Sensitivity: Employers cannot require that employees speak only Greek at work unless it is necessary for job-related reasons.

9. Age Discrimination: Discrimination based on age is prohibited in employment decisions such as hiring, promotions, layoffs or terminations.

10. Diversity and Inclusion: Employers should promote diversity and inclusion in the workplace through policies that ensure fair treatment of all employees regardless of their background or characteristics.

It is important for employers in Greece to not only include these discrimination policies in employment contracts but also actively enforce them through regular training, monitoring and addressing any complaints of discrimination. Failure to comply with these policies can result in legal consequences for the employer.

19.Can an employee be subject to disciplinary action or termination for breaches of their employment contract in Greece?

Yes, an employee can be subject to disciplinary action or termination for breaches of their employment contract in Greece, subject to compliance with the relevant employment laws and collective bargaining agreements.

The most common types of disciplinary action that can be taken against an employee in Greece include verbal or written warnings, suspension without pay, demotion, and ultimately termination of employment.

Before taking any disciplinary action, an employer must follow a fair process and provide the employee with the opportunity to explain their actions. Depending on the severity of the breach, the employer may also need to provide written notice and allow for a period of time for improvement before resorting to termination.

In addition, if there is a collective bargaining agreement in place, it may outline specific procedures that must be followed for disciplinary actions and terminations. Employers should also be aware of any legal protections for certain categories of employees, such as pregnant women or members of trade unions.

If an employee feels that they have been unjustly disciplined or terminated, they may have the right to challenge the decision through the Greek labor courts.

20. What legal protections are available to employees who report violations of their contracts or labor laws by their employer in Greece?

Employees in Greece are protected by labor laws and their employment contract when reporting violations by their employer. The following legal protections are available:

1. Protection against retaliation: Employees who report violations are protected from retaliation or adverse action by their employer. This includes termination, demotion, or any other negative consequences.

2. Whistleblower protection: The Greek government has implemented laws to protect whistleblowers who report illegal activities of their employers. Employers cannot take any retaliatory action against employees for reporting such activities.

3. Right to refuse to perform illegal acts: Employees have the right to refuse to perform any work that is illegal under Greek law without fear of retaliation from their employer.

4. Right to privacy: Employees have a right to privacy regarding their personal information that they disclose during the reporting process.

5. Legal remedies: If an employee suffers retaliation for reporting a violation, they have the right to seek legal remedies through the courts. Remedies may include reinstatement, back pay, and compensation for damages.

6. Collective bargaining rights: Employees who are members of a union have the right to collective bargaining and can seek support from their union in case of any violations by their employer.

7. Government agencies: In Greece, there are various government agencies responsible for enforcing labor laws and protecting employee rights. These agencies can intervene on behalf of employees who report violations by their employers.

8. Ombudsman office: The Ombudsman office is an independent body that investigates complaints from individuals regarding matters concerning public administration and fundamental human rights, including workplace harassment and discrimination.

9.Protection under the General Data Protection Regulation (GDPR): Under GDPR, employees have the right to file a complaint with the Hellenic Data Protection Authority if they believe that their personal data has been unlawfully processed by their employer during the reporting process.

In summary, employees in Greece are protected by various laws and regulations when reporting violations of their contracts or labor laws by their employer. If an employee believes they have experienced retaliation for reporting such violations, they have the right to seek legal remedies and support from government agencies and other organizations.