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Grèce - Conditions de fond du licenciement


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Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).

    Employers can draft a social plan, but they are not obliged to do so (Law No. 1387/1983, art. 3(4)). However, during consultation, the parties should cover ways to avoid or reduce the need for dismissals and to mitigate their adverse effects (Law No. 1337/1983, art. 3(1); Law No. 1387/1983, art. 3(4)).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; identité de genre; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).

    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Under Law No. 1264/1982, certain union committee members are protected against dismissal, and the number of protected members depends on the size of the workplace. Protected individuals can only be dismissed for a narrow range of circumstances including disclosing confidential information or threatening / violent / abusive behaviour. As a general rule, dismissal based on trade union activities and membership is prohibited.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)

    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    * Anti-discrimination provisions:

    -The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).

    Employers can draft a social plan, but they are not obliged to do so (Law No. 1387/1983, art. 3(4)). However, during consultation, the parties should cover ways to avoid or reduce the need for dismissals and to mitigate their adverse effects (Law No. 1337/1983, art. 3(1); Law No. 1387/1983, art. 3(4)).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; identité de genre; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).

    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Under Law No. 1264/1982, certain union committee members are protected against dismissal, and the number of protected members depends on the size of the workplace. Protected individuals can only be dismissed for a narrow range of circumstances including disclosing confidential information or threatening / violent / abusive behaviour. As a general rule, dismissal based on trade union activities and membership is prohibited.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)

    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    * Anti-discrimination provisions:

    -The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).

    Employers can draft a social plan, but they are not obliged to do so (Law No. 1387/1983, art. 3(4)). However, during consultation, the parties should cover ways to avoid or reduce the need for dismissals and to mitigate their adverse effects (Law No. 1337/1983, art. 3(1); Law No. 1387/1983, art. 3(4)).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; identité de genre; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).

    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Under Law No. 1264/1982, certain union committee members are protected against dismissal, and the number of protected members depends on the size of the workplace. Protected individuals can only be dismissed for a narrow range of circumstances including disclosing confidential information or threatening / violent / abusive behaviour. As a general rule, dismissal based on trade union activities and membership is prohibited.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)

    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    * Anti-discrimination provisions:

    -The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984). Pregnant women and women on maternity leave are also excluded from the redundancy pool (Law 1483/1984, art. 15).

    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. Concerning workers' representatives, Law 4472/2017 introduces two additional reasons that allow the dismissal of this special category: (a) theft or embezzlement against the employer or its representative; and (b) unjustified absence of the employee which exceeds 3 days.

    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; couleur; sexe; orientation sexuelle ; religion ; origine sociale ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; identité de genre; origine ethnique
NOTE: This information has changed since the previous period covered.
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    * Anti-discrimination provisions:
    -The Act No. 4443/2016 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits in its Art. 1 any discrimination on the the grounds of racial or ethnic origin, color, religious or other beliefs, disability, age or sexual orientation, gender identity, sex and family or social status in the field of employment. This includes a prohibition on discriminatory dismissals based on any of these grounds, see Art. 3(1)(c) of the act.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Non
Remarks:
  • The law does not require the employer to provide reasons to the employees when dismissing them.
    However, in the event of collective dismissal, the reasons for it shall be given to the workers' representatives (art. 3, Act 1387/1983).


Motifs autorisés (licenciement justifié) : aucun
Remarks:
  • - Contracts of an indefinite duration: No grounds are required. They can be terminated by either party, at any time, with notice or without notice (Act 2112/1920 and 3198/1955). In addition, severance pay has to be paid by the employer, the amount of which varies depending on whether notice was given or not, is compulsory.
    Although no grounds are required, this does not result in a total freedom of the employer to dismiss an employee for any reason since the employer shall act within the limits set by the general prohibition of any abuse of rights (art. 281 CC). If a Court holds that a dismissal constitutes an abuse of right, it will nullify it. According to case law, a dismissal "which is not justified by the well-meant interests of the employer is void" (i.e reasons not attributable to the dismissed employee such as incompetence, or economic reasons) (See: Yannakourou S., 2005, "The evolution of Labour Law in Greece" in European Commission, 2005, The Evolution of Labour Law 1992-2003, Volume 2, Luxembourg, p. 24).
    In addition, the employer's freedom to dismiss employees is also limited by the existence of prohibited grounds and by the existence of a special protection against dismissal for certain categories of workers (see below).

    -Fixed-term contracts:
    FTC can be terminated by either party at any time, if there is a serious reason justifying such termination (art. 672 CC). In such cases, no compensation is payable.


Motifs prohibés: état matrimonial; grossesse ; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle ; religion ; âge ; affiliation et activités syndicales ; handicap; accomplissement du service militaire ou civil ; origine ethnique
Remarks:
  • * Specific prohibitions of dismissal:
    - The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    - Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials. As a general rule, dismissal based on trade union activities and membership is prohibited.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928)
    - The dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)
    - No employer can dismiss a woman on account of sex, marital status or because she filed a complaint or testified against the employer regarding the application of the Equal Treatment Act or any other Act. (see art. 9 of Act No. 3488/2006 "Application of equal treatment principle between women and men in accordance with the access to employment etc. )
    * Anti-discrimination provisions:
    -The Act No. 3304/2005 implementing the EU Directives 2000/43/EC and 2000/78/EC prohibits discrimination on the the grounds of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation in the field of employment.



Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs effectuant leur service militaire/service alternatif; vétérans de guerre
Remarks:
  • The following categories of workers enjoy special protection against dismissal:

    * The dismissal of a woman during her pregnancy and up to one year after giving birth is prohibited (Act No. 1302/1982). However, the dismissal can be valid if there is an important reason for it (i.e misconduct, severe negligence, poor performance...) (Art. 15 Act No 1483/1984).
    * Members of the trade union Board and the founding members of a trade union cannot be dismissed during the period of their office and one year thereafter (Act No. 1264/1982). However, dismissal is permitted if it is justified by a specific reason indicated in the Law and if it is approved by the Committee for the Protection of Trade Union officials.
    - Any dismissal which takes place while the employee is performing military duties is null and void (Act No. 3514/1928).
    In addition, dismissal is prohibited within one year after the employee returns to work. Such dismissal can however be valid if it is justified by a serious reason and approved by a special committee (art. 7 Emergency Law 244/1936).
    - War veterans and members of their family can only be dismissed in accordance with a judicial decision recognizing their incapacity to work.
    - Dismissal of a worker who is on annual leave is prohibited and will be considered null and void (Art. 5 and 6, Act 539/45)