Voies de recours et procédure contentieuse en cas de litiges individuels - Grèce - 2019
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- Act No. 3863/2010 on Social Security, July 2010 (Bulletin of Government Gazette Α 115/15.07.2010), as last amended by Act 4488/2017 from 13 September 2017.
Date: 13 Sep 2017; voir le site internet »
- Greek Civil Code [CC], Presidential Decree 456/1984 (art. 648 - 680 on contracts of employment) [in Greek only]
Date: 1984; voir le site internet »
- Act No. 2112/1920 of March 1920 "On the mandatory notification of termination of private sector employment contracts", as amended by Act No. 4487 of 2017 [in Greek only]
Date: 29 Aug 2017; voir le site internet »
- Royal Decree 16-18 July 1920 "On the extension of the application of Act 2112 to workers, technicians and servants, as amended in 1994 [in Greek only]
Date: 1994; voir le site internet »
- Act No. 3198/1955 of February 1995 amending and supplementing the termination of employment provisions, as last amended by Act 4254 of 2014 [in Greek only]
Date: 2014; voir le site internet »
- Presidential Decree 81/2003 - Provisions on employees working on the basis of a fixed-term contract as last amended by Presidential Decree 180/2004 [in Greek only]
Date: 02 Apr 2003; voir le site internet »
- Act No. 1387/1983 on collective dismissals, as last amended by Act 4472/2017
Date: 19 May 2017; voir le site internet »
- Law No. 3986/2011 on Urgent Measures for the Implementation of the Medium Term Financial Framework 2012-2015 - [Special Solidarity Contribution to Natural Persons - Trade Fee]
Date: 2011; voir le site internet »
- Presidential Decree (PD) No. 180/2004 relating to 'regulations for fixed-term contract workers in the private sector' (amending PD No. 81/2003)
Date: 2004; voir le site internet »
Compensation pour licenciement injustifié - montant librement déterminé par la cour: Non
Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie):
- If the dismissal constitutes an abuse of right: it will be declared null and void and the worker will be reinstated and receive back pay for the period between the dismissal and the court's decision. The worker can apply for the payment of severance pay in lieu of reinstatement.
- If the procedural requirements applicable to the dismissal of a worker under an contract of an indefinite duration are not observed (= severance pay, written notification), the dismissal is also considered null and void and the worker will be entitled to reinstatement + back pay. The employee can also claim the payment of severance pay in lieu of reinstatement.
- If the employee dismisses an employee in violation of the provision on special protection (i.e pregnant women, workers on annual leave, trade union officials), the dismissal will also be nullified by the Court.
- In the event of termination of a fixed-term contract without a serious reason, the employee will be entitled to compensation for the remaining period of the contract.
- - Abusive dismissals: see art. 281 CC, which is the general provision prohibiting the abusive exercise of a legal right. This area has been developed by case law.
- On non-compliance with the procedural requirements, see art. 5(3) of Act 3198/1955.
- Termination of a fixed-term contract without a good reasons is regulated by art. 673 CC.
- See also the remark below "workers enjoying special protection" under "Substantive requirements for dismissals".
Possibilité de réintégration dans l'emploi: Oui
- As indicated above, reinstatement is the primary remedy for unfair dismissal.
Conciliation préalable obligatoire: Non
- No preliminary mandatory conciliation.
"Articles 208 to 214 in Chapter One of the Code of Civil Procedure deal with the attempt at conciliation which may precede the filing of a lawsuit, although the mechanism is rarely used.
According to the Code of Civil Procedure, in the case of individual labour disputes arbitration is forbidden. However, before the parties concerned bring the case before the courts, there is an opportunity for the Labour Inspectorate to intervene in an attempt to reconcile the worker and employer. The Labour Inspectorate may intervene in individual labour disputes following a written application/complaint made by the applicant to the Labour Inspectorate, which then convokes a tripartite meeting (Labour Inspectorate, employee and employer), during which the subject of the dispute is discussed, along with means of resolving it."
See: Sofia Lampousaki, "Greece: Individual disputes at the workplace - alternative disputes resolution", Feb. 2010, available at the following:
Courts ou tribunaux compétents: juridiction ordinaire
- Complaints regarding the nullity of the dismissal shall be brought to the ordinary court within 3 months form the date to the dismissal (art. 6(1) of Act No. 3198/1955).Claimants must be heard within at most 60 days and cases must be settled by the courts after a maximum of 90 days after their submission to court, art. 621(3) Civil Procedure Code.
Alternatively, if the employee decides to lodge a complaint to obtain severance pay, he/she shall do so within 6 months of the dismissal (art. 6(1) of Act No. 3198/1955).
Règlement des litiges individuels par arbitrage: Non