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Find a Lawyer in Nea SmyrniAbout Hiring & Firing Law in Nea Smyrni, Greece
Hiring and firing in Nea Smyrni, Greece, is governed primarily by national Greek labour and social security law, as applied through regional institutions based in the Athens area. Whether you are an employer based in Nea Smyrni or an employee working there, the legal framework covers contract formation, employee rights during employment, rules on termination, and remedies when disputes arise. Local procedures and courts that serve Nea Smyrni residents include labour inspection services and the Labour Court of Athens. Local employers must also satisfy national obligations such as social security contributions, tax withholding and compliance with collective agreements that may apply to specific sectors.
Why You May Need a Lawyer
Labour disputes can be technically complex and time-sensitive. A lawyer experienced in Greek employment law can help in many common situations - reviewing or drafting employment contracts to make sure terms are lawful and clear; advising on probationary periods, working time, overtime and pay; assessing whether a dismissal is lawful or amounts to unfair or discriminatory termination; negotiating severance or settlement agreements; representing you in conciliation procedures, before the Labour Inspectorate or in court; and handling urgent interim relief if wages or social contributions are withheld. Employers may need counsel to ensure dismissals follow mandatory procedure, to manage collective redundancies or restructuring, and to draft compliant internal policies.
Local Laws Overview
Employment regulation in Nea Smyrni follows national Greek law and relevant European Union labour rules. Key legal themes include contract types - indefinite-term (open-ended), fixed-term, part-time and temporary-agency contracts - each with specific formal requirements and protections.
Notice periods and termination rules vary with contract type and the duration of service. Termination must not violate protections for specified categories - for example pregnancy, recent maternity leave, union activity, or statutory leave entitlements. Dismissals for discriminatory or retaliatory reasons are prohibited.
Severance pay and termination compensation are calculated under statutory rules and may be modified by collective bargaining agreements or custom in certain sectors. Employers must also meet wage payment obligations, overtime rules, holiday pay and social-security contributions to EFKA.
Collective redundancies and restructurings require employer notification and consultation with employee representatives and often with labour authorities. Labour inspection by SEPE (the Greek Labour Inspectorate) enforces compliance and can issue findings that support legal claims.
Dispute resolution commonly begins with conciliation or inspection procedures and can proceed to the Labour Court. Time limits for bringing claims are strict - prompt action is crucial. Administrative and criminal sanctions may apply for serious breaches - for example persistent non-payment of wages or social-security fraud.
Frequently Asked Questions
How is an employment contract formed and what should it include?
An employment relationship can start with a verbal agreement, but written contracts are strongly recommended and in many cases required to document essential terms. A proper written contract should set out the parties, job duties, place of work, start date, type of contract (open-ended, fixed-term, part-time, agency), working hours, salary and salary components, probation terms if any, notice periods, and reference to any applicable collective agreement. Keeping a clear written record makes later disputes easier to resolve.
Can an employer put me on a probationary period?
Probationary periods are commonly used and allowed when agreed in advance, but they must be reasonable and explicitly stated in the contract. During probation the employer evaluates suitability, but basic employment rights continue to apply. Abusive or excessively long probation clauses may be challengeable. If there is uncertainty, have the probation clause reviewed to confirm it complies with law and practice.
What notice am I entitled to - and what about severance pay?
Notice periods and severance entitlements depend on the type of contract and the employee's length of service. Law and collective agreements set minimum notice obligations for employers and employees. Severance pay when an employer terminates employment for reasons covered by statutory rules is generally calculated with reference to years of service and salary. Because details vary, you should check your contract and any sectoral collective agreement and consult a lawyer or labour inspectorate for precise calculation.
Can my employer dismiss me without giving a reason?
An employer may dismiss an employee for lawful business reasons, but many dismissals must be supported by objective reasons and follow procedural rules. A dismissal that targets protected characteristics - such as pregnancy, union activity, or whistleblowing - is unlawful. Even when no specific protected ground exists, a sudden dismissal without following required procedure or without valid reasons may be contested as unfair or null.
What counts as unfair or unlawful dismissal?
Unfair or unlawful dismissal generally includes terminations that are discriminatory, retaliatory, in breach of public policy protections, or carried out without respecting mandatory procedural safeguards. Examples include dismissal for pregnancy or family leave, dismissal for exercising statutory rights, or termination without required notice or consultation in collective redundancy situations. If a dismissal is unlawful, remedies can include reinstatement, compensation or damages.
How do I challenge a dismissal or unpaid wages?
Start by collecting all employment records - contract, payslips, emails, termination letter, and any relevant correspondence. Ask your employer in writing for a clear explanation and for final pay details. You can file a complaint with the Greek Labour Inspectorate (SEPE) to request an inspection and administrative action. For legal remedies you may need to bring a claim before the Labour Court. Because procedural deadlines can be short, seek legal advice promptly.
What protections exist for pregnant workers and new parents?
Greek law protects pregnancy and maternity - pregnant employees have specific leave and health-protection rights and enjoy protection against dismissal during pregnancy and for a period after childbirth. Parental leave and flexible working arrangements can also be available under national rules. Employers must respect these protections and may have additional obligations under collective agreements.
How are part-time, fixed-term and temporary agency workers treated?
These categories have statutory protections to prevent abuse. Fixed-term contracts that are repeatedly renewed without objective reason may be reclassified as open-ended. Part-time workers are generally entitled to proportional pay and benefits compared to full-time colleagues. Temporary agency workers are entitled to equal treatment in many respects. Check specific conditions in your contract and applicable collective agreements.
What should I do if my employer fails to pay wages or withhold social contributions?
Non-payment of wages or failure to remit social-security contributions are serious breaches. Preserve pay records and payslips, raise the issue in writing with the employer, and report the problem to the Labour Inspectorate (SEPE) and the social-security authority (EFKA). You may be able to secure interim relief through court procedures and claim owed wages, contributions and interest. Persistent or fraudulent conduct can also trigger criminal investigations.
Do I need a lawyer and how can I find one locally in Nea Smyrni?
A lawyer is not always mandatory but is strongly recommended when disputes involve dismissal, complex compensation calculations, collective redundancies or urgent enforcement measures. Look for lawyers experienced in Greek employment law and litigation. Local options include employment law firms operating in the Athens area and lawyers registered with the Bar Association of Athens. Initial consultations can help you understand options and deadlines.
Additional Resources
Relevant authorities and organizations that can help people in Nea Smyrni include national agencies and local services that operate regionally from Athens. The Greek Labour Inspectorate (SEPE) enforces labour law and investigates complaints. EFKA is the national social-security authority responsible for contributions and benefits. OAED is the Greek public employment service that handles unemployment benefits and job placement. The Labour Court of Athens handles employment disputes for the Athens region.
For legal representation and professional guidance, the Bar Association of Athens can help you locate registered lawyers. Trade unions and sectoral employer associations can provide guidance on collective agreements and negotiate on behalf of employees or employers. The Municipality of Nea Smyrni and local Citizens Service Centers provide information and can point residents to local services and support programs.
Because rules change and procedures can be technical, relying on official government guidance and specialists in employment law is advisable when dealing with a dispute or a significant contractual matter.
Next Steps
1. Review your contract and collect documents - keep copies of your contract, payslips, timesheets, correspondence and any termination notice.
2. Request written clarification - if you were dismissed or face unclear terms, ask the employer for written reasons and a breakdown of final pay and contributions.
3. Act quickly - labour claims often have strict time limits. Contact a lawyer or an advisory service promptly to avoid losing rights.
4. Contact enforcement and advisory bodies - consider contacting the Labour Inspectorate (SEPE) to report breaches and the social-security authority (EFKA) for contribution issues. Local trade unions can provide sector-specific support.
5. Seek legal advice - an employment law specialist can evaluate your case, outline likely remedies, negotiate settlements and represent you in conciliation or court if needed.
6. Consider alternatives to litigation - where appropriate, mediation or negotiated settlement may preserve relationships and provide a faster resolution.
Important note - this guide provides general information only and does not replace tailored legal advice. For definitive guidance about your specific situation in Nea Smyrni, consult a qualified Greek employment lawyer.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.