Best Hiring & Firing Lawyers in Rhodes

About Hiring & Firing Law in Rhodes, Greece

Understanding Hiring and Firing law is crucial for both employers and employees in Rhodes, Greece. Greek labor law provides a structured framework designed to balance the interests of businesses and workers. Hiring processes must comply with anti-discrimination rules, contract formalities, and notification requirements. Likewise, employment termination is subject to strict procedures, severance obligations, and protections for vulnerable categories of employees. Both employers and employees need to be aware of their rights and obligations to avoid disputes, penalties, or legal action.

Why You May Need a Lawyer

Legal matters involving hiring and firing are often more complex than they appear. You may need a lawyer if you are:

• Starting or running a business and need guidance on compliant hiring procedures
• Faced with a potential dismissal that you believe may be unlawful
• Considering terminating an employee and want to ensure the process follows all legal requirements
• Dealing with a claim of wrongful termination or discrimination
• Negotiating severance terms or reviewing an employment contract
• Responding to an inspection from labor authorities or contesting a fine

Local Laws Overview

Greek labor law, including in Rhodes, is shaped by national legislation, European Union directives, collective agreements, and local customs. Some of the key legal aspects include:

• Written Contracts: Most employment relationships require a written contract detailing job functions, salary, working hours, and duration.
• Anti-Discrimination: It is illegal to discriminate during hiring or firing on grounds such as gender, religion, disability, nationality, or age.
• Probation Periods: These may be included in contracts, but the duration cannot exceed 12 months for indefinite agreements.
• Notice Requirements: Employers must give written notice of termination in most cases and respect statutory notice periods based on length of service.
• Severance Pay: Employees dismissed without fault are entitled to severance depending on years of continuous employment.
• Collective Redundancies: Special procedures apply if multiple employees are dismissed for economic reasons.
• Immediate Dismissal: For serious misconduct, immediate dismissal may be justified, but proof is necessary.
• Protections for Special Groups: Certain categories, such as pregnant women, employees on military service, or trade union representatives, have additional protections.
• Labor Inspections: Local labor inspectorates often monitor compliance and can initiate investigations following a complaint.

Frequently Asked Questions

What should be included in a Greek employment contract?

An employment contract in Greece should specify job duties, salary, working hours, contract duration, probation period (if any), employer and employee details, and applicable collective agreements.

Can I be dismissed without notice in Rhodes?

Dismissal without notice is only allowed in cases of serious misconduct. For most dismissals, written notice and severance pay are required. Legal advice is recommended if you are dismissed suddenly.

What are the anti-discrimination laws during hiring?

Employers must not discriminate based on gender, religion, nationality, disability, sexual orientation, or age during the hiring process. Violating these rules can result in legal penalties.

How much severance pay am I entitled to if I am dismissed?

Severance pay depends on your length of continuous employment and the type of contract. For example, an employee with over 12 months of continuous service is generally entitled to compensation, the amount of which increases with length of service.

What is the procedure for collective redundancy?

If an employer plans to dismiss multiple employees due to economic reasons, specific notification and consultation procedures with authorities and employee representatives must be followed. Affected employees have enhanced protections and rights.

Can my employer change my job description or working hours?

Material unilateral changes without employee consent are generally not allowed. Changes significant enough to affect the essential terms of the contract may be considered grounds for constructive dismissal.

Are fixed-term contracts treated differently from indefinite contracts?

Yes. Fixed-term contracts terminate at the agreed end date without severance, unless terminated early without valid reason, in which case compensation may be due.

How do I file a complaint if I believe I was unlawfully dismissed?

You can file a complaint with the Greek Labor Inspectorate (SEPE) and, if necessary, bring an action before the local courts. Legal representation is advisable to ensure your claim is presented effectively.

Is there protection for employees on sick leave or maternity leave?

Yes. Employees on sick leave or maternity leave generally cannot be dismissed, except under specific legal circumstances. Additional protections exist for these categories.

What role does the labor inspectorate play in Rhodes?

The labor inspectorate enforces labor law locally, investigates complaints, conducts inspections, and mediates disputes. It is a valuable resource for both employers and employees seeking information or redress.

Additional Resources

You can find support and information from several entities:

• Greek Labor Inspectorate (SEPE): Oversees employment relations and handles employee complaints.
• Rhodes Bar Association: Provides details about lawyers specializing in labor and employment law in the region.
• Local Chamber of Commerce: Offers resources for employers about local employment practices.
• Workers' Unions and Associations: Can provide guidance and support to employees facing labor disputes.
• Ministry of Labor and Social Affairs: Publishes regulations and guidelines affecting hiring and firing.

Next Steps

If you need legal assistance regarding hiring or firing in Rhodes, consider the following actions:

• Collect all relevant employment documents, contracts, notices, and correspondence
• Write down a timeline of events and gather any evidence relating to your case
• Contact a qualified local lawyer who specializes in labor law to assess your situation
• Ask about the costs and procedures involved in pursuing a claim or defending against one
• If you are an employer, review your internal HR policies to ensure compliance with Greek law
• Utilize available resources, such as the labor inspectorate or your union, for advice and mediation