Employee Remuneration in Greece | Ziamparas Law Firm

Q: What am I entitled to when my employer does not pay me?

An employee who does not receive their salary in good time may file a denunciation with the Labour Inspectorate and a criminal complaint for breach of labour legislation, exercise retention of work under Article 325 of the Civil Code (AK), or treat the delay as a unilateral detrimental alteration of their terms of employment and resign while claiming severance compensation. They also retain the right to pursue the outstanding earnings judicially, together with interest and surcharges.

Q: How do I judicially claim the amounts owed to me?

Judicial recovery is pursued by filing a lawsuit before the Single-Member Court of First Instance, under the special procedure for labour disputes. Alternatively, if the debt is evidenced by documents, a payment order may be issued, which constitutes an enforceable title. The employee is entitled to unpaid earnings, statutory interest, holiday bonuses, leave allowance and surcharges for over-work, overtime, night work, or work on Sundays and public holidays.

Q: What documents do I need to claim my salary?

Useful documents are the employment contract, hiring notifications in the ERGANI system, payslips, bank account statements, work schedules and attendance records, electronic communication with the employer, and certificates from EFKA. For overtime or work on public holidays, witnesses, electronic attendance systems and the digital work card are utilised.

Q: What is the role of the lawyer in such cases?

The lawyer assesses the earnings owed, calculating salaries, holiday bonuses, allowances, overtime, Sunday and public holiday surcharges and night work. They draft an extra-judicial notice, a denunciation to the Labour Inspectorate and a criminal complaint, advise on retention of work or resignation due to detrimental alteration, file a lawsuit or application for a payment order, represent the employee in court and proceed to enforcement.

Following the provision of work, the employee’s remuneration must be paid; it is disbursed at the end of the agreed period. After providing their work, employees are entitled to receive their salary, which is paid at the end of each period on the basis of which it is calculated (day-week-month), unless otherwise agreed. These earnings are paid exclusively into the employees’ bank accounts, while they are issued a payslip detailing all forms of earnings and the deductions applied thereto. Furthermore, employees paid on a daily wage basis are entitled to receive the daily wages for the statutory public holidays of the year.

In the event of delay or refusal by the employer to pay the earnings, employees are entitled:

To file a criminal complaint against the employer at the local police station and a denunciation with the Labour Inspectorate (SEPE).
To exercise the right of retention of work (work stoppage), in accordance with Article 325 of the Civil Code (AK).
To regard the refusal or delay of salary payment as a unilateral detrimental alteration of their terms of employment, and therefore as a termination of the employment contract, claiming, among other things, the corresponding severance compensation.
To pursue the recovery of the salary judicially, by filing a lawsuit before the civil courts.

Employee Remuneration: Forms

Employees are entitled to the full Easter Bonus, equal to half a monthly salary or 15 daily wages, provided they worked throughout the period from 1^st January until 30^th April, or to a proportion of the Easter Bonus if their employment relationship did not last the entire period.

Employees are entitled to the full Christmas Bonus, equal to one monthly salary or 25 daily wages, provided they worked throughout the period from 1^st May until 31^st December, or to a proportion of the Christmas Bonus if their employment relationship did not last the entire period.

For each day of work away from headquarters, employees are entitled to compensation equal to one (1) daily wage or 1/25 of the lawful salary. Where the employer provides food and accommodation, employees are entitled to 1/4 of the compensation, while where only food or only accommodation is provided, they are entitled to 1/2 or 4/5 of the compensation, respectively.

For every hour of additional work provided by part-time employees, they are entitled to corresponding remuneration with a surcharge of twelve per cent (12%) on the agreed remuneration.

For every hour of over-work (the first tier of overtime under Greek labour law), employees are entitled to the hourly wage paid increased by twenty per cent (20%).

For every hour of overtime employment, employees are entitled to the hourly wage paid increased by forty per cent (40%) for each hour of lawful overtime, by sixty per cent (60%) for each hour of overtime worked pursuant to a decision of the competent authority of the Ministry of Labour, and by one hundred and twenty per cent (120%) for each hour of unlawful overtime.

Employees who work on the sixth day (in breach of the five-day week) are entitled to the daily wage paid increased by thirty per cent (30%).

Employees who work on a Sunday or on public holidays are entitled to a surcharge of seventy-five per cent (75%) on the lawful hourly wage.

For every hour of night work, that is, employment from ten in the evening until six in the morning, employees are entitled to a surcharge of twenty-five per cent (25%) on the lawful hourly wage.

See also the article Termination of Employment Contract
See also the article Severance Compensation
See also the article Modification of Employment Terms
See also the article Retention of Work
See also the article Annual Statutory Leave
See also the article Over-work – Overtime
See also the article Employer Obligations

FREQUENTLY ASKED QUESTIONS ON EMPLOYEE REMUNERATION

1. What am I entitled to when my employer does not pay me?

An employee who does not receive their salary in good time has a network of protective remedies available. They may file a denunciation with the Labour Inspectorate and a criminal complaint for breach of labour legislation, exercise the right of retention of work under Article 325 of the Civil Code (AK), ceasing work until payment is made, or treat the delay as a unilateral detrimental alteration of their terms of employment and resign while claiming severance compensation. In parallel, they retain the right to pursue the outstanding earnings judicially, together with interest and surcharges, before the civil courts.

2. How do I judicially claim the amounts owed to me?

Judicial recovery is, as a rule, pursued by filing a lawsuit before the Single-Member Court of First Instance, under the special procedure for labour disputes, which provides for an expedited hearing. Alternatively, if the debt is evidenced by documents (employment contracts, payslips, certificates of earnings), a payment order may be issued, which constitutes a directly enforceable title. The employee is entitled, in addition to the unpaid earnings, to statutory default interest, holiday bonuses, leave allowance, as well as any surcharges for over-work, overtime, night work, or work on Sundays and public holidays.

3. How long do I have to claim earned salaries?

Claims arising from labour earnings are, as a rule, subject to a five-year statute of limitations from the time they became due. This means that an employee may claim salaries, bonuses, allowances, overtime and surcharges for the last five years, even if they continue to work in the same business. The limitation period is interrupted by the filing of a lawsuit or by acknowledgment of the debt by the employer. Since time is running and every passing month may mean the loss of a claim, prompt action is critical to fully safeguard the employee’s rights.

4. What documents do I need to claim my salary?

Useful documents are all those evidencing the employment relationship and the earnings owed: the employment contract, hiring notifications submitted to the ERGANI system, payslips, bank account statements showing or indicating the absence of payments, work schedules and attendance records, as well as any written or electronic communication with the employer (emails, messages). Certificates from EFKA regarding social security contributions are also required. To prove overtime or work on public holidays, witnesses, electronic attendance systems and the digital work card are utilised.

5. What chances of success does my claim have?

Where the employment relationship is documented and payslips or ERGANI notifications exist, the chances of success are, as a rule, high, since the burden of proving payment of the salary lies with the employer. Difficulties arise mainly in matters of undeclared work, unrecorded overtime, or oral agreements for additional remuneration, where witness evidence is required. Even in such cases, the case-law is clearly protective of the employee. The financial position of the employer also plays a significant role, as recovery following a court judgment requires actual assets available for attachment.

6. What is the role of the lawyer in such cases?

The lawyer firstly assesses the totality of the earnings owed, calculating salaries, holiday bonuses, allowances, overtime, Sunday and public holiday surcharges, night work and work-away-from-headquarters compensation. They draft an extra-judicial notice, a denunciation to the Labour Inspectorate and a criminal complaint where necessary, while guiding the employee on the safe exercise of retention of work or resignation due to detrimental alteration. They file a lawsuit or an application for a payment order, represent the employee in court and proceed to enforcement. The firm’s experience in labour disputes ensures full and timely recovery.