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Employee protections in Greece

Every country has laws in place to protect workers from harm and ensure they are treated fairly in the workplace. Employers hiring in Greece need to be aware of these rules to maintain compliance and create a safe, respectful environment for their teams.

In this section, we explore key areas of employee protections in Greece, including whistleblower rights, data protection responsibilities, and limits on workplace monitoring. We also explain the rules around equal treatment for temporary agency workers and the safeguards in place to ensure their fair treatment.

Finally, we examine anti-discrimination and harassment laws, employer duties to prevent unfair treatment, and the principles of pay equity. We also highlight upcoming obligations under the EU Pay Transparency Directive that employers in Greece will need to prepare for.

Whistleblowing in Greece

Whistleblowers play an important role in society by calling out wrongdoing that they witness in the workplace. For this reason, many countries have put in place specific legislation to facilitate whistleblowing and protect whistleblowers from retaliation. Read on to find out what you need to know as an employer in Greece.

Greece’s whistleblowing law

Greece’s whistleblowing law is Law No. 4990/2022, which came into effect on 11 November 2022, implementing the EU Whistleblowing Directive. Under this law, companies with 50 or more employees are required to set up whistleblowing channels for their employees.

This also applies to all employees in certain sensitive sectors, regardless of their headcount. For example, all employers in financial services, products and markets, transport, and the environment are required to set up whistleblowing channels. Under Greece’s whistleblowing law, employees must be able to submit reports either in writing, verbally, or via an electronic platform.

What counts as whistleblowing in Greece?

Greece’s whistleblowing law only covers certain disclosures. These include breaches of EU or national law in the following areas:

  • Public procurement.
  • Financial services.
  • Money laundering.
  • Terrorist financing.
  • Protection of the environment.
  • Public health.
  • Consumer protection.
  • Data security.
  • Product safety.

While whistleblowers are usually employees, they may also be other individuals who have witnessed wrongdoing in the course of their work. For example, this might include:

  • Self-employed consultants.
  • Independent contractors.
  • Shareholders and board members.
  • Job candidates.

Protections from retaliation for whistleblowers in Greece

The law also prohibits any form of retaliation against whistleblowers. This includes dismissal and any other negative actions against the employee, such as demotion, denying promotion, disciplinary action, changes of working conditions, etc. If a whistleblower suffers any type of retaliation in response to their whistleblowing, the action is considered null and void under Greece’s whistleblowing law.

Data protection in Greece

Processing employees’ personal data is generally required as part of the employment relationship — and employers have a responsibility to keep that data safe and secure. For this reason, Greece has strict data protection laws, which employers must be aware of.

Data protection laws in Greece

Greece’s data protection laws are based on the General Data Protection Regulation (GDPR), which applies across the EU. The main pieces of local legislation concerning data protection are:

  • Law 4624/2019.
  • Law 3471/2006.

These are supplemented by other national laws that include provisions for companies in specific sectors and for specific types of personal data processing. The authority responsible for overseeing data protection in Greece is the Hellenic Data Protection Authority (HDPA).

What employers need to know about employee data protection in Greece

Employers in Greece must ensure they have a solid legal basis for processing employee data. It’s important to note that, in the employment context, consent may not be considered a valid ground for data processing because of the imbalance of power inherent in the employment relationship.

Employers in Greece should also follow the below best practices:

  • Implement safeguards to ensure data is protected from loss or unauthorised access.
  • Limit access to data to only those who need it for legitimate business purposes.
  • Inform employees about how their personal data is collected, used, and stored.
  • Conduct regular data protection impact assessments for high-risk processing activities.
  • Provide training to employees on safe and responsible data handling.
  • Set clear processes for responding to data subject access requests and breaches.

Employee monitoring and surveillance in Greece

Employee monitoring and surveillance in Greece is strictly controlled under Greek data protection laws. For example, while CCTV may be used in the workplace, it can only be for the purposes of protecting people and property, not monitoring employees. CCTV surveillance of workstations, corridors, eating areas, and toilets is strictly prohibited. While there are some limited exceptions, employers wishing to use CCTV in this way must carry out a strict proportionality assessment before implementing such a system.

Equal treatment for temporary agency workers in Greece

Employers that require additional staffing for a short period can source workers through a temporary work agency. However, there are specific rules and limitations that apply to this arrangement in Greece, which employers should be aware of.

Temporary agency work in Greece

Agencies that hire and lease out employees in Greece must have a specific administrative authorisation under the requirements of EU Directive 2008/104/EC on temporary agency work. Employers are hired directly by agencies and then assigned to user companies to perform work under their supervision and direction.

Equal treatment for temporary agency work in Greece

Temporary agency workers in Greece are entitled to equal treatment with directly employed workers in terms of pay, working hours, overtime, breaks, rest periods, night work, public holidays, and other working conditions.

Other rights and protections for temporary agency workers in Greece

Under the requirements of the EU directive and Greek labour law, temporary agency workers in Greece also benefit from the following rights and protections:

  • Health and safety: Temporary agency workers in Greece benefit from the same level of protection as other employees concerning health and safety in the workplace.
  • Access to facilities: Temporary agency workers should have access to collective facilities or amenities at the user undertaking, such as canteens, childcare facilities, and transport services, under the same conditions as other employees.
  • Information on vacancies: User undertakings must inform temporary agency workers about vacant posts to give them the same opportunity to secure permanent employment.
  • Restrictions on assignments: In Greece, temporary agency workers cannot be assigned to tasks considered particularly hazardous to health and safety, such as those involving exposure to asbestos or carcinogenic substances.

Anti-discrimination laws and protection against harassment in Greece

The Greek Constitution and several other key pieces of legislation offer employees protection from discrimination and harassment in Greece. Under these laws, employers have a responsibility to protect their employees from discriminatory treatment.

Anti-discrimination laws in Greece

In addition to the Greek Constitution, the following laws provide protections from discrimination for employees in Greece:

  • Law 4443/2016: Implements EU Directives 2000/43/EC and 2000/78/EC, prohibiting discrimination in employment and occupation on various grounds.
  • Law 3896/2010: Focuses on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

These laws prohibit both direct and indirect discrimination in all aspects of employment, including:

  • The recruitment and selection process.
  • Terms and conditions of employment.
  • Access to vocational training.
  • Promotion opportunities.
  • Dismissal and redundancies.
  • Membership in trade unions or professional associations.

Protected characteristics in Greece

Under Greek discrimination law, employers in Greece may not treat employees differently on the basis of any of the following characteristics:

  • Race, colour, national or ethnic origin, or genealogical descent.
  • Religion or other beliefs.
  • Disability or chronic illness.
  • Age.
  • Marital or social status.
  • Sexual orientation.
  • Gender identity or gender characteristics.

Protection against harassment in Greece

Harassment, including sexual harassment, is explicitly prohibited under Greek labour laws. Harassment is defined as unwanted conduct with the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment on the basis of a protected characteristic is a form of discrimination.

Remedies for harassment and discrimination in Greece

Employers in Greece have a responsibility for preventing harassment and discrimination in the workplace. Employees who believe they have been subjected to discrimination or harassment can file complaints with:

  • The Labour Inspectorate.
  • The Greek Ombudsman.

Legal remedies may include reinstatement, compensation for damages, and sanctions against the employer. Employers are explicitly prohibited from retaliating against an employee for filing a discrimination complaint, for example by dismissing them or refusing them a promotion.

Pay equity laws in Greece

The Constitution of Greece guarantees all employees the right to equal pay for work of equal value, regardless of their sex or any other characteristic. This is reinforced by Law 3896/2010, which implemented the EU Equal Treatment Directive.

Upcoming pay transparency measures in Greece

In 2023, the EU passed a new directive on pay transparency, which will come into effect across Europe by June 2026. This will introduce several new responsibilities for employers related to pay transparency and pay equity, including:

  • Salary transparency in job descriptions: Employers must provide information about the initial pay level or its range in job vacancy notices or before the job interview. Additionally, they are prohibited from inquiring about a candidate’s pay history.
  • Information rights for employees: Employees have the right to request information on their individual pay level and on the average pay levels, broken down by sex, for categories of employees doing the same work or work of equal value.
  • Gender pay gap reporting: Employers with at least 250 employees are required to report on their gender pay gap annually, while those with 150 to 249 employees must report every three years. The first reporting deadline for employers with 150 or more employees is 7 June 2027.
  • Joint pay assessments: If a gender pay gap of at least 5% is identified and cannot be justified by objective, gender-neutral criteria, employers are required to conduct a joint pay assessment in cooperation with workers’ representatives.

Greek employers should begin preparing for these requirements now to ensure they’re ready to comply by the time the new pay equity laws are introduced in Greece.

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