KEPEA: When an employee dismissal can be considered invalid and abusive

0

In informing the employees about the issue of dismissals and specifically about when a dismissal of an employee can be considered invalid and abusive, the GSEE Employees & Unemployed Information Center.

KEPEA states the following: “Based on the relevant provisions for the termination of the contract and the rich case law, as it has been formed, we also mention the following cases of invalidity of the dismissal:

a. Non-payment of compensation together with a document of dismissal: In case of non-payment of compensation for even one (1) installment, the dismissal will be void.

b. Abusive dismissal
When the employer’s right to terminate the employment contract is abused, ie when it exceeds the limits of good faith, good morals and the social or economic purpose of the right.
Many dismissals have been deemed abusive by the Courts.

Typical examples:
Dismissal made for the satisfaction by the employer of a feeling of revenge towards the employee that is unrelated to the execution of the employment contract. Dismissals that are made due to legal union action of the employee, or due to litigation of his claims, or due to his refusal to accept an illegal claim of the employer, or for political reasons, etc. are also abusive.
The appeal by the employer to the most unfavorable means for the employee, the dismissal, for a disciplinary violation has also been deemed abusive, while it could have been treated with milder measures, such as the penalties provided by the Rules of Procedure of the company.
Any dismissal that is not justified by the well-meaning interests of the employer or by other unconventional actions of the employee, which affect the normal pace of work, is generally abusive.

c. Dismissal contrary to prohibition provisions
In some cases, the law explicitly prohibits dismissal. Such cases are mainly the following:

    • Trade union executives: The dismissal of trade union executives without a decision of the competent Committee is prohibited.

    • Pregnant workers: 1. Par. 1 of article 15 of law 1483/1984 (AD 153) is replaced as follows: “1. Termination of the contract or employment relationship of an employee by her employer is prohibited and is absolutely invalid, both during her pregnancy and for the period of eighteen (18) months after the birth or during her absence for a longer period, due to illness. due to pregnancy or childbirth, unless there is good reason for termination. The protection against termination of the contract or employment relationship applies both to the employer, to whom the current employee is hired, without having previously worked elsewhere, before completing eighteen (18) months from the birth or the longer period provided herein, as well as against the new employer, in which the current one is hired until the completion of the above years. “In any case, a possible reduction in the performance of the pregnant woman due to pregnancy can not be considered as an important reason.” article 36, L.3996 / 2011

    • Licensed employees: The dismissal of an employee made during the annual leave granted to him is invalid.
  • Enlisted employees: Their enlistment is not a reason to terminate an employment contract. There are safeguards for those who enlist or are demobilized and are not allowed to be fired, even for one year after demobilization. The penalty for non-compliance with the provisions is the special additional compensation, equal to salaries of 6 months in addition to the compensation for dismissal.

  • Those forcibly recruited with the provisions for the protection of people with special needs, large families, warriors, fighters of the National Resistance, etc., may not be fired without a decision of the competent Committee.

Employee Actions in Case of Invalid Dismissal: An employee who is dismissed from his job with an invalid complaint can appeal to the Courts and request recognition of the invalidity of the termination of his employment contract and payment of arrears of wages by the employer who does not accept the services offered.

What are the deadlines?
The relevant treatment must done within 3 months from the notification of the dismissal document, otherwise the right is barred and the lawsuit is rejected as inadmissible.
If the invalidity of the dismissal is due to non-notification of a document, the 3-month period starts from the day the employer stopped accepting the employee’s services. However, the conditional collection of the compensation does not constitute a waiver of the employee from the right of invalidity of the dismissal or the pursuit of greater compensation “.

Leave A Reply

Your email address will not be published.