Three years / Debrising of employers with dismissals and extortion – What the OIYE complains about

Them unfair and illegal employer practices who they don’t pay them three years seniority to the employee, under her responsibility government which has effectively disabled the APR complains Federation of Private Employees of Greece (OIYE).

As OIYE emphasizes which requests meeting with his leadership Ministry of Labour and with the Governor of the Independent Authority Labor Inspectionin sectors such as security“the circumvention of the obligation to pay the three years is done with illegal terms in operational collective labor agreements, where the counting of three years begins from work in the sector and not in the other vested (prior to 2012) three years of seniority regardless of employer, as expressly defined by Law 5093/2023, resulting in wages lower than the legal ones”.

In addition, describing her impunity which prevails in labor market the OH notes that many employers they find ways and extortion practices to avoid her payment of these three years.

“They move on arbitrary and unjustified dismissals of employees who had work experience before 2012, which was “frozen” with the infamous PYS 6/2012 and who just show their badges so that the law is applied and receive the relevant increase, they are summarily dismissed”.

At the same time, other companies “apply its practice amending individual employment contractson the basis of which the basic salary is defined as the minimum salary without three years plus an “additional payment” as a voluntary benefit”.

Finally, according to the Federation of Private Employees several companies are proceeding to modifications of the individual employment contracts to which they also add as a condition of the obligation of the employees to move for work in “available” jobs throughout the country, otherwise I will they are fired.

The OIYE announcement in detail:

“OIYE requested an urgent meeting with the political and service leadership of the Ministry of Labor as well as with the Governor of the Independent Labor Inspection Authority regarding the ongoing and intensifying problem of the non-payment by many employers of the three-year seniority allowance (10%).

As we have made known for a long time, many companies are circumventing the recently passed Law 5053/2023 which provides for the reinstatement and granting of the three years of seniority completed by employees prior to 2012 from 1.1.2024.

In sectors such as security, the circumvention of the obligation to pay the three years is done with illegal terms in operational collective labor agreements, where the counting of the three years starts from work in the sector and not from the other guaranteed (prior to 2012) three years of previous service regardless of employer , as expressly defined by Law 5093/2023, producing fees lower than the legal ones.

At the same time, many employers find ways and extortionate practices in order to avoid paying these three years. They are proceeding with arbitrary and unjustified dismissals of employees who had work experience before 2012, which was frozen with the infamous PYS 6/2012 and who as soon as they show their badges so that the law is applied and receive the relevant increase, they are summarily dismissed .

Other companies apply the practice of amending individual employment contracts, whereby the basic salary is defined as the minimum salary without three years plus an “additional payment” as a voluntary benefit. Finally, several companies are proceeding with amendments to individual employment contracts in which they add as a condition of obligation for employees to move for work in “available” jobs throughout the country, otherwise they will be fired.

For all these unfair and illegal practices, OIYE submitted, in collaboration with its legal advisor, a full documented memorandum and requested, as noted above, a meeting with the Ministry. of Labor and SEPE, so that the law is implemented and the three years are paid immediately to the employees”.