European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
-Law 4808/2021, Article 65: 'Exemption from the obligation to provide work after notice of termination (garden leave)' -art. 677, Civil Code, Permissions to find another job.
By virtue of art. 65, Law 4808/2021 following termination with prior notice, the employer may, wholly or partially, release the employee from their obligation to provide work up to the effective termination date, while paying their full remuneration. During that period, the employee may be absent from work, and at the same time, continue to be paid the respective salary amount. It is also provided that the employee may be employed by another employer during 'garden leave', without affecting the termination of the employment relationship, or the employee’s entitlement to the severance amount.
By virtue of art. 677 of Civil Code: when an employment agreement of indefinite duration is terminated (under any condition), the employee has the right to request the necessary free time to look for another job before the date of termination of the employment relationship, if he/she does not otherwise have enough time to do so. The amount of time off which is necessary is decided on a case-by-case basis.
“Garden Leave” is introduced, for the first time, in Greek legislation allowing the employer, in case of ordinary termination, to refuse the employees’ services during the period of notice prior to the termination of the employment relationship, subject to the condition that the employer continues to pay their salary, during said period of notice.
Concerning art. 677 of Greek Civil Code, the right is not particularly well known or utilised and it does not feature in the case law.
Eurofound (2015), Greece: Time off for job search, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/time-off-for-job-search/greece
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