WAIVER OF RIGHTS
| GREECE |
| PARÉTISI APÓ DIKÉOMA παραίτηση από δικαίωμα WAIVER OF RIGHTS |
Under Greek law, the waiver (i.e. relinquishment) by employees of rights granted to them by inviolable legal provisions is null and void. This prohibition is an expression of a general principle of labour law, arrived at through several legislative provisions (Law 2112/1920, Article 8; Law 547/1937, Article 11(1); Emergency Law 539/1945, Article 5(1); Law 551/1914, Article 14; Law 4020/1959, Article 8). Thus, an agreement whereby employees waive their statutory pay entitlements is null and void, whether it takes place before or after the performance of work. On the other hand, waiver of contractual pay, i.e. pay exceeding the minimum rates fixed by inviolable legal provisions, is valid.
A settlement by compromise arrived at by employer and employee inter se concerning pay entitlements constitutes a form of waiver. Such a compromise settlement is not, however, prohibited when there is serious doubt and controversy regarding the employee's entitlements either as to their actual and legal preconditions or as to their extent and provided that this is settled by mutual concession.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.
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