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I represent an employee with many years of service whose open-ended employment contract was terminated shortly after his return from sick leave, following a heated disagreement with management over overtime work. I would like you to examine whether the dismissal can be held void as abusive or retaliatory, under Greek law and the relevant case law.

Analysis: Voidness of an Employment Contract Termination as Abusive or Retaliatory

1. Legal Basis – Rules and Provisions

A. The non-causal nature of the termination

Termination of an open-ended contract of dependent employment is a unilateral, non-causal juridical act — that is, its validity does not depend on the existence or the soundness of the reason for which it is given. This follows from art. 669 par. 2 CC. However, the non-causal nature does not mean that the termination is beyond review.

B. Art. 281 CC – Abuse of right

Under art. 281 CC, «the exercise of a right is prohibited where it manifestly exceeds the limits imposed by good faith, by morality, or by the social or economic purpose of the right». A breach of art. 281 CC entails absolute voidness of the termination, which is treated as never having taken place, pursuant to art. 174 and 180 CC.

C. Art. 350 Labour Code (PD 62/2025)

Under art. 350 of the Labour Code, termination of an open-ended contract of dependent employment by the employer is void where it:

Is due to discrimination or retaliation on grounds of sex, race, political beliefs, etc.

Is made in reaction to the employee’s exercise of a lawful right.

Contravenes another special statutory provision.

Of particular importance is the express provision that a termination is void where it concerns employees who refuse to provide overtime work (art. 350 par. 1(γιε)) or who did not consent to an arrangement of working time (art. 350 par. 1(γιδ)).

In addition, par. 2 of the same article provides that the termination, as well as any other equivalent measure, is prohibited and void where it is made in reaction to the employee’s exercise of a lawful right.

D. Art. 66 Law 4808/2021 (corresponding provision)

Art. 66 of Law 4808/2021 contains identical provisions, which were codified in art. 350 of the Labour Code.

2. Criteria of Abusiveness

The case law of the Supreme Court (AP) has established settled criteria for reviewing the abusiveness of a termination. These elements are analysed as follows:

A. When a termination is deemed abusive

A termination is abusive where it is dictated by base motives that do not serve the purpose of the right. In particular, according to settled case law (AP 430/2025, AP 725/2020, AP 329/2015, AP 679/2014):

Where it is due to animosity, hatred or enmity.

Where it is made out of revenge, as a consequence of prior lawful but unwelcome conduct of the employee towards the employer.

Where it is made on economic-technical grounds that are pretextual and conceal hatred, animosity or malice.

Where the economic-technical grounds are genuine, but the selection of those dismissed was not made on objective criteria (service-related or social).

B. When a termination is NOT deemed abusive

Where there is no apparent or true cause, since, owing to the non-causal nature, no justification is required (AP 430/2025, AP 725/2020).

Where its true motive is the employee’s defective performance of duties or breach of contractual obligations, because the relationship of trust is then shaken (AP 430/2025, AP 679/2014).

An objectively unjustified termination (without serious grounds) is not, without more, abusive, because otherwise the non-causal act would be converted into a causal one (AP 725/2020).

C. Burden of proof

The employee bears the burden of pleading and proving the specific facts by reason of which the exercise of the right of termination manifestly exceeds the limits of art. 281 CC (AP 430/2025, AP 725/2020, AP 277/2016). The employer’s assertion that the termination was made not for the reasons stated by the employee but for others constitutes a reasoned denial and not an objection. Failure by the employer to prove the reasons it invokes does not affect the existence of an abusive dismissal (AP 430/2025).

However, under art. 350 par. 2 of the Labour Code, where the termination is made in reaction to the exercise of a lawful right, employees may request the employer to state the reasons for the dismissal in writing, which may ease the employee’s evidentiary position.

3. Application to the Facts of the Case

In the case under examination, the critical elements that may establish abusiveness or retaliation are the following:

A. Chronological sequence of events

The termination took place immediately after the return from sick leave and following a heated disagreement with management over overtime matters. The temporal proximity between the employee’s lawful conduct (asserting rights relating to overtime, taking sick leave) and the termination is a strong indication of retaliation, in line with the case law.

B. The overtime dispute as the exercise of a lawful right

Claiming proper remuneration or refusing unlawful overtime work constitutes the exercise of a lawful right. Under art. 350 par. 1(γιε) of the Labour Code, the termination of employees who refuse to provide overtime work is expressly void. Even if the dispute did not concern, in itself, a refusal of overtime but rather overtime matters more generally (e.g. remuneration, recording), the termination, as a reaction to the exercise of a lawful right, becomes void under par. 2 of the same article.

The case law accepts that a termination is abusive where it is made «out of revenge, as a consequence of prior lawful but unwelcome conduct of the employee towards the employer» (AP 725/2020, AP 801/2022). Asserting rights arising from the employment contract is a classic instance of such lawful conduct (AP 801/2022: a claim for full remuneration to appear in the payroll records established abusiveness).

C. The long length of service

The employee’s long-term employment, combined with the absence of prior disciplinary or performance issues, reinforces the argument that the termination is not justified on objective grounds but conceals retaliatory motives.

D. The sick leave

Taking sick leave is a lawful right of the employee. A termination immediately after the return from it, especially combined with the overtime dispute, reinforces the retaliatory character.

4. Counter-arguments and Limitations

The employer is expected to raise the following:

A. Reasoned denial: The employer may argue that the termination was made not for the reasons alleged by the employee but on objective grounds (e.g. defective performance of duties, economic-technical reasons). Under the case law, this constitutes a reasoned denial (AP 430/2025).

B. Defective performance of duties: If the employer proves that the true motive for the termination was defective performance of duties, the termination is not deemed abusive (AP 430/2025, AP 679/2014). In decision AP 430/2025, the employer succeeded in proving that the dismissal was due to low sales performance, negative appraisals and failure to meet targets.

C. Non-causal nature: The mere absence of an apparent cause does not automatically render the termination abusive. The employee must affirmatively prove the facts establishing abusiveness (AP 725/2020).

Rebuttal:

In the case under examination, the existence of a specific chronological sequence (dispute → sick leave → dismissal) does not leave a gap in cause but affirmatively indicates a retaliatory motive. The case law accepts that a termination that follows immediately after the assertion of rights is a strong indication of abusiveness.

5. Procedure and Evidence

A. Critical evidence

Written correspondence (e-mails, letters) documenting the overtime dispute and the chronological sequence.

Medical certificates and sick-leave attestations.

Form E6 – Termination of employment contract: Under Circular 36542/2019, following Law 4623/2019 a statement of valid grounds is no longer required on the E6; nevertheless, the absence of any justification, combined with the other elements, reinforces the argument of retaliation.

Witness statements from colleagues aware of the dispute and the circumstances.

Appraisals and service records demonstrating satisfactory performance over the course of the long service.

Labour Dispute Report from the Labour Inspectorate, if a relevant complaint was filed.

Request to disclose the reasons for the dismissal under art. 350 par. 2 of the Labour Code: the employer’s refusal or incomplete answer reinforces the employee’s evidentiary position.

B. Procedural course

An action before the competent Single-Member Court of First Instance (with territorial jurisdiction at the employer’s seat or the place of work), seeking:

A declaration that the termination is void.

Payment of wages for the employer’s default (art. 656 CC).

Monetary compensation for moral harm (where the conditions are met).

Time limit: An action for voidness on grounds of abusiveness (art. 281 CC) must be brought within a three-month preclusive time limit from the termination (art. 6 par. 1 Law 3198/1955), as also confirmed by CoA Piraeus 443/2024.

Interim measures: The possibility of seeking the provisional regulation of the situation (e.g. provisional re-employment or payment of wages) under art. 731-732 CCP, where an urgent need is established.

6. Outcomes – Legal Consequences

If the termination is held void:

It is treated as never having taken place (art. 174, 180 CC).

The employer, by not accepting the employee’s services, falls into default and is liable to pay default wages (art. 656 CC), without the employee being obliged to actually render work (AP 725/2020, AP 329/2015).

The employee is entitled to monetary compensation for moral harm, where the abusive dismissal injured his personality.

The employment contract is deemed to continue in force.

Conclusion

In this particular case, the coincidence of three elements — (a) the heated overtime dispute (exercise of a lawful right), (b) the taking of sick leave (a lawful right), and (c) the temporal proximity of the termination immediately after the return — creates a strong framework for establishing abusiveness under art. 281 CC and voidness under art. 350 of the Labour Code. The success of the action depends critically on the strength of the evidence establishing the link between the employee’s lawful conduct and the employer’s decision to terminate.

Court Decisions

AP 430/2025

AP 725/2020

AP 801/2022

AP 329/2015

AP 679/2014

AP 277/2016

CoA Piraeus 443/2024

Legislation

Art. 281 CC, Abuse of right (Gov. Gazette A' 164/1984)

Art. 350 Labour Code (PD 62/2025), Protection against dismissals (Gov. Gazette A' 121/2025)

Art. 66 Law 4808/2021, Protection against dismissals (Gov. Gazette A' 101/2021)

Circulars

Circular 36542/2019

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