Out-of-court demand for unpaid wages with withholding of work (Greece)

Published byDocMuse

The out-of-court notice (εξώδικη δήλωση) in which an employee in Greece calls on the employer to pay overdue wages and declares that work is withheld under art. 325 of the Greek Civil Code from a set date: the periods, the amount in words, the IBAN. While a lawful withholding lasts, the employer owes pay as if work continued. A court bailiff serves it, and the bailiff's report of service proves what was said and when — which is what counts at the Labour Inspectorate and in court.

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Common questions

When may an employee in Greece withhold work over unpaid wages?

When the employer is significantly late with wages already earned. The employee may then refuse to work until paid (art. 325 of the Greek Civil Code), and the employer owes pay as if work continued (art. 656). The withholding must not be abusive (art. 281): over a small sum or a delay of a few days it may be found disproportionate.

Why is the wage demand served by a court bailiff in Greece rather than sent by e-mail?

The court bailiff (δικαστικός επιμελητής) serves the out-of-court notice and draws up a report of service, which proves beyond dispute what was said and when it reached the employer. That shows the employer knew of the withholding before it began — something an e-mail or a message does not secure if the dispute reaches the Labour Inspectorate or a court.

What can the employee do if the Greek employer still does not pay after the notice?

File a labour-dispute request (αίτηση εργατικής διαφοράς) with the Labour Inspectorate, online or in person, and the Inspectorate calls both sides to settle the dispute. If that fails, the wages are claimed in court, where the bailiff's report of service proves the demand and the start of the withholding.