employment-law

Employment Law

Kelemenis & Co. provides comprehensive legal support both in regulatory issues of individual and collective labor relations and employment contracts and in pre-trial and judicial resolution of labor disputes. The firm assists businesses in the formulation of employment contracts and regulatory compliance policies [e.g. work regulation, stock-option plans, anti-money laundering (AML) policies, anti-bribery, whistleblowing policies, policies on violence and harassment at work, application of GDPR to employees, corporate governance regulations, etc.], training in the context of these policies, management of restructurings, collective redundancies and terminations of contracts, secondment agreements and social security matters. At the same time, the firm supports its clients by representing them before courts and authorities for the resolution of employment disputes.

The firm’s expertise covers:

Drafting and review of employment contracts and compliance

Drafting, reviewing and negotiating employment contracts, ensuring full compliance with Greek individual and collective labour law, including applicable sectoral collective agreements, mandatory statutory provisions and evolving case law.

Employment policies and internal regulations

Designing and implementing comprehensive employment policies and internal regulations, including work regulations, codes of conduct, anti-money laundering (AML), anti-bribery and corruption policies, whistleblowing frameworks, policies on violence and harassment at work, GDPR-related employment policies and corporate governance guidelines.

Incentive schemes and equity-based compensation

Structuring and implementing employee incentive schemes, including bonus plans, management incentive arrangements and equity-based compensation such as ESOPs and stock option plans, taking into account employment, corporate, tax and social security implications.

Remuneration and employment status of directors and external consultants

Advising on remuneration structures and the legal classification of relationships with executive directors, board members and external consultants, including misclassification risks, dependency criteria and associated social security treatment.

Business restructuring and transfers of undertakings

Advising on employment and social security aspects of corporate restructurings, including mergers, hive-downs and carve-outs, as well as transfers of undertakings in accordance with the Greek implementation of EU Directive 2001/23/EC.

Termination of employment and collective redundancies

Handling individual and collective terminations, including structuring lawful dismissals, calculating statutory severance payments, managing termination risks and advising on collective redundancies in compliance with Greek and EU law requirements.

Flexible forms of employment and secondment

Advising on flexible working arrangements, including part-time and rotational work, teleworking, on-call work, work during weekends and public holidays, flexible working hours and seasonal employment, as well as domestic and cross-border secondments of employees

Cross-border employment structures and PE risk management

Advising international clients on structuring employment arrangements in Greece without triggering a taxable permanent establishment (PE).

Social security compliance and contribution framework

Comprehensive advice on compliance with Greek social security legislation, including registration with the e-EFKA, calculation and payment of contributions, classification of insured persons and parallel insurance issues.

Social security risk management and disputes

Advising on audits, assessments and disputes with social security authorities, including challenges to contribution assessments, reclassification decisions and administrative penalties, as well as representation before competent administrative bodies and courts.

Compliance with administrative and reporting obligations

Ensuring compliance with obligations towards administrative and social security authorities, including employee registration, reporting, and ongoing filing requirements.

Compliance with the ERGANI system

Advising on the proper use of and compliance with the ERGANI employment information system

Digital Work Card compliance

Supporting employers in the implementation and operation of the Digital Work Card system, ensuring compliance with working time recording and related regulatory requirements.

Working time, overtime and overwork compliance

Providing regulatory guidance on working time arrangements

Support during labour inspections

Advising and representing clients during audits and inspections conducted by the Independent Labour Inspection Authority (formerly SEPE), including risk assessment, response strategy and follow-up actions.

Labour claims management and dispute resolution

Handling employment-related disputes and representation in administrative proceedings in disputes between employers and regulatory/supervisory authorities.

Representative Clients

General Electric, Chevron, Fieldcore, L’ Oréal, Maber, HERE, Think IT, U-blox, CA Technologies, Champion Europe, Solvay, Scandit, CATO SMS, Mercan Capital, Medica, Clifford Chance, Sonae Sierra, Solutia, Carrefour/DIA, Amaronda Hotel, Adecco, Pylones, Sunpower, Oliver Agency, FTI Touristik, Meeting Point, The Peligoni Club, Velti, Lamda Leventis, Blue Lagoon Hotels, Lappas Bakery Ltd

Representative Clients

General Electric, Kleva Pharmaceuticals, CA Technologies, Champion Europe, Solvay, Clifford Chance, Sonae Sierra, Solutia, Carrefour/DIA, Adecco, Sunpower, Coca Cola.

Chambers Europe 2013 says

Kelemenis has received warm endorsement from market commentators for its excellent employment practice. The compact team offers ongoing employment advice to clients such as GE, Champion and Adecco. Recently, it assisted Chevron with the redundancy process following the close of its downstream lubricants business in Greece.

Legal 500 2011and Legal 500 2010 say respectively

Kelemenis & Co. provides the full suite of employment law advice to a corporate client base that includes Chevron. It recently advised BMC Software on terminating its local director’s employment contract.
And
Kelemenis & Co.’s association with First Law International, a law firm network covering 30 jurisdictions, means it is often called on to provide Greek law advice on cross-border issues, including recently advising Solvay on amendments to its employment agreements. In addition, the team acts for clients such as AON Holdings and Sonae Sierra on termination and HR matters.

Legal 500 2009 says

Kelemenis & Co.– whose regulatory clients say it is “consistently good” – has been retained to advise Coca-Cola on Greek health and safety regulations as set out in domestic legislation aligned with EU law, work that included a review of EU rules.