MIL-OSI Europe: Written question – Violation of Directive 1999/70/EC on the grounds of discrimination against substitute teachers in Greece in cases of serious illness – E-001474/2025

Source: European Parliament

Question for written answer  E-001474/2025
to the Commission
Rule 144
Elena Kountoura (The Left)

In Greece, there are situations where substitute teachers who have been diagnosed with serious and hard-to-treat illnesses are discriminated against in terms of labour and other rights in comparison with their permanent colleagues. The competent authorities of the Ministry of Education reject requests for online work or additional days of sick leave during treatment and recovery periods, on the grounds that they are not provided for by the current institutional framework[1]. The only solution is to return to work immediately following the end of the treatment or recovery period – during which they are not paid a salary[2].

Having regard to Article 54(1) and (3) of Greek Law 3528/2007 (the Civil Servants’ Code), the infringement of EU law due to the incorrect transposition into Greek law of Council Directive 1999/70/EC, which prohibits discrimination against workers on fixed-term contracts, and the infringement procedure initiated by the Commission against Greece (INFR(2024)4013)[3], as well as the inhuman dilemma faced by substitute teachers in Greece, whereby they have to choose between earning a salary or getting treatment in the event of a serious illness, can the Commission say:

  • 1.Is it aware of these cases of discrimination in Greece between workers with different types of contracts as regards sick leave and other employment rights?
  • 2.What steps does it intend to take to ensure equal rights for severely ill workers in Greece, regardless of their contract type?

Submitted: 9.4.2025

  • [1] In fact, Article 657 of the Civil Code expressly states that an employee’s claim to a salary may be retained even when the employee is not working, provided that the impediment to work is due to an important reason, such as the illness of the employee, as is apparent from the provisions of Articles 660 and 661 of the Civil Code, Article 5(3) of Law 2112/1920 (Government Gazette A, No 67), Article 8 of Royal Decree 16/18-7-1920 and Article 3 of Law 4558/1930 (Government Gazette A, No 124), and as also sustained by the case-law of the courts (Decision 826/2011 of the Court of First Instance in Athens, Decision 542/2010 of the Supreme Court, Decision 4214/2010 of the Court of Appeal of Athens, and others).
  • [2] See for example: https://www.alfavita.gr/ekpaideysi/473918_eipan-se-anaplirotria-na-dialexei-i-tin-therapeia-toy-karkinoy-tis-i-merokamato.
  • [3] Greek law contains less favourable employment conditions for fixed-term teachers working in public schools compared to permanent teachers, for instance as regards sick leave.
Last updated: 16 April 2025

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