Η ΑΡΧΗ ΤΗΣ ΕΥΝΟΙΑΣ ΣΤΟ ΕΡΓΑΤΙΚΟ ΔΙΚΑΙΟ

Favourability principle in labour law Amalia Leventi, PhD, Attorney at Law ISBN 978-960-622-673-1 Abstract: Favourability principle offers the possibility of departing from the regula- tions laid down in higher ranking sources of law in the field of labour law by im- proving on them in the employee’s favour under the terms of the contract of em- ployment. According to Greek Legislation the normative provisions of collective agreements are intended to serve as minimum levels of protection, which may be improved in favour of the employee. Favourability principle is guaranteed by Civil Code and Law 1876/90, as well as by Constitution. It also applies in cases of concur- rence of collective agreements.The question is whether a condition in an individual employment contract is more favourable than a higher ranking norm or not. To an- swer this question a comparison including all the provisions on the two sides (group comparison),meansprovisionswhichregulatesameorsimilarworking issues,based onobjectivecriteriamusttakeplace.Thepartiesofthecontractofemploymenthave the right to agree that specific working conditions are supposed to have internal re- levance, so they must be compared. It is not possible to select and put together the most favourable individual provisions from various sources.. COPYRIGHT All rights reserved. No part of this publication may be reproduced, stored in a re- trievalsystem,ortransmitted, inany formorbyanymeans,withoutthepriorpermis- sion of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organisation. Enquiries concerning reproductionwhichmaynotbecoveredbytheaboveshouldbeaddressedtoNOMI- KI BIBLIOTHIKI S.A. at the address below. DISCLAIMER The content of this work is intended for information purposes only and should not be treated as legal advice.The publication is necessarily of a general nature; NOMIKI BIBLIOTHIKI S.A. makes no claim as to the comprehensiveness or accuracy of the information provided; Information is not offered for the purpose of providing indi- vidualized legal advice. Professional advice should therefore be sought before any action is undertaken based on this publication. Use of this work does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIOTHIKI S.A. or the legal professionals contributing to this publication. 23 Mavromichali str. | 106 80 | Athens | Greece T +30 210 3678 800 | F +30 210 3678 819 www.nb.org | info@nb.org © 2019, NOMIKI BIBLIOTHIKI S.A.