Work for third country nationals in Greece

The main legal route for third-country nationals to enter Greece for the purpose of dependent employment is the employment invitation (“metaklisi”) procedure.

More specifically, according to Article 4 of Law 5038/2023, “metaklisi” refers to the procedure through which a third-country national may enter and reside in Greece in order to provide dependent employment to a specific employer and for a specific type of employment.

 In any case, if you are interested in coming to Greece for employment, the first step is to find an employer.

Next, the employer who wishes to invite a third-country national for dependent employment through the “metaklisi” procedure must, provided that:

1. i) there is an available job position (in accordance with Article 26 of Law 5038/2023);
2. ii) the employer meets the applicable income requirements for each employee; and

iii) there is an employment contract signed by the employer, for a minimum duration of six (6) months and for full-time employment,

submit an application to the one-stop service (“one-stop shop”) within the administrative jurisdiction where the employer has their registered office.

Once an employment approval decision has been issued, the competent consular authority examines the general requirements for the granting of a national entry visa. Provided that the third-country national signs the employment contract before the consular officer, the consular authority grants the national entry visa, on the basis of the aforementioned approval.

The third-country national enters Greece on the basis of the national entry visa and must submit, through the electronic services of the Ministry of Migration and Asylum, an application to the competent one-stop service of the Decentralized Administration for the initial issuance of a residence permit for employment following an employment invitation.

This application must be submitted exclusively within the period of validity of the national entry visa. Otherwise, the third-country national’s application will be rejected.

Third-country nationals who have been granted an initial single permit (unified residence and work permit) following an employment invitation, for the purpose of dependent employment, are required to work for the employer who invited them for at least six (6) months. At the end of the six-month period, the invited worker has the right to change employers.

By way of exception to the above restriction, the holder of an initial single permit may change employer before the expiry of the minimum six-month employment period in the following cases:

• where the employer violates labour legislation;
• where both parties agree to terminate the employment relationship, together with notification of the intention of a new employer to employ the third-country national who was invited through the “metaklisi” procedure; or
• where the employer unilaterally terminates the employment contract.

In all of the above cases, during the first six-month period, the third-country national who entered through the employment invitation procedure must notify the competent one-stop service (Directorates of Foreigners and Migration) of the Decentralized Administrations of all changes.

Requirements for starting employment

In order for the third-country national to start working, a Tax Identification Number (AFM) and a Social Security Registration Number (AMKA) must be issued.

In addition, a bank account must be opened so that the employee’s wages can be paid into the account.

In the case of payment via a work voucher (“ergosimo”), the employer issues two (2) copies of the voucher. One copy/stub of the work voucher is given to the employee, who may cash it at the contracted payment service providers (credit institutions and the Hellenic Post / ELTA) within a period of four (4) months.

For further information : https://www.e-efka.gov.gr/el/sychnes-eroteseis/asphalisi-eisphores/asphalismenoi/ergosemo/ergosemo-t-ika-etam

The provisions of Articles 63, 64 and 65 of Law 5038/2023 incorporate (once again) into Greek legislation the provisions of Directive 2014/36/EU “on the conditions of entry and stay of third-country nationals for the purpose of seasonal employment.”

According to the provisions of Article 4 of Law 5038/2023, “seasonal employment” is defined as “the activity carried out in Greece for a period of up to nine (9) months in total, during a twelve (12)-month period, in a sector of seasonal employment with a periodic character within the year. Such sectors are considered to be sectors related to seasonal conditions, during which the required level of labour force is significantly higher than that required for normal activities.” The provisions concerning the seasonal employment of third-country nationals apply to the agricultural sector and the tourism sector.

Third-country nationals who hold the residence title “E.5” (national entry visa for seasonal employment, Article 63 of Law 5038/2023) enter Greek territory on the basis of:

(a) the employment approval issued by the competent One-Stop Service of the Decentralized Administration, which concerns one or more periods of employment with a maximum duration of nine (9) months per twelve (12)-month period and

(b) the national entry visa (VISA D) for seasonal employment. They have the possibility of commencing employment immediately, as the national seasonal employment visa constitutes a residence title that provides immediate access to the labour market.

Procedure and supporting documents for approval of recruitment for seasonal employment

According to the provisions of Article 63 (paragraph 4) of Law 5038/2023, an employer who wishes to employ a third-country national for seasonal employment, provided that (i) there is an available job position in accordance with the provisions of Article 27 of Law 5038/2023 and (ii) the position concerns a sector in which recruitment for seasonal employment is permitted, submits an application, through the electronic services of the Ministry of Migration and Asylum, to the competent One-Stop Service for approval of recruitment for seasonal employment.

The application shall state the number of job positions, the full details (surname, first name, father’s surname and first name, mother’s surname and first name, country and date of birth, nationality, passport number, date of issue and expiry, and country of issue) of the third-country nationals to be employed, the occupation/specialty, as well as the period of employment.

The employer’s application concerns a total employment period of up to nine (9) months per twelve (12)-month period and may extend to a total period of up to five (5) years.

The application shall be accompanied by the supporting documents required under Article 63 of Law 5038/2023, as further specified in Joint Ministerial Decision No. 133226/2024 (Government Gazette B’ 2626), “Determination of the supporting documents referred to in paragraph 1 of Article 27 of Law 5038/2023 (A’ 81).”

Together with the application, the employer shall submit, among other documents, a valid employment contract which includes:

1. a) the type of employment,
   b) the place where the employment takes place,
   c) the starting date of employment,
   d) the duration of employment,
   e) the number of working hours per week or month,
   fσ) the employee’s remuneration, which may under no circumstances be lower than the remuneration of an unskilled worker,
   g) the amount of any holiday allowance, where provided for in the contract, and
   h) any other term of employment, as applicable.

The employer who invites a third-country national for seasonal employment is obliged to provide the employee with suitable accommodation that meets the required health and safety standards, subject to inspection by the competent Services. The employer is obliged to inform the competent authority of any change in the accommodation.

It is pointed out that the health and safety standards for the accommodation provided to seasonal workers are established by Joint Ministerial Decision No. 41835/2024 (Government Gazette B’ 4577), which was issued pursuant to paragraph 27 of Article 176 of Law 5038/2023.

If the seasonal worker is required to pay rent, the employer shall provide the seasonal worker with a lease agreement or an equivalent document clearly stating the terms of the tenancy. In any case, the amount of rent must be proportionate to the seasonal worker’s remuneration and the quality of the accommodation, and it shall not be automatically deducted from the seasonal worker’s salary.

When the accommodation is not provided by the employer, the employer is obliged to submit to the competent service of the Decentralized Administration evidence demonstrating that the seasonal worker has accommodation of their own, which meets the standards required by law, as referred to above.

For a third-country national for whom the competent service of the Decentralized Administration has issued and forwarded an employment approval for seasonal employment to the competent consular authority, the latter shall issue an entry visa (visa) with which the person may work. Employment may not exceed nine (9) months within a twelve (12)-month period.

Fishermen

Every employer who wishes to employ fishermen shall submit an application to the competent service of the Decentralized Administration, which is based in the prefecture where the employer’s business is established or at the vessel’s port of registry, where the vessel is registered.

The application shall state the number of job positions, the details and nationality of the third-country nationals to be employed, as well as the period of employment.

Together with the application, the employer shall submit, among other documents, an employment contract (in duplicate), signed by the employer, for each worker, specifying the terms and conditions of employment, the period of employment and the worker’s remuneration.

For a third-country national whose entry for employment as a fisherman has been approved, the competent consular authority shall issue a corresponding entry visa (visa) for seasonal employment.

The fishermen’s visa shall be valid for the same period as the employment, as established by the relevant employment contract. It may not exceed eleven (11) months and provides the right of access to the labour market exclusively for the provision of the specific employment and with the specific employer, following whose invitation it was issued.

In particular, for fishermen who are subject to the provisions of the bilateral agreement between the Hellenic Republic and the Arab Republic of Egypt, which was ratified by Law 1453/1984 (Government Gazette A’ 88), a national entry visa for seasonal employment as a fisherman is issued, with a maximum validity and permitted stay of eleven (11) months.

Residence permit for seasonal employment (residence permit type “E.6”)

A residence permit for seasonal employment (residence permit type “E.6”), according to the provisions of Article 66 of Law 5038/2023, is defined as the residence permit for seasonal employment applied for by a third-country national who:

1. a) has entered Greek territory pursuant to an employment approval issued by the competent One-Stop Service, which concerns one or more periods of employment with a maximum duration of nine (9) months per twelve (12)-month period, with a validity period of up to five (5) years, depending on the employment contract submitted; and
2. b) is the holder of a national entry visa for seasonal employment.

The “E.6” residence permit covers all cases of seasonal workers referred to above, namely : a) seasonal workers in the agricultural sector,
b) seasonal workers in the tourism sector, and
c) seasonal workers in fishing.

The residence permit for seasonal employment:

1. a) has a validity period of up to five (5) years, depending on the employment contract submitted
2. b) for the purpose of determining its validity period, the period of validity of the national entry visa is also taken into account
3. c) the residence permit for seasonal employment may be renewed, provided that the total duration of residence does not exceed ten (10) years in total.

Other cases

There are also other cases in which a third-country national may work solely with an entry visa (visa).

These visas are linked to specific activities and are granted for a short period of time corresponding to the completion of a specific purpose.

Such cases concern, for example, members of artistic groups, third-country nationals entering for the purpose of providing a service, tour leaders, athletes, coaches and others.

For the commencement of seasonal employment of third-country nationals, a Tax Identification Number (AFM) and a Social Security Registration Number (AMKA) must be issued.

In addition, a bank account must be opened so that the employee’s wages can be paid into the account.

In the case of payment via a work voucher (“ergosimo”), the employer issues two (2) copies of the voucher. One copy/stub of the work voucher is given to the employee, who may cash it at the contracted payment service providers (credit institutions and the Hellenic Post / ELTA) within a period of four (4) months.

For further information see : https://www.e-efka.gov.gr/el/sychnes-eroteseis/asphalisi-eisphores/asphalismenoi/ergosemo/ergosemo-t-ika-etam

Depending on the type of residence permit, applications for residence permits are submitted to the one-stop service of the Residence Permit Departments of the Decentralized Administration of the applicant’s place of residence or to the Immigration Policy Directorate of the Ministry of Immigration and Asylum.

Entry visas are granted by the competent Greek consular authority of the third country citizen’s place of residence. On the website of the Ministry of Foreign Affairs there is a list and contact information for all Greek Authorities around the world:

In Greek: https://www.mfa.gr/appendix/dimereis-sheseis-tis-ellados/alpha.html

In English: https://www.mfa.gr/en/appendix/greece-bilateral-relations/a.html

Additionally, you can find out more about entry visas in detail in the “Immigration Code Manual”, published by the Ministry of Foreign Affairs in Greek and English.

In Greek: https://www.mfa.gr/theoriseis-eisodou-visas/eidi-theoriseon/ethnikes-theoriseis.html

In English: https://www.mfa.gr/en/visas/visa-types/national-visas.html

Third-country nationals who legally reside in the county may freely move and settle anywhere in its territory.

They also enjoy equal treatment with nationals in terms of labor rights such as employment conditions, the right to strike and to take trade union action, the recognition of diplomas and other professional qualifications, etc.

In addition, they are insured with the relevant insurance organizations and have the same insurance rights as Greek nationals.

The recruitment and employment of third country nationals, without access to employment or who do not hold legal documents, are not allowed.

Employers who employ a foreigner without a work access permit (even if they are legally resident in the country with another type of permit) are fined €1,500 for each legally resident but illegally employed foreigner.

Furthermore, a fine for undeclared work of 10,500 euros is imposed for each undeclared worker.

The recruitment and employment of third country nationals, who do not hold legal documents, are not allowed. The sanctions against the employment of illegally staying third country national are a financial sanction of five thousand euros (5,000 €) per illegally employed. In case of relapse of the employer, within a period of 4 years, this fine is doubled, for each employee. In addition, administrative sanctions are imposed, such as exclusion from public benefits and subsidies as well as temporary or permanent revocation of the operating license or temporary suspension of operations. There are also criminal penalties if the employment of illegally resident citizens is systematic and intentional or if their employment is accompanied by particularly abusive working conditions and / or it concerns minors or victims of human trafficking.

Employers involved in the labor exploitation of third-country nationals face additional fines and administrative and criminal penalties. In particular, when the employment is for the purpose of promoting third-country nationals into prostitution, apart from the other sanctions, the employer is punished with imprisonment of at least two years and a fine of at least 6,000 euros. In case the victim is a minor, the penalties are greater, while in some cases the fine reaches 50,000 – 100,000 euros.

The employer who invites a third-country national for seasonal work in the agricultural and livestock sector must provide the employee with a suitable accommodation, which meets the required health and safety standards. If the seasonal worker is required to pay rent, the employer shall provide the seasonal worker with a rental agreement or equivalent document that clearly states the terms of the rental. In any case, the amount of rent must be proportionate to the seasonal worker’s salary and the quality of the accommodation, while it is not automatically deducted from the seasonal worker’s salary. When the accommodation is not provided by the employer, the employer must provide the competent agency of the Decentralized Administration with proofs that the seasonal worker has his own accommodation, which meets the standards required by law as mentioned above.

Employers, who have breached their obligations during a previous invitation of seasonal workers, cannot submit a new request to invite a third-country national before three years have passed from the date the original breach was discovered.

A visa for the purpose of seasonal work is not granted or revoked when it is found, among other things, that:

1. the employer does not fulfill its obligations regarding social security, taxation, labor rights or employment conditions,
2. the employer has suffered sanctions for undeclared work or illegal employment and when,
3. the employer has not fulfilled the obligations arising from the employment contract.

The Greek legislation (law 4052/2012) provides for the facilitation of complaints by illegally employed immigrants. The illegally staying immigrants can submit themselves or instead, with their consent, to the local labor centers, any complaint provided for by the national legislation against their employer. Helping a third-country nationals in filing a complaint is in no way considered assistance to illegal entry, transit, and residence.

Also, illegally employed third-country nationals can, like any legally employed worker, appeal to the competent courts and competent authorities to claim what is owed and in general to assert their legal rights in accordance with labor legislation. They can also execute the relevant court decisions against their employers, even if they have returned or been forced to return to their country.

Additionally, the legislation (law 4443/2016) provides for fines and sanctions for violating the principle of equal treatment at work. There also provisions for appeal, judicial protection and reversal of the burden of proof as well as protection against countermeasures.

Finally, third-country nationals who have been employed under particularly abusive working conditions or as minors can grant a humanitarian residence. Such conditions are considered to be grossly disproportionate to the working conditions of legally employed workers, having a serious impact on the health and safety of workers, or those that involve gender discrimination or offend human dignity.

The Independent Authority «Labor Inspection» ( https://www.sepe.gov.gr/en/landing-page-en/ ) is the enforcement authority intended to guarantee a decent working environment, ensuring the application of labour law in both the labour relations field, as well as occupational safety and health . Employers who violate labor laws face administrative and criminal penalties and fines.

Immigrant workers can also turn to the Greek Ombudsman ( https://www.synigoros.gr/en/gr ) for any violation of their rights. The Ombudsman has been designated as the authority responsible for monitoring and promoting the implementation of the principle of equal treatment in the field of work. The Ombudsman, who is an independent administrative authority, conducts investigations following a complaint or ex officio and prepares findings and reports.