The issue of restoring the 13th and 14th salary for public employees was brought to the Plenary Session. The discussion took place before the Grand Chamber of the Council of State as part of a pilot trial, with the decision from the Supreme Administrative Court expected to affect all public employees. This matter reached the Plenary of the Supreme Administrative Court following an application by ADEDY, which intervened on behalf of a public employee who sought legal recourse. Through the appeal, it is requested that the obligation of the state to pay compensation corresponding to holiday and leave bonuses for the years 2023 and 2024 be recognized due to the legislature’s failure to restore these bonuses to the levels set by law 3205/2003. During the discussion, the case rapporteur, Counsellor of State Ioannis Michalakopoulos, thoroughly analyzed all legal issues, emphasizing European legislation (Charter of Fundamental Rights of the EU) and Directive 2022/2041 regarding adequate minimum wages in the European Union. ADEDY’s lawyer argued that the economic conditions of 2012, when the bonuses were abolished, no longer apply and pointed out the government’s omission, especially given available budget surpluses. Furthermore, she noted that the non-restoration violates both constitutional and European law. On the other hand, the lawyers for the state raised questions about the jurisdiction of the Supreme Administrative Court, arguing that ADEDY essentially seeks legislative action from the government. They emphasized that not reinstating the bonuses does not violate constitutional or supranational provisions while highlighting the potential annual fiscal cost of €1.37 billion without employer contributions and €1.55 billion including them. Additionally, they argue that public employees are governed by specific legislation under their special service status (Article 103 of the Constitution), distinguishing them from private sector employees. They maintain that withholding these allowances is legitimate and justified, serving the broader public interest within the framework of the economic and social policy defined by the legislature based on financial conditions and prevailing socioeconomic circumstances. The Plenary’s decision from the Supreme Administrative Court is anticipated in the coming period.
SC: What Was Discussed About Restoring the 13th and 14th Salary for Public Employees
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in Greece