The Athens First Instance Court issued a landmark decision that protects workers aged 65 to 74, who are employed through DYPA programs to complete their retirement contributions, prohibiting their dismissals. This first instance decision is expected to trigger a wave of claims from thousands of workers who will want to leverage the same opportunity to complete their required insurance time.
What the Athens court decision provides for DYPA program workers over 65
According to reporting by Antonis Vasilopoulos in the “Apogeumatini” newspaper, with decision 2140/25 the court recognizes that the main objective of DYPA’s employment program is to complete workers’ required pension time, so they can establish their retirement rights. The program provides substantial direction for maintaining jobs until each worker’s retirement, provided the employer wishes to continue contracts after the subsidized 24-month period expires.
According to the court’s judgment, these contracts are not subject to the continuation prohibition provided in articles 103 paragraphs 7 and 8 of the Constitution and in article 36 of law 4765/2021, as the need for special protection of old age and the right to social security, as defined in articles 21 paragraph 3 and 22 paragraph 5 of the Constitution, takes precedence. The principle of proportional equality arising from article 4 paragraph 1 of the Constitution is also considered.
DYPA employment contracts: Workers over 55 demand to remain until retirement
According to lawyers Alexis and Angeliki Mitropoulou, documents submitted by the workers show they were hired by the municipality with full-time private law fixed-term contracts, within the framework of an OAED (now DYPA) grant program for employing long-term unemployed aged 55-68. The first employee (55 years old, PE Administrative) was hired on 8-4-2022 and the second (63 years old, DE Office Staff) on 21-3-2022.
Both worked eight hours, five days a week, for 24 months, covering permanent and continuous needs of the municipality. However, after the 24-month period elapsed (7-4-2024 for the first and 21-3-2024 for the second), the municipality announced it would not continue accepting their services.
The workers argue that their contracts do not conclude with the completion of 24 months, as their goal is to establish their retirement rights. Specifically, the first employee will establish reduced pension rights on 16-8-2028 (at age 62) and the second will retire on 14-2-2026 (at age 67).
The workers requested temporary regulation of the situation, requiring the municipality to accept their work, in the same duties and position they held on their last day of employment, paying their legal wages, until a final decision is issued. To date, the applicants continue working based on a temporary order, while decision number 2140/2025 was issued within the framework of the interim measures application they had filed.
Necessity in employment
With decision number 2140/2025, the Single-Member Athens First Instance Court (Interim Measures Procedure) ruled that employing the applicants is necessary for the municipality’s operation, as they cover permanent and continuous needs and have acquired significant experience in their duties. Additionally, the municipality declares satisfaction with their service provision. Continuing employment is essential for the applicants, not only to cover their current living needs, but mainly to establish their retirement rights, which was the program’s basic purpose.
Landmark decision 2140/2025: Mandatory temporary employment of workers until retirement
The municipality’s claim that the applicants’ contracts expire after 24 months, when the subsidy ceases, is unfounded. The court ruled that “the expiration of the applicants’ subsidy after two years from their hiring does not prevent continuation of the employment relationship with the municipality, provided it expresses the will to retain them in their jobs.” Furthermore, continuing employment aligns with the program’s purpose and is interpreted through the lens of articles 21 paragraph 3 and 22 paragraph 5 of the Constitution, given the municipality’s probable desire to continue their service provision.
The significant decision 2140/2025 concludes that “there is reason to temporarily regulate the situation, obligating the municipality to temporarily accept the applicants’ services and pay their legal wages, until issuing a final decision on the main case. In case of delay in issuing the final decision, the applicants’ temporary employment continues until 16-8-2028 for the first and 14-2-2026 for the second, dates when they are likely to have completed the required time for retirement.”
Additionally, the court orders that the municipality will pay automatically, once, a monetary penalty of 3,000 euros for each applicant in case of non-compliance with this obligation, while the applicants’ court costs are borne by the municipality.
