Paraskevi Politaki & Associates Law Offices: Employment law

T he most common violation is the abusive exercise by the employer of his managerial prerogatives. Since the contract of dependent employment between an employer and a employee cannot regulate exhaustively, all the terms for the provision of labour, it is at the employer’s discretion, when exercising his managerial prerogatives, to specify such, in order to ensure the appropriate organisation and operation of the business. However, the employer must exercise his managerial prerogatives fairly, within the framework of the employment contract, labour laws, collective work agreements, the company’s work regulations, the long-standing practice of the company, etc.

T herefore, the managerial prerogatives have a distinct functional nature and their exercise is in principle legitimate. If, however the employer aims, when exercising his managerial prerogatives, at fulfilling motives that lie outside the aforementioned framework, the exercise of such rights, is considered abusive (e.g. when an order aims at reprisals against an employee or the satisfaction of another objective that is unrelated to the employee’s performance, or when the employer’s orders have onerous results for the employee, etc.).