Greece’s Council of State rejected the appeals by the public sector employees union and a teacher who claimed the return of the Christmas and summer bonuses that amount to two monthly salaries per year.
The so-called 13th and 14th salaries were cut in 2011 as a requirement for Greece’s first bailout program. Since then, the public sector employees union (ADEDY) and several individuals filed claims for the reinstatement of the bonuses. The appeals intensified when the Greek economy returned to the path of normalcy.
The appeals for the reinstatement of the 13th and 14th salaries were based on the claim that their cut violated the Constitution. The Council of State, however, decided that the cuts do not violate the Constitution, therefore the rejection of the bonuses’ reinstatement is not unjust.
The Plenary Session of the Council of State took place with closed-doors, with the the Supreme Court of Cassation ruling that the non-payment decision does not constitute adverse discrimination nor violates the Constitution.
The publication of the Plenary Session of the Council of State decision is expected in the near future.
The decision affects the wider public sector
The case concerned the wider public sector and began with a lawsuit filed by a teacher against the State, regarding summer holiday and Christmas bonuses. An independent application by another teacher, one of approximately 700,000 public sector employees, who requested the reinstatement of the bonuses and payment of compensation for the years 2023–2024, in accordance with Law 3205/2003, was also rejected.
ADEDY intervened in favor of the teacher, representing all public sector employees in Greece, and participated as a party in the proceedings before the Council of State. The case was examined by the 29-member Plenary on June 5, 2025, under the chairmanship of Michalis Pikramenos and with the rapporteur, State Counselor Ioannis Michalakopoulos.
The Plenary of the Council of State, examining whether the non-reinstatement of the disputed bonuses to public sector employees is contrary to the Constitution, Greek legislation and EU law, ruled negatively. The State Counselors ruled that the non-payment of the 13th and 14th salaries to public sector employees does not constitute adverse discrimination against those employed in the private sector and does not violate European Directive 2022/2041/EU.
It was also emphasized that public sector employees are governed by a special salary regime and constitute a different category of employees from that of private sector employees.
According to the judges, the freezing of the 13th and 14th salaries does not violate the constitutional principles of equality, proportionality, human dignity, and equality in public burdens. The failure to restore the bonuses, according to the Plenary of the Council of State, does not violate the decent standard of living of employees, nor does it violate their right to contribute equally with other citizens of other social groups in fulfilling their duty to national and social solidarity.
The fiscal burden
The State Counselors examined the amount of the fiscal burden for the case in which the benefits were restored to employees of the broader public sector in Greece.
The Supreme Court judges examined and analyzed the claims and financial data provided by the State, which indicate that the reinstatement of the bonuses will have a permanent annual fiscal burden of 1.37 billion euros, without taking into account employer contributions. And if these are also included, then the total burden will amount to 1.55 billion euros. Ultimately, they concluded that the fiscal figures are not mature enough to commit to such a large financial burden.
Furthermore, ADEDY had argued that the reinstatement of the bonuses must be done, as this is required by European Directive 2022/2041/EU on “equal treatment of workers in the private and public sectors, with regard to ensuring an adequate minimum wage, which guarantees their dignified living”. Characteristically, during the discussion of the case, the ADEDY side had pointed out that, among other things, it is possible to restore the bonuses to public sector employees, as there are fiscal surpluses and the economic circumstances of 2012, which led to the cut of bonuses, no longer exist.
The State’s position
The State side had argued that the non-reinstatement of the benefits in question does not violate constitutional or supra-legislative provisions, as well as that public sector employees in Greece are governed, in terms of their salaries, etc., by a special legislative regime, within the context of their particular service status (in accordance with article 103 of the Constitution), thus constituting a different category of employees from that of private sector employees.
At the same time, the State had argued that the non-reinstatement of the 13th and 14th salaries is legitimate and completely justified, as it serves the public interest, while at the same time being part of the economic and social policy that the legislator has outlined, based on the fiscal situation and the prevailing socio-economic conditions in Greece.