Social Security Law
Social Security Law appears more relevant than ever, not only because of the radical restructuring and regrouping of the organizational structures of the social protection system and the substantial requirements for social security benefits, but, mainly, because the effective protection of the property rights of individuals should be examined under the light of the latest legislative and jurisprudential developments, that occur on a daily basis.
KREMALIS-Law Firm is closely monitoring the Greek, European and international legal developments, provides legal services in the field of Social Security Law for legal entities and insured individuals (civil servants, employees, self-employed professionals, farmers, seamen, etc.) and all social security institutions (GLK, IKA, OAEE-TEVE-TAE-TSA, TSAY, TSMEDE, TAN, NAT, OGA, etc.), which have already been included to the National Social Security Institution (EFKA) featuring the valuable experience in dealing with cases pertaining to the cap in a lump sum benefit (3-4-5/2007 decisions of the Supreme Special Court) and pensions (Administrative Court of First Instance of Athens Decision 1889/2008), reductions or adjustments to social security benefits (Administrative Court of First Instance of Athens Decision 9696/2010), double illegal social security contributions, overpaid contributions refunds, illegal withholding of a widow's pension due to debts from letters of guarantee of a deceased insured person (Administrative Court of First Instance of Athens Decision 228/2022) etc.
Our firm approaching issues related to Social Security Law, provides legal support to clients, covering the full scope of procedures and actions, related to the safeguarding and protection of their relevant rights.
We undertake the resolution of cases involving:
- Preventive legal counselling on the choice of the appropriate social security institution and social security classification category (single, mixed, heavy) and class.
- Preventive legal counselling as to the prospects of retirement.
- Preventive advisory support to businesses for the rational management of labor and social security issues and the fullest possible relevant protection of their staff’ s relevant rights.
- Monitoring and supervision of the entire pension process, from filling the pension application until the issuance of the decision by the social security institution.
- Initiation of administrative proceedings to solve social security and pension issues (exercise of complaints-administrative appeals before the competent social security bodies for the return of overpaid social security contributions (including main and supplementary pension and welfare-healthcare sectors) improper subjection to social security schemes, denial of social security benefits, incorrect calculations of the pensions’ amounts due etc.).
- Launching judicial proceedings pertaining to relevant legal issues for individuals or legal entities. Exercise of all necessary legal remedies (both for interim and permanent judicial protection).
Latest Issues (FAQ)
- Will increases in social security contributions be implemented? - According to the current legislative framework, an increase in contributions is foreseen from 01.01.2023 to 31.12.2024, which will be increased annually by a declaratory order of the Minister of Labour and Social Affairs by the rate of change of the average annual general consumer price index of the previous year.
- What happens if I go into labor redundancy? Your basic salary will be reduced and your retirement prospects will be altered.
- Are there any social security time redemptions to my benefit? It is definitely to your benefit as far as the foundation of your right to a pension is concerned. However, it is still debatable whether it is beneficial in ensuring additional pension.
- Should I, as an employee, choose to receive a temporary pension and when will this be due? The temporary pension offsets the time hassle until the final decision and will normally be issued within 45 days.
- Is it to my benefit to work as a pensioner and what would the consequences be as far as the payment of my pension is concerned? The employment of pensioners leads, depending on age, to the suspension or the reduction in the amount of pension granted, but may be advantageous depending on the particularities of the case.
- What documents should I attach to my retirement application? It is advisable to provide the social security institution with additional documents, in order to assist the competent bodies to gain faster understanding of your case, especially when contributions to successive social security institutions have been made.
- What should I look for when I receive the retirement decision? The correct calculation of the pension and the correct count of the years of social security contributions are extremely important, when it comes to the validity of the retirement decision.