Cuts on Greek Public Sector Employees’ One-Off Benefit Illegal

Thousands of former public sector employees found justice after it was deemed that the cuts on the one-off financial benefit (EFAPAX) were unconstitutional, and against the state’s obligations to ensure every citizens’ social security. While the Greek government announced that next month it would give 20,521 civil servants the one-off financial benefit, the Court of Auditors issued its decision declaring that cutting part of the EFAPAX was completely unconstitutional. The Court of Auditors’ decision vindicated thousands of former public sector employees while it also started a tsunami of financial consequences for the government, creating huge “black holes,” which will probably increase on a daily basis, especially after the High Courts of Greece issue similar decisions. Throughout this financial turmoil, there have also been certain final judicial decisions that vindicated tens of thousands of officials and judges who have had their salaries retroactively cut. The reason behind the Court’s decision is that the civil servants one-off financial benefit cuts are unconstitutional because this specific benefit is accumulated throughout the years by withholding a small part of every employees monthly salary. Therefore, this money belongs to those employees and not to the government. The Court of Auditors judges stated that “the Greek government, regardless of the pressure from extra-institutional factors cannot, under any circumstances, take money from citizens. The EFAPAX has been withheld from the salaries of public employees during their working career. It is the fruit of their labor and their insurance for their later years. The judges concluded that legally, the EFAPAX cuts-offs are a total violation of the concept of state welfare and the rule of law.

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