Recruitment of Third-Country Nationals for Dependent and Seasonal Employment in Greece through Temporary Employment Agencies (TEAs): All Changes Introduced by Law 5275/2026

Law 5275/2026 introduced a significant reform of the framework governing the recruitment of third-country nationals for dependent employment in Greece, aiming to maximize the utilization of recruited labor within EU Member States, while simultaneously enhancing the attractiveness of European labor markets for the inflow of workforce from third countries.

A major innovation within this framework is the introduction of Temporary Employment Agencies (TEAs), acting as direct employers (Article 27 of Law 5038/2023), into the recruitment procedure, provided that, prior to the submission of the recruitment application(s), a cooperation agreement has already been concluded between the TEA and the indirect employer, and that the TEA meets the specific requirements set out in the aforementioned provisions, as well as in the relevant Joint Ministerial Decision.

More specifically, TEAs are now entitled to utilize the recruitment procedure, acting on behalf of another employer with whom they have already entered into a contractual cooperation (prior to the submission of recruitment applications). A TEA wishing to participate in the recruitment process as a direct employer must, at a minimum, meet the following requirements:

i) it must be a legal entity lawfully operating in Greece in accordance with Chapter C of the Labour Code (Presidential Decree 62/2025, Government Gazette A’ 121). The provisions of Article 27 do not allow TEAs established as natural persons (as otherwise permitted under the applicable TEA legislation) to make use of the recruitment procedures,

ii) the legal entity (TEA) must have a share or corporate capital of at least one million (1,000,000) euros,

iii) it must provide evidence that no criminal prosecution has been initiated against its management or that its management has not been convicted, at any level, for the offense of illegal trafficking of third-country nationals, and

iv) it must comply with the requirements set out in the Joint Ministerial Decision of paragraph 29A of Article 176.

In this context, it should be noted that the competent authorities of the Ministry of Labour and Social Security will verify compliance with the above conditions for a TEA to participate in the recruitment procedure and will issue a certification (valid for one year from issuance), which must be submitted as part of the recruitment application and accompany the supporting documents required under the ministerial decisions of paragraphs 1 and 29 of Article 176 of Law 5038/2023. Consequently, within the framework of the recruitment procedure, the term “direct employer” of a third-country national includes not only natural or legal persons, but also employers who enter into employment contracts or dependent employment relationships with temporary workers for the purpose of assigning them to third-party indirect employers, and who constitute legal entities operating a Temporary Employment Agency lawfully in Greece in accordance with Chapter C of the Labour Code (Presidential Decree 62/2025, Government Gazette A’ 121).

The recruitment procedure, where the direct employer is a TEA, is as follows:

• Initially, the TEA submits an application to the competent service of the Ministry of Labour and Social Security, in accordance with Articles 27 and 61 of Law 5038/2023, and, provided that it meets the requirements of the Immigration Code, obtains certification confirming its capacity to act as a direct employer on behalf of an indirect employer within the recruitment process.
• Subsequently, on the basis of this certification, the TEA concludes a bilateral agreement with the indirect employer, the minimum content of which is defined in Article 125 of the Labour Code, on whose behalf it will proceed with the recruitment of the third-country national(s) as prospective employees.
• The TEA, acting as the direct employer, submits for each recruited candidate employee the following:

i) a valid employment contract of at least six (6) months in Greece, signed by the competent legal representative of the TEA, indicating that the remuneration of the recruited third-country national is at least equal to the monthly earnings of an unskilled employee or worker, as applicable, as determined by Articles 141 and 141A of the Labour Code (Presidential Decree 62/2025, Government Gazette A’ 121),

ii) a copy of the tax return of the legal entity (i.e. the TEA). This tax return is not assessed as to the TEA’s ability to cover wage costs, since such capacity is evaluated based on the corresponding documentation of the indirect employer,

iii) the agreement between the TEA and the indirect employer, the minimum content of which is defined in Article 125 of the Labour Code, and

iv) a personal income tax assessment notice or a copy of the tax return of the indirect employer, demonstrating its ability to ensure payment of the agreed monthly remuneration, in accordance with the TEA–indirect employer agreement, with the Joint Ministerial Decisions of paragraphs 29 and 29A of Article 176 applying accordingly.

It is emphasized that this procedure aims to facilitate employers wishing to utilize the recruitment mechanism by providing greater flexibility, as TEAs will be able to support employers in matching prospective workers from third countries with employers in Greece, thereby reducing the cost of workforce sourcing, particularly in cases where an indirect employer requires a large number of recruited workers. It is further noted that the Joint Ministerial Decision of paragraph 29A of Article 176 of Law 5038/2023 will define, in addition to any supplementary criteria for the participation of TEAs in the recruitment procedure, the sectors of employment in which TEAs may operate as direct employers under this scheme, provided that they meet all legal requirements. Finally, it is underlined that TEAs, as direct employers under Law 5038/2023, are subject to the sanctions set out in paragraphs 9, 10 and 11 of Article 23 of the same law, with corresponding obligations also imposed on the indirect employer pursuant to the agreement between the TEA and the indirect employer, regardless of whether the recruitment concerns seasonal workers or workers under dependent employment, depending on the sectors in which TEAs will be permitted to operate under the aforementioned Joint Ministerial Decision.

*Our law firm has extensive experience in all matters relating to immigration law and residence permits (issuance and renewal of residence permits, recruitment procedures, regularization of irregular migrants, acquisition of Greek citizenship, lifting of deportation orders, objections against detention of foreign nationals, etc.). For further legal advice or to assign your case to our firm, you may contact us at +30 2313 079293 or via email at info@siopi-law.gr. Please note that, pursuant to the Lawyers’ Code, the provision of legal advice without the corresponding fee is prohibited (Article 57 of Law 4194/2013).*

Dafni I. Siopi

Attorney at Law, LLM

Thessaloniki branch:

52 Tsimiski Street – Thessaloniki

+30 2313 0792923, +30 6977 568673

info@siopi-law.gr, dsiopi@siopi-law.gr

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