Courts find pay cuts for ESY doctors based on unconstitutional law

A 2017 law’s provisions on salaries of doctors working under the Greek Health Service (ESY) is unconstitutional, as their salary cuts were calculated on the wrong premises, Greek first-instance courts said.

Earlier court cases had forced the restitution of salaries related to the years 2015-2016 that were reduced under law 4093/2012, found by courts to have also been unconstitutional. The 2017 law on specialised salaries based its calculations on smaller net revenues for ESY doctors.

The example given to illustrate the courts’ decision is as follows: An ESY doctor heading a department collects a monthly salary of 3,103 euros gross under the new specialised salaries list. Under the 2012 law, he received 3,283.20 gross salary. According to the 3205/2003 law, which did not incorporate any reductions in salaries, he should have been receiving 3,860.11 euros.

The ESY doctors’ attorney Ioannis Toudziarakis said in a statement that “once again, the courts were not led astray by the superficial changes of law 4472/2017 for purported increases of gross income, which actually lead to a lower net income.”