Trial Work and Third-Country Nationals: Where Does Greek Labour Law Draw the Line?

Labour shortages across various sectors have led many employers to explore the recruitment of third-country nationals. While this may provide a practical solution to workforce needs, it also raises important compliance issues, particularly during the early stages of the hiring process.

A recent decision of the Athens Administrative Court of First Instance (Decision No. A2058/2026) provides useful guidance on the limits of “trial work” and the interaction between labour and immigration law. The case concerned administrative fines imposed on an employer following a labour inspection that revealed the presence of two third-country nationals working at the company’s premises without having been registered in the personnel records.

The employer argued that the individuals were in the process of being integrated into the legal residence permit framework and that their presence at the workplace was intended to assess their suitability for the position before proceeding with their formal employment.

The Court rejected this argument, holding that the process of obtaining a residence permit cannot justify the provision of undeclared work. According to the Court, an employer cannot rely on an informal or “trial” period during which an individual performs actual work without the prior fulfilment of the applicable labour and social security obligations, even where the intention is to proceed with lawful employment at a later stage.

Particularly noteworthy is the Court’s observation regarding the assessment of third-country nationals’ ability to perform the work offered. According to the Court, the responsibility for assessing a candidate’s suitability lies with the employer and depends on the specific characteristics of the position in question. Such assessment may be conducted through interviews or by demonstrating previous experience in similar work. However, it cannot take the form of undeclared work performed for a prospective employer, even where the employer intends to proceed with a lawful employment relationship at a later stage.

The decision also highlights the close interaction between labour and immigration law. In the Court’s view, third-country nationals constitute a category of workers that may be particularly vulnerable to undeclared employment practices, which justifies the strict application of the relevant legal framework.

For employers, the ruling serves as a timely reminder that recruitment procedures involving third-country nationals must be carefully structured from the outset. Compliance with immigration requirements does not replace – or suspend – compliance with labour and social security obligations. Both frameworks must be considered simultaneously throughout the hiring process.