Labour Administration Convention, 1978 (No. 150) - Greece (RATIFICATION: 1985)

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The Committee notes the Government’s indications, in reply to its previous requests, concerning recent initiatives with the ILO, i.e. a high-level tripartite meeting concerning social dialogue and collective dismissals, etc., and concerning the activities of the Greek Manpower Employment Organization (OEAD) (Articles 1 and 2 of the Convention).

Articles 4, 5, 6, 9 and 10. Coordination of the system of labour administration in consultation with the employers’ and workers’ organizations and resources at the disposal of the labour administration staff. The Committee previously noted that the Government is in the process of implementing the restructuring of administrative units and services, which includes, inter alia, a complete design of the new organizational chart with a detailed description of new posts, missions, powers and responsibilities of each directorate, section and post. In this regard, the Committee notes the Government’s indication that, in the framework of this restructuring, Presidential Decree No. 113/2014 governing the Statute of the Ministry of Labour, Social Security and Welfare has been issued and published in the Official Gazette. It further notes that instructions have been given to several ministries, including the Ministry of Labour, Social Security and Welfare with regard to the classification, distribution and placement of new positions and management positions.

The Committee also notes the Government’s information that the system “Ergani” which enables the online registration of information on the employment relationship and the terms and conditions of employment has enabled the collection of comprehensive labour market data and the considerable reduction of administrative costs. The Committee further notes that, according to the Government, the establishment in 2014 of the Government Employment Council, a Council composed of several ministries with the engagement of the social partners, should contribute to the broader coordination of policies in the areas of collective bargaining, wages, social security and employment with a view to addressing as effectively as possible the situation in the country. The Committee requests the Government to provide an organizational chart of the Ministry of Labour, Social Security and Welfare, and describe in detail the impact of the restructuring on the allocation of financial resources, the number, status and conditions of service of the staff of the labour inspection system (including information on the classification, distribution and placement of staff, the legal provisions governing their statute, etc.). The Committee also once again requests the Government to provide information on the involvement of the social partners in the restructuring of the labour administration system.

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Recent developments. Technical assistance. The Committee notes with interest from the Government’s report under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that a High-level Seminar “Tackling the job crisis in Greece: Which ways forward?” and a “Workshop on promoting sound industrial relations and social dialogue in times of crisis” were organized by the ILO with support from the European Union (EU) in Athens on 25 and 26 June 2013, respectively; that a letter of intent was co-signed by the Minister of Labour, Social Security and Welfare, the ILO Director-General and the Head of the European Commission (EC) Task Force for Greece, whereby the Greek Government invites the ILO to provide technical assistance for the design, implementation and monitoring of reforms in the area of social dialogue and labour inspection; and that a cooperation agreement, including social dialogue as one of the thematic areas, between the ILO and the Greek Government with the assistance of the EC Task Force is currently under negotiation. Furthermore, the Committee welcomes the appointment by the ILO Director-General of an ILO Senior Liaison Officer in order to ensure effective delivery of the promised support to the Government and social partners. The Committee requests the Government to provide detailed information on the type of support provided by the ILO, the areas of focus and the impact produced with regard to the effective application of the Convention in law and in practice.

Articles 1 and 2 of the Convention. Abolition of the “Workers’ Housing Organization” (OEK) and the “Workers’ Social Fund Home” (OEE). Continuation of their activities. The Committee notes from the Government’s report that the Manpower Employment Organization (OAED) became the full successor of the OEK and OEE and will ensure the continuation of their activities, as well as the information provided on the distribution of the revenues of the “Special Account for the implementation of social policies” (ELEKP) and on the structure of the committee established for the operation of the ELEKP. The Committee also refers to its comments under Convention No. 98 on this question. The Committee requests the Government to keep the Office informed of the OAED activities and of their impact on the application of the Convention.

Articles 4, 5, 6, 9 and 10. Coordination of the system of labour administration in consultation with the employers’ and workers’ organizations and resources at the disposal of the labour administration staff. The Committee notes from the Government’s report that the Government is in the process of implementing the restructuring of administrative units and services, which includes, inter alia, a complete design of the new organizational chart with a detailed description of new posts, missions, powers and responsibilities of each directorate, section and post. Furthermore, the Committee notes with interest the information provided on the pilot information system “Ergani” which is aimed at ensuring the online registration of information on the employment relationship and the terms and conditions of employment. The Committee once again requests the Government to provide information on the number, status and conditions of service of the staff of the labour administration system, and on any steps taken to ensure that this restructuring is carried out in consultation with the organizations representing the workers in the labour administration so as to mitigate any adverse consequences of austerity measures on their employment and working conditions and to plan, to the extent possible, their occupational future in the light of the country’s opportunities.

Furthermore, the Committee once again requests the Government to provide information on any steps taken or envisaged to ensure that the policies pursued in the areas of collective bargaining, wages, social security and employment are closely coordinated with a view to addressing as effectively as possible the grave circumstances with which the country is currently faced.

Article 10(1). Qualification and training of the staff of the labour administration system. The Committee once again requests the Government to communicate the results obtained through the design and implementation of operational programmes under the European Social Fund (ESF) in the areas of human resource development and education and life-long learning.

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The Committee takes note of the Government’s report dated November 2011, which was received in the Office on 23 February 2012 and contained a reply to the comments made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in a communication dated 28 July 2011. It also notes the Government’s report dated 31 August 2012.

Articles 1 and 2 of the Convention. Abolition of the Workers’ Housing Organization (OEK) and the Workers’ Social Fund (OEE) in the framework of austerity measures. The Committee notes that according to the Government’s report of 31 August 2012, the OEK and OEE, which are described by the Government as public bodies corporate under the supervision of the Ministry of Labour and Social Security, were abolished and their competences transferred to the Manpower Employment Organization (OAED) by virtue of Act No. 4024/2012 and Ministerial Cabinet Decree No. 7/28-2-2012. The Committee recalls that the OEK and OEE were managed by tripartite boards on the basis of Acts Nos 2091 of 1992 and 2224 of 1994, which had been adopted following long-standing comments by the supervisory bodies under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), (Conference Committee on the Application of Standards, June 1995). In this regard, the Committee takes note of the conclusions and recommendations reached by the Committee on Freedom of Association at its 365th Session (November 2012) in Case No. 2820 concerning Greece. It notes from this case that according to the GSEE, these bodies were crucial to trade union social work and funding workers’ housing and that they provided an indispensable social function (e.g., nurseries, summer camps for children, social tourism for low-income workers during the low season, cultural activities including subsidized tickets for theatres, sports, libraries) which did not burden the state budget, being financed exclusively from employers’ and workers’ contributions. One of the functions of the OEE was to secure minimum financing for trade unions in order to support their operating needs; it has also been the main source of financing for the Organization for Mediation and Arbitration (OMED), enabling it to preserve its autonomy vis-à-vis the State to provide independent mediation and arbitration services for the resolution of collective labour disputes. The Committee refers to its comments under Convention No. 87 on this question. It also requests the Government to indicate, in its report under this Convention, any measure taken or envisaged to ensure the continuation of OEK and OEE projects under the auspices of the OAED, the changes made to the governance structure of these organizations, and whether and how the assets of the OEK and OEE have been distributed.

Articles 4, 5, 6, 9 and 10. Coordination of the system of labour administration in consultation with employers’ and workers’ organizations and resources at the disposal of labour administration staff. In its comments of 2011, the GSEE described a stifling economic environment in the labour market generated through unilateral legislative interventions which resulted in wage freezes and continuous erosion of workers’ income, redundancies and widespread precariousness. The GSEE referred to unprecedented unemployment levels (which in the meantime reached 25.1 per cent in July 2012 according to Eurostat, from 10.2 per cent in December 2009), which in turn deprived social security funds of vital resources thus making their future viability uncertain and leading to the withering of social dialogue into a summary and superficial procedure.

In its report received in February 2012, the Government refers to extensive budgetary cuts in the Ministry of Labour and Social Security which raise obstacles to the fulfilment of its mission and the proper functioning of its services. The Government also refers to the adoption of Act No. 4024/2011 on “Regulations concerning pensions, unified pay scale and grading system, labour reserve and other provisions for the implementation of the medium-term fiscal strategy framework 2012–15” which, according to the Government, attempts to restructure the system of matching activities with human resources and to connect such a system with a system of incentives related to career and pay in the public administration. The Government indicates that within the framework of Act No. 4024/2011, mainly section 35, a restructuring of the Central Service of the Ministry of Labour and Social Security and the OAED, which is the main social policy actor in the field of employment, is fully under way in an attempt to reduce the Ministry’s services by 30 per cent in order to satisfy the need to restructure and modernize the units of the Ministry of Labour and Social Security, improve its structure and operation and serve the citizens’ true needs. For this reason, a Restructuring Committee was established within the Ministry of Labour and Social Security in order to do a mapping of the existing organizational structure and needs in personnel and to identify the service units which are devoid of object or which have a clearly limited object. On the basis of the findings, a redeployment of classified posts by category and field is being undertaken in order to transfer staff with specific skills to service units that need to be reinforced. According to the Government, Act No. 4024/2011 also provides for automatic dismissals, pre retirement suspension of permanent public officials and the measure of the “labour reserve” for workers in the public sector under a private law contract (i.e., these workers will be paid 60 per cent of their basic salary without working for 12 months after which they will be dismissed). According to the Government, these measures deprive the public administration, including the labour administration, of capable and experienced personnel with know-how. According to the Government, new administrative needs are likely to arise from such dismissals and in combination with the freeze on public sector recruitment introduced by sections 10 and 11 of Act No. 3833/2010 and section 37(37) of Act No. 3986/2011, there will be consequences on the proper delivery of services to the citizens.

In its report of 31 August 2012, sent after the national elections of May and June 2012, the Government indicates that its primary choice is a new model for the organization and functioning of the State and of public administration with a view to providing the country with a rationally organized, functional and efficient administrative system that will serve the public interest, ensure social cohesion, simplify the decision-making process and provide, inter alia, upgraded services to citizens and businesses. Within this framework and in application of section 35 of Act No. 4024/2011, the Ministry of Labour participated (through the preparation of legislative provisions) in the drafting of the Bill on the “Reorganization of Ministries and Public Bodies Corporate” which is to be introduced in Parliament by the Ministry of Administrative Reform and E-Governance. This Bill aims at reorganizing and substantially modernizing the public administration, including the Ministry of Labour and Social Security, in order to achieve effective and rational organizational structures to the benefit of citizens and businesses. The ultimate goal of this effort is to strengthen the administrative capacity of the Ministry’s units in order to better serve citizens, by providing better quality services and increasing satisfaction levels and confidence in the administration. Furthermore, the best use of available resources and especially of human resources is one of the expected results.

The Committee takes note of the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2820 concerning Greece, according to which it is of critical importance, given the massive impact that measures like restructuring programmes, successive wage cuts and the labour reserve in the public sector can have, that the Government now engage in constructive dialogue with the social partners to consider appropriate steps for mitigating the consequences of these measures on their employment and working conditions and planning the occupational future of these workers in the light of the country’s opportunities [document GB. 316/INS/9/1, November 2012, paragraph 991]. The Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in this regard.

The Committee notes that according to Article 10 of the Convention, the staff of the labour administration system should have the status, the material means and the financial resources necessary for the effective performance of their duties. While being fully aware of the difficulties the country is currently facing, the Committee wishes to underline that sufficient resources for the labour administration system are important in conditions of austerity, unprecedented unemployment and mounting poverty which place increasing pressure on this system. It recalls from the conclusions on labour administration reached by the International Labour Conference at its 100th Session (2011) that experience from the recent financial and economic crisis has shown that labour administration has an essential role among government institutions, as good labour policies and efficient institutions can help to address difficult economic situations, by protecting workers and enterprises against the worst impact of an economic crisis and mitigating its economic and social consequences while facilitating economic recovery [paragraph 3 of the conclusions, Provisional Record No. 19, page 89].

The Committee requests the Government to provide detailed information on the impact of the current restructuring of the labour administration system on the effective performance of its functions and the number, status and conditions of its staff as well as on any steps taken to ensure that this restructuring is carried out in consultation with the organizations representing the workers in the labour administration, so as to mitigate any adverse consequences of austerity measures on their employment and working conditions and plan, to the extent possible, their occupational future in the light of the country’s opportunities.

Furthermore, recalling from its previous comments the need to ensure close coordination of policies pursued in parallel to the framework of structural reforms in the areas, for example, of collective bargaining, wages, social security and employment, the Committee once again urges the Government to indicate the steps taken to ensure an effective coordination of the functions and responsibilities of the system of labour administration in order to address as effectively as possible the grave circumstances with which the country is currently faced.

Article 10(1). Qualifications and training of the staff of the labour administration system. In its previous comments, the Committee noted the need to build capacities in the area of operational programmes under the European Social Fund (ESF) so that they can be managed in a results-based manner, taking into account that 50 per cent of these funds are devoted to human resource development and another major portion to education and lifelong learning. In its report, the Government indicates that the design of all ESF operational programmes contains monitoring and assessment indicators, a significant proportion of which is based on results. Operational assessments for ESF operational programmes managed by the Ministry are ongoing. The Committee requests the Government to communicate the results obtained through these operational programmes and the outcomes of their assessments once they are available along with information on any steps taken in order to address potential areas for improvement, including through training.

[The Government is asked to reply in detail to the present comments in 2013.]

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The Committee takes note of the comments made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in communications dated 29 July 2010 and 28 July 2011, as well as the Government’s reply dated 16 May 2011. It also takes note of the discussion that took place at the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It notes that the Conference Committee welcomed the Government’s indication that it was working on arrangements with the ILO for the visit of a high-level mission proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE concerning the application of 12 Conventions ratified by Greece, including the present one. The Conference Committee also considered that contact with the International Monetary Fund (IMF) and the European Union (EU) would assist the mission in its understanding of the situation (Provisional Record No. 18, Part II, pages 68–72).

The Committee takes note of the report of the high-level mission which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the IMF in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Committee on the Application of Standards.

Article 3 of the Convention. Matters regulated through direct negotiations between employers’ and workers’ organizations. The Committee notes that the Government replies to the comments made by the GSEE in relation to the scope of Article 3 of the Convention according to which particular activities in the field of national labour policy may be regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee refers in this regard to its comments under Convention No. 98.

Articles 4 and 9. Coordination and control within the system of labour administration. The Committee notes that the high-level mission report raises questions as to the coordination of policies pursued in parallel in the framework of the structural reforms in the areas, for example, of collective bargaining, wages, social security and employment policies. The Committee requests the Government to indicate in detail the steps taken to ensure the effective coordination of the functions and responsibilities of the system of labour administration in the context of the current reforms and the control of the activities carried out by any parastatal agencies as well as regional or local agencies to which particular labour administration activities may have been delegated.

Article 10. Status, material means and financial resources of the labour administration staff. The Committee notes that, according to the high-level mission report, retrenchments and wage reductions have affected the public sector in the current context. It also notes that a particular area of concern raised by the European Commission was the inefficiency of the labour administration and the lack of capacity to run operational programmes under the European Social Fund in a results-based manner, taking into account that 50 per cent if these funds were devoted to human resource development and another major portion to education and life-long learning. While being fully aware of the difficulties the country is currently facing, the Committee would be grateful if the Government would keep the Office informed of the impact of the public sector reform on the status, material means and resources of the staff of the labour administration with regard to the requirements established in Article 10 of the Convention.

The Committee also requests the Government to indicate the steps taken or envisaged to elaborate and run operational programmes under the European Social Fund in a results-based manner. It reminds the Government that it may avail itself of ILO technical assistance.

[The Government is asked to reply in detail to the present comments in 2012.]

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The Committee takes note of the Government’s report received on 18 November 2009 concerning developments which had taken place until 31 May 2009 (notably the reorganization of the employment services of the Manpower Employment Organization (OAED) through the creation of 121 one-stop-shops at local level (Act No. 3144/2003, Act No. 3518/2006 and Ministerial Decision No. 80030/2007), as well as the reorganization of the Labour Inspectorate (SEPE) (Act No. 3762/O.G.75A/15.05.2009).

The Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), with regard to the observations communicated by the Greek General Confederation of Labour (GSEE) with the support of the International Trade Union Confederation (ITUC) and the European Trade Union Confederation (ETUC) on the impact of the measures introduced in the framework of the mechanism to support the Greek economy.

The Committee notes in this regard that the abovementioned measures involve drastic wage cuts in the public sector including parastatal agencies and enterprises, freezes in the recruitment of public servants for the year 2010 and restrictions in this regard for the years 2011–13, as well as commitments to reduce the number of public employees, and introduce reforms in human resource management in the public administration (Act No. 3833/2010 on the “Protection of the national economy – Emergency measures to tackle the fiscal crisis” and updated report on the Memorandum of Understanding and the Memorandum of Economic and Financial Policy published on 6 August 2010).

The Committee will examine the comments by the GSEE along with the Government’s reply thereto, and the Government’s report at its next session. The Committee would be grateful if the Government would specify the impact of the public sector reform on the status, material means and resources of the staff of the labour administration with regard to the requirements established in Article 10 of the Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

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The Committee notes with satisfaction the information provided by the Government, which bears witness to the institutional efforts made during the period covered by the report to develop a system of labour administration including the delegation of certain activities to entities which are separate from the public labour administration. The Committee also notes with interest the information provided in response to its previous comments, in particular the full text of a national collective agreement covering various areas of labour legislation.

The Committee notes the setting up of a number of structures under Act No. 2874 of 29 December 2000:

-  a department responsible for employment issues in each district of the country;

-  an advisory council of experts on employment and social security at the Ministry of Employment and Social Protection.

As a result of the restructuring of the Organization for Employment of the Workforce (OAED) under Act No. 2956 of 6 November 2001, three agencies have been set up. One is responsible for facilitating the entry or reintegration of workers into the labour market; another is responsible for dispensing vocational training, including further training; and the third is responsible for carrying out research and studies with a view to providing the OAED and other bodies concerned with technological information and support.

Under Act No. 3144/2003 on social dialogue, two new committees have been set up at the Ministry of Employment and Social Protection: the National Tripartite Committee for Employment for promoting in particular employment and social protection, combating unemployment and delivering opinions on the national plan of action for employment and, in general, on employment policy and labour legislation issues; and the National Advisory Committee for Social Protection for combating poverty and social exclusion, which is responsible for social integration issues.

In addition, a social protection department has been set up to promote equality of opportunity, the national plan of action for social integration and the reintegration of persons belonging to particular population groups.

The Committee would be grateful if the Government would continue to provide information on any development in the system of labour administration and, in particular, any general observations considered useful on the manner in which the Convention is applied, by communicating documents or extracts of documents as requested by Part IV of the report form of the Convention, which refers in this regard to the guidelines contained in the Labour Administration Recommendation 1978 (No. 158), Paragraph 20.

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The Committee takes note of the Government’s report for the period ending in May 1999 and the legislation appended thereto. It would be grateful if the Government would provide further information on the following points.

Noting under Article 3 of the Convention that Act No. 1876-90 on free collective bargaining allows the conclusion of collective labour agreements between employers’ and workers’ organizations, the Committee would be grateful if the Government would state whether effect has been given in practice to this possibility and, if so, to provide a list of the collective agreements concluded under the above Act, to send a copy of one of them and to state what activities in the field of national labour policy are covered by these agreements.

Noting under Article 7 that natural persons who are not bound by a dependent work relationship but offer their labour in conditions of dependency and need the same protection as the other workers are also covered by Act No. 1876-90, the Committee asks the Government to provide information on the categories of workers to which such persons belong in relation to those mentioned in points (a) to (d) of this provision of the Convention.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee would be grateful if the Government would provide additional information in its next report on the organisation and activities of all administration bodies responsible for or engaged in the field of national labour policy (Ministry of Labour, public agencies, parastatal agencies, regional or local administrations, etc. - Article 1(b) of the Convention). Please indicate also any labour administration activities delegated or entrusted to non-governmental organisations, particularly employers' and workers' organisations (Articles 2 and 3). Lastly, the Committee asks the Government to indicate whether the system of labour administration covers workers who, in law, are not employed persons, particularly those mentioned in Article 7(a) to (d) of the Convention.

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The Committee takes note of the information furnished by the Government in its report. It would be grateful if the Government would provide additional information in its next report on the organisation and activities of all administration bodies responsible for or engaged in the field of national labour policy (Ministry of Labour, public agencies, parastatal agencies, regional or local administrations, etc. - Article 1(b) of the Convention). Please indicate also any labour administration activities delegated or entrusted to non-governmental organisations, particularly employers' and workers' organisations (Articles 2 and 3). Lastly, the Committee asks the Government to indicate whether the system of labour administration covers workers who, in law, are not employed persons, particularly those mentioned in Article 7(a) to (d) of the Convention.