Texts of pending comments

The Committee notes the observations provided by the Greek General Confederation of Labour (GSEE) received on 30 August 2019, and the Government’s reply thereto, as well as its reply to the GSEE observations of 31 August 2018. The Committee further notes the detailed observations provided by the GSEE and those received from the Hellenic Federation of Enterprises (SEV), both received on 31 August 2021.

The Committee notes that the Government’s report received just prior to its meeting in November, does not respond directly to the concerns raised respectively by the GSEE and by the SEV but indicates that it will do so in due course. The Committee therefore requests the Government to reply in detail to these observations and in particular to the points raised below.

Article 2 of the Convention. Right of workers to form and join organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government that Law 4635/2019 establishes the Register of Trade union Organizations and Employers' Organizations in the ERGANI information system of the Ministry of Labour and Social Affairs in accordance with the General Data Protection Regulation. The Committee also notes the GSEE and the SEV information that the legal framework for industrial relations in Greece was further modified in June 2021 by Law 4808/2021. Among other things, Law 4808 sets out the specifics for the registration of trade unions in section 83 making registration a precondition for the ability to negotiate and for trade union protection. The Committee notes that the SEV considers this provision to be an important step in modernizing the trade union movement, ensuring transparency and real representativeness of trade unions. The GSEE on the other hand considers that this legislation introduces additional anti-union measures on top of those already imposed under the Memoranda of the International Monetary Fund (IMF), the European Commission (EC) and the European Central Bank (ECB), imposing compulsory trade union registration as a precondition for the exercise of trade union rights (including trade union leave, protection against dismissal, collective bargaining and the exercise of the right to strike). The Committee trusts that the establishment of the electronic registry does not interfere with the rights of workers’ and employers’ organizations to form and join the organization of their own choosing and requests the Government to provide detailed information on the practical application of this new process, including the number of organizations registered following its introduction and, if applicable, the reasons for refusal to register any organizations.

Digital platform workers. While duly noting the GSEE concern that the legislation tends toward a presumption of non-dependent employment relationship for digital platform workers, the Committee notes with interest that, as regards freedom of association, the Law provides trade union rights also for those with independent contractor status, including the right to organize, to bargain collectively and to strike.

Article 3. Right of all workers’ and employers’ organizations to organize their administration and activities. The Committee notes that SEV welcomes the introduction in Law 4808/2021 of the provisions for remote participation and voting in a general assembly of members, which it considers to be a step towards modernizing the trade union framework. The GSEE, however, raises concern that the mandatory use of new digital technologies for trade unions has not legislated procedural guarantees for the access for all organizations to an adequate uniform digital voting system that ensures the individuality and secrecy of the ballot. The Committee requests the Government to provide information on the implementation of these provisions and any impact that they may have on the right of all workers’ and employers’ organizations to organize their administration and activities free from interference.

The Committee takes note of the detailed observations provided by the Hellenic Federation of Enterprises and Industries (SEV) and by the Greek General Confederation of Labour (GSEE), in communications received respectively on 31 August 2021. The Committee requests the Government to reply in detail to both these communications.

The Committee also takes note of the joint observations of the SEV and the International Organisation of Employers (IOE) received in 2019 and 2020, as well as of the GSEE observations received in 2019. The Committee notes the Government’s comments thereon.

Article 4 of the Convention. Promotion of collective bargaining. The Committee recalls that its previous comment followed up on the 2018 conclusions of the Conference Committee on the Application of Standards (the Conference Committee) concerning the compulsory arbitration system. The Committee notes the detailed information provided by the Government concerning the adoption of Act No. 4635/2019, which replaces the previous article concerning arbitration with article 57 permitting recourse to unilateral arbitration as a last resort and a subsidiary means of resolving collective labour disputes only in the following cases: (1) if the collective dispute concerns public interest or public utility enterprises the operation of which is vital for meeting the basic needs of society as a whole; and (2) if the collective dispute concerns collective bargaining between the parties which has definitively failed, the resolution which shall be imposed by reasons of general social or public interest related to the Greek economy. The Committee further notes that the definitive failure of collective bargaining is deemed to exist where the regulatory validity of any existing collective agreement has expired, any other means of conciliation and trade union action have been exhausted and the party seeking unilateral arbitration has participated in the mediation procedure and accepted the mediation proposal, and where the application for arbitration contains a full reasoning for the existence of conditions justifying the request. The Government reiterates the country’s longstanding respect and commitment to its international obligations and notes that it has benefited from the technical assistance of the ILO which further covered individual and collective labour dispute settlement systems.

The Committee further notes that the SEV acknowledges that this change in the application of the Convention was intended to align the current legal framework concerning compulsory arbitration with the decisions of the ILO.

However, according to the SEV, the recent law does not abolish compulsory arbitration, but only restricts its use by laying down procedural requirements. While the law refers to compulsory arbitration “as a last resort and a subsidiary means of dispute resolution”, the SEV asserts that this remains to be proved in application. The SEV adds that these changes do not restrict the scope for compulsory arbitration to enterprises “whose operation is vital to serve the basic needs of the community” but covers a wider range of sectors and extends it to a broader set of companies in the private sector. Additionally, the SEV alleges that while the new terms of the law add to previous conditions and obligations of “full and substantiated reasoning” the need for the arbitrator to take into account in particular the economic and financial aspects, the development of competitiveness and the financial situation of the weaker productive enterprises, to which the collective difference relates, the progress in reducing the competitiveness gap and the reduction in unit labour costs, these obligations have not been complied with by the arbitrators in recent years. The SEV considers that it is crucial that the applicable law is strictly observed and suggests that technical assistance and training under the auspices of the ILO may help in that regard. The SEV reiterates its position that the continuous application of unilateral recourse to compulsory arbitration highly undermines collective labour relations, distorts free collective bargaining and impedes the efficient function of the labour market. SEV has long advocated for free collective bargaining, which should be a tool for securing a growth outlook on new production and competitiveness bases. The existing system has highlighted its shortcomings and in its view has contributed decisively to the economic and social crisis. The SEV proposes the creation of an independent collective body, solely supervised and managed by the social partners. In its view, dispute resolution body must be separated from the supervision of the State and the Ministry of Labour. The social partners have kept the social dialogue active despite all the difficulties. As collective dispute resolution mechanisms are an extension of collective bargaining, it is important, in the context of enhancing social dialogue, to remain independent, impartial and objective, with administration and management that will contribute to the proper functioning of the labour market and avoid distortions and mistakes of the past.

The Committee notes the Government’s reply that it has fought to strike a balance between longstanding requests of social partners and its international obligations in line with the Committee’s previous observations. The Committee recalls once again that compulsory arbitration is only acceptable in certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis (see 2012 General Survey on the fundamental Conventions, paragraph 247). The Committee takes due note of the further steps taken to restrict the use of compulsory arbitration in Act No. 4635/2019 and of the continuing concerns of the SEV both as to the insufficiency of these steps and their inadequate practical application. In particular, the Committee observes that the proposal from the SEV for an arbitration system to be managed solely by the social partners highlights its concern that such a system can only be effective if it is independent and impartial and perceived to be so by both parties. The Committee considers that it is essential that all members of bodies entrusted with mediation and arbitration functions should not only be strictly impartial, but if the confidence of both sides on which the successful outcome of compulsory arbitration depends is to be gained and maintained, they should also appear to be impartial both to the employers and workers concerned. The Committee therefore invites the Government to continue to engage with the social partners, and to consider all possible options to bring this mechanism into full compliance with the obligation to promote free and voluntary collective bargaining. The Committee requests the Government to provide detailed information on the steps taken in this regard and reminds it that it may avail itself of ILO technical assistance.

Extension of collective agreements. The Committee notes that section 56 of Act No. 4635/2019 sets out the requirements for an application for extension of a collective agreement to include the applications emanating from a party bound to the agreement and documentation regarding the effect of the extension on competitiveness and employment. In making its decision, the Supreme Labour Council must deliver a reasoned opinion taking these elements into account and may exempt enterprises facing serious financial problems or in a process of restructuring.

The Committee further notes the SEV’s observations that the revival of the ministerial right to extend the coverage of sectoral agreements during the period 2018-2021 has given rise to a number of violations in practice, including: a violation of the existing legal framework concerning the procedure followed by the Government in order to check and certify the actual coverage of the employees concerned by a collective labour agreement and, therefore, its sufficient representativeness for extension; a lack of sufficient transparency on the representativeness check; in most cases none of the employers’ associations concerned submitted a request for extension; none of the employers concerned, to whom the agreement was applicable, were given the opportunity to submit their observations; and only recently have the signatories been asked to consult about the extension and provide their views about the possible extension of the collective agreement. The SEV asserts that this new approach should be established and become a standard practice. Lastly, the SEV considers that new legal provision of section 56 of Act No. 4635/2019 backtracks from the previous ministerial circular, that had been based on a mutual agreement of the national social partners with the Ministry of Labour, which restricted the extension to sectoral collective agreements and excluded arbitral awards and redefines the terms and conditions for the extension of collective agreements.

The Committee recalls Paragraph 5(2) of the Collective Agreements Recommendation, 1951 (No. 91), which provides that: national laws or regulations may make the extension of a collective agreement subject to the following, among other, conditions: (a) that the collective agreement already covers a number of the employers and workers concerned which is, in the opinion of the competent authority, sufficiently representative; (b) that, as a general rule, the request for extension of the agreement shall be made by one or more organizations of workers or employers who are parties to the agreement; and (c) that, prior to the extension of the agreement, the employers and workers to whom the agreement would be made applicable by its extension should be given an opportunity to submit their observations. The Committee requests the Government to reply to the detailed allegations made by the SEV in respect of the procedure established by Act No. 4635/2019 and its practical application.

Conflict of collective agreements. The Committee notes the additional information provided by the Government in relation to section 55 of Act No. 4635/2019 concerning the concurrence of collective agreements which provides that enterprise-level collective agreements shall prevail over sectoral agreements exceptionally in the case of enterprises facing serious financial problems or in the process of restructuring. The Committee requests the Government to provide information on the manner in which this provision is applied in practice, along with any opinions issued by the Supreme Labour Council in this regard and any statistics as to its use. The Committee further requests the Government to reply to the GSEE allegations that Act No. 4808/2021 sets out a new restriction of the right to free collective bargaining and the conclusion of collective agreements by introducing new criteria of representativeness, competence, existence, legal nature or status of workers’ and employers’ organizations, and the prohibition of the exercise of collective rights until the issuance of a final court ruling and the abolition of the determination of pay terms and conditions by the National General Collective Agreement.

Enterprise-level collective agreements and associations of persons. The Committee recalls its previous comments concerning Act No. 4024/2011 which provided that, where there is no trade union in the company, an association of persons is competent to conclude a company-level collective agreement and its request to the Government to indicate the steps taken to promote collective bargaining with trade unions at all levels. The Committee notes the statistical information provided by the Government which, it states, demonstrates a downward trend in the collective labour agreements concluded with associations of persons (from 137 in 2018 to 25 in 2020 and 20 in the first half of 2021) and an increasing number of agreements with enterprise-level unions (165 concluded in 2018, 134 in 2020 and 74 in the first half of 2021). The Committee observes however that the GSEE continues to raise concerns of the ongoing endorsement of associations of persons and their competence to exercise fundamental collective rights. While appreciating the statistical information provided, the Committee is bound once again to recall the importance of promoting collective bargaining with workers’ organizations, and requests the Government once again to indicate the steps taken to promote collective bargaining with trade unions at all levels, including by considering, in consultation with the social partners, the possibility of trade union sections being formed in small enterprises.

Digital platform workers. While duly noting the GSEE’s concern that the legislation tends towards a presumption of non-dependent employment relationship for digital platform workers, the Committee notes with interest that, as regards freedom of association, the law provides trade union rights also for those with independent contractor status, including the right to organize, bargain collectively and strike. The Committee requests the Government to provide information on the application in practice of the collective rights granted to digital platform workers.

Articles 1 and 3. Adequate protection against anti-union dismissal. The Committee notes the statistical information provided by the Government, in reply to its previous request, indicating that there was a total of 187 complaints of anti-union discrimination submitted to the Regional Directorates of the Labour Inspectorate for the period 1 January 2018 to 31 May 2021, 76 of which concerned complaints of impediment to trade union activity and 111 concerned protection of trade unionists (for example, cases of trade unionist dismissal). Sixty-five complaints have been resolved following recommendations from the labour inspectors, criminal complaints were drawn up in 32 cases and no solution was reached for 76 cases which have been referred to the civil courts. The Government adds that ten fines were imposed totalling €66,300. The Committee notes the comments of the GSEE that there has been a diminishing level of protection for trade union members and officers, and requests the Government to reply to these allegations and continue to provide information and statistics relating to complaints of anti-union discrimination and any remedial action taken.

The Committee reiterates the content of its direct request adopted in 2019, which is reproduced below.

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Impact of the structural reform measures on the application of the Convention. Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on the application of the equal pay legislative provisions, as well as on the levels of remuneration of men and women, both in the public and private sectors, with a view to determining the most appropriate measures to avoid widening, and to further close, the gender pay gap. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of an impact assessment of the austerity measures on the implementation of the Convention, as well as a widening of the gender pay gap and obstacles in women’s career development. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. Noting that the third economic adjustment programme ended on 20 August 2018, the Committee however notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (OHCHR, Press statement of 12 April 2019). While regretting that the Government did not undertake any impact assessment that could have been of assistance to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee requests the Government to take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to assess and address all the issues identified by the Committee on the application of the Convention. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and results achieved.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls that article 22(1)(b) of the Constitution and section 4(1) of Act 3896/2010 concerning the application of the principle of equal opportunity and treatment between men and women in terms of employment, provide that men and women are entitled to equal remuneration for work of equal value, but do not define the term “work of equal value” nor set criteria for assessing the respective value of different jobs. The Government previously indicated that such definition is left for judgments of national courts. The Committee takes note of the summary of decision No. 604/2017 of the Supreme Court, forwarded by the Government, where judges considered that “within the meaning of [article 22(1)(b) of the Constitution], any discrimination in the remuneration of those working for the same employer when providing the same work or work of equal value is prohibited”. It further notes that the European Commission recently highlighted that the notion of “work of equal value” is unclear to litigants and judges, so that in most cases the comparison concerns the same work, considering that the equal pay principle applies to workers employed by the same employer, who belong to the same category, have the same formal qualifications and provide the same services under the same conditions (European Commission, Country report on gender equality, 2018, Greece, page 27 and Report on the enforcement of the principle of equal pay for equal work or work of equal value, July 2017, page 44). The Committee recalls that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. While factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same or even comparable with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. It also recalls that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see General Survey on the fundamental Conventions, 2012, paragraphs 676–679 and 697–698). The Committee asks the Government to continue to provide information on the manner in which article 22(1)(b) of the Constitution and section 4(1) of Act 3896/2010 are applied or interpreted in practice by labour inspectors and labour courts, in particular the term “work of equal value”, and provide extracts of any relevant administrative or judicial decisions. The Committee encourages the Government to undertake awareness-raising activities and trainings to promote better understanding and improved application of the principle of the Convention by employers, workers and their respective organizations, as well as judges and law enforcement officers, by ensuring that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and the definition allows for jobs of an entirely different nature to be compared free from gender bias and going beyond the same employer. It asks the Government to provide information on any activities undertaken in this regard, as well as their impact on reducing the gender pay gap.

Article 2(2)(b). Minimum wages. The Committee notes with interest that, for the first time since 2012, the minimum wage was increased by 11 per cent as of February 2019 by Ministerial Decision No. 4241/127/2019, and the lower wage category for younger employees was abolished. It notes however that, pursuant to Law No. 4172/2013, changes were introduced in the process of setting the statutory minimum wage, which was traditionally determined through bilateral social partner agreements, and are now determined at national level by the Government, after consultation of social partners and other specialized institutions. As regards collective agreements, the Government adds that no violation of the principle of equal remuneration between men and women for equal value has been found. The Committee asks the Government to provide information on the manner in which it is ensured that in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men. It asks the Government to provide a copy of collective agreements fixing minimum wages. The Committee further asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that public administration employees are not classified by occupation but by category, branch and speciality and that, as provided for by Law No. 4354/2015 on Management of non-performing loans, salary adjustments and other urgent matters for the implementation of the budgetary targets and structural reforms agreement of 16 December 2015, the salary scale is determined on the sole basis of the years of service completed and formal qualifications. The Government adds that enterprises are not requested to use an occupational classification system to determine wages, as mentioned in section 4(2) of Act 3896/2010, and a mandatory application of this provision to enterprises, the majority of which are small or medium-sized enterprises, would cause problems to their functioning or be pointless. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria in order to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey, 2012, paragraphs 695–696). The Committee asks the Government to provide information on the method and criteria used to establish the classification of jobs of public administration employees and corresponding salary scales without gender bias, and to ensure that jobs mainly performed by women are not undervalued in comparison with jobs mainly performed by men but evaluated objectively on the basis of the work that they involve. It further asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, as well as on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes, from the information provided by the Government, that a training programme, several seminars as well as a two-day workshop were held in 2014 and 2015 for almost 200 labour inspectors on issues relating to equal opportunities and treatment for men and women in employment. It further notes that, in 2018, an awareness-raising campaign was undertaken by the General Secretariat for Family Policy and Gender Equality (GSFPGE) on the Equal Pay Day. Noting that as a result of section 12 of Law No. 4443/2016, the Ombudsman is now responsible for monitoring and promoting equal treatment not only in the public sector but also in the private sector, the Committee notes, from the 2018 special report of the Ombudsman on equal treatment, that the number of complaints on gender-based discrimination especially at the workplace, increased, representing 57 per cent of the total number of the complaints received by the Ombudsman. While observing that no information is available on the number of complaints specifically dealing with pay discrimination issues, the Committee takes note of a mediation made by the Ombudsman, and forwarded by the Government, concerning a case of gender pay discrimination where it was decided that a woman who had exactly the same duties as her male colleague was also entitled to receive the benefit corresponding to heavy and arduous job. The Government adds that in 2018, the labour inspectorate neither received nor detected any case or complaint on inequality of remuneration. The Committee wishes to recall that no society is free from discrimination and that the absence of cases or complaints could indicate a lack of an appropriate legal framework, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 871). In light of the apparent restrictive interpretation of the principle of the Convention made at national level, the Committee asks the Government to provide information on the content of training and awareness-raising activities undertaken in relation to the term of “work of equal value” and the scope of application of the principle of equal remuneration for men and women for work of equal value. It asks the Government to continue to provide information on the number of cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman or the courts, as well as the sanctions imposed and remedies granted.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Hellenic Federation of Enterprises (SEV) and the International Organisation for Employers received on 1 October 2020, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 August 2019.

Legislative developments. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the application of Law No. 4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019 which encourages public and private enterprises to draft and implement “Equality Plans” with specific strategies and targets to prevent all forms of discrimination against women and provides that the General Secretariat for Family Policy and Gender Equality (GSFPGE) can award “Equality Labels” to them as a reward for their engagement in favour of equal treatment, including equal pay for equal work, and balanced participation of women and men in managerial positions or in professional and scientific groups set up in the enterprise (section 21).

Article 2 of the Convention. Gender pay gap. Referring to its previous comments on the gender pay gap and the occupational gender segregation of the labour market, the Committee notes, from the statistical information forwarded by the Government, that while the gender pay gap decreased from 15 per cent in 2010 to 12.5 per cent in 2014, the average monthly salary of women remained substantially lower than that of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. It observes that, in 2018, the Hellenic Statistical Authority (ELSTAT) carried out a Labour Force Survey (LFS), but regrets that no updated information on the gender pay gap has been included in this survey nor has such information been published since 2014. The Committee notes that the GSEE highlights that the gender pay gap may be higher if data was properly collected, which demonstrates that there is an urgent need to establish an independent mechanism that will monitor this phenomenon, record and process targeted data already stored in existing information systems for employment and social security purposes. The Committee notes, from the 2018 LFS, that the employment rates for women slightly increased from 46.8 per cent in 2016 to 49.1 per cent in 2018, but remained 21 percentage points below that of men (70.1 per cent in 2018), being still one of the lowest employment rates for women among the European Union (EU average of 66.5 per cent), as highlighted by the GSEE. It further notes that women are still mostly concentrated in low-paid jobs, representing 61.2 per cent of clerical support workers but only 26.8 per cent of senior officials and managers and 9.1 per cent of board members of the largest publicly listed companies in the EU (Labour Force Survey of ELSTAT and European Commission, 2019 Report on equality between men and women in the EU, page 27). In this regard, the Government refers in its supplementary information to Law No. 4706/2020 on Corporate Governance, Capital Market Modernization, which is a transposition into the Greek legislation of Directive 2017/828 of the European Parliament and European Council, and measures for the implementation of Regulation (EU) 2017/1131 and other provisions, adopted on 17 July 2020, which provide that the eligibility criteria for the appointment of members of Boards of Directors shall include at least the adequate representation by gender indicated as not less than 25 per cent of the total number of members. The Committee also notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time is one of the highest in the EU which is reflected in the labour market by the fact that more than twice as many women as men are in part-time employment (13.2 per cent and 6 per cent, respectively in 2018). It welcomes the Government’s indication of the establishment of the SHARE Project (3.2.2020–2.2.2022), which aims to challenge traditional stereotypes and roles within the family and promote work and life balance, focusing on companies’ workplaces and their involvement in the promotion of gender equality and work-life balance. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that: (1) the gender pay gap and pension gap persist, and that this matter will be a priority in the new National Action Plan for Gender Equality 2021-2025, which is being elaborated; (2) employed women have low-paid and precarious jobs, with little room for promotion and are unable to develop professionally and educationally; and (3) women still undertake the bulk of domestic work and spend periods away from the labour market more frequently than men, which also impact their future earnings and pensions. It notes that, as a result, the NAPGE sets specific actions to examine the transferability of good practices to tackle the gender pay gap, such as an annual report on the gender pay structure, and the design of a “salary and wage calculator” which provides up-to-date and easily accessible information on the usual wages in different industries and regions. The Committee also notes SEV’s observation that with a view to changing the culture of stereotypes and gender segregation to tackle the gender pay gap, measures need to address gender stereotypes including through pre-school education and special educational programs on career orientation, as well as promoting young women’s access to science, technology, engineering and mathematics (STEM). While welcoming the adoption of the NAPGE, the Committee notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice highlighted the need for women’s equal access to the labour market and improved pay and conditions at work, and expressed specific concern at the persistence of the gender pay gap and the absence of women in leadership roles (OHCHR, Press statement of 12 April 2019). In light of the persistent gender pay gap and occupational gender segregation of the labour market, the Committee asks the Government to provide information on: (i) the application of Law No. 4706/2020 and its impact on the presence of women on Boards of Directors; and (ii) any other measures taken, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention. It asks the Government to provide information on the proactive measures implemented, including in the framework of the National Action Plan for Gender Equality for 2016–20 and for 2021–2025, to address the gender pay gap by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that regularly collecting, analysing and disseminating information is important for addressing appropriately unequal pay, determining if measures taken are having a positive impact on the actual situation and the underlying causes of the gender pay gap, the Committee requests the Government to take all necessary measures to provide updated statistical information on the gender pay gaps, both in the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Hellenic Federation of Enterprises (SEV) and the International Organisation of Employers (IOE) received on 1 October 2020, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 August 2019.

Articles 1, 2 and 3 of the Convention. Legislative developments. In its last observation, the Committee noted with interest the adoption of Law No. 4604/2019 on Substantive Gender Equality, Preventing and Combating Gender-Based Violence of 12 June 2019, which encourages public and private enterprises to draft and implement equality plans and provides that the General Secretariat for Family Policy and Gender Equality (GSFPGE) can award equality labels to public and private enterprises as a reward for achievements in the promotion of equality. It asked the Government to provide information on the application of this Law in practice, and particularly on sections 6, 7, 9, 17 and 21. In its supplementary information, the Government indicates that, in application of sections 6, 7 and 9 of Law No. 4604/2019 and its implementing circular: (1) two regional committees and 98 municipal committees for gender equality have been established to promote women’s rights at the local level; and (2) the appointment process of members of the National Council for Gender Equality (ESIF) has started. The Government adds that the adoption of equality plans by ministries is not yet compulsory, but that a programme is in place to ensure that the necessary expertise can be gradually acquired. The Committee notes the scope of the Act, which applies to persons who are employed or applicants for employment in both the public and private sectors, irrespective of the form of employment and nature of the services provided, as well as freelance professional persons and persons in vocational training or candidates for vocational training (section 17). The Committee asks the Government to continue providing information on the steps taken for the application in practice of Law No. 4604/2019, and particularly on: (i) the establishment, functioning, activities and impact of municipal and regional committees for gender equality and the National Council for Gender Equality; and (ii) the elaboration and implementation of equality plans by employers in both the public and private sectors, and the number of equality labels awarded by sector.

The Committee also noted with interest the adoption of Equal Treatment Law No. 4443/2016, transposing Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of race or ethnic origin, and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which replaces Law No. 3304/2005 and expands the list of prohibited grounds of discrimination with the addition of the following new grounds: chronic illness, ascendance, family or social status, and gender identity or characteristics (sections 2(2) and 3). However, the Committee also noted that section 4(1) of Law No. 4443/2016 provides that “a difference of treatment which is based on a characteristic related to any of the grounds of discrimination shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes an essential and decisive occupational requirement, provided that the objective is legitimate and the requirement is proportionate”. Consequently, the Committee asked the Government to provide: (1) information on the application of section 4(1) in practice, with examples of cases in which the provision has been used; and (2) copies of any relevant court decisions, and particularly any interpretation made of the terms “essential and decisive occupational requirement”, “legitimate objective” and “proportionate requirement”. In its supplementary information, the Government clarifies that a difference in treatment is justified through three criteria: (1) the reasons why the established characteristic constitutes an essential qualification; (2) the purpose of the specific characteristic; and (3) adequacy to the principle of proportionality. The Government also refers to two Ombudsman cases, according to which an age limit of 32 years for an expert vacancy post in the Ministry of Foreign Affairs was considered discriminatory (Case No. 20180328-2018) and the absence of an exception for persons with disabilities regarding physical tests for staff vacancies in detention facilities was considered justified (Case No. 267553-2019). The Committee takes note of this information.

Article 1(1)(b) of the Convention. Additional grounds. Disability. Recalling that the national legislation prohibits discrimination on the ground of disability in employment and occupation, the Committee notes that Law No. 4488/2017 of 13 September 2017 on improving the protection of employees and on the rights of persons with disabilities provides that any natural person or public organization in the wider public or private sector, is required to facilitate the equal exercise of the rights of persons with disabilities in their respective fields of competence or activity by taking all appropriate measures and refraining from any action which may discriminate against persons with disabilities. The Committee notes, from the statistical information provided by the Government, in its report and supplementary information, that twelve cases of discrimination on the ground of disability or chronic disease were reported between 2018 and 2019 by the labour inspectorate and that the Ombudsperson’s 2018 report further indicates that 14 per cent of cases received concerned discrimination on grounds of disability or chronic disease. The GSEE indicates that specific steps should be taken to raise awareness of the fact that the treatment of an employee with a disability may conceal discrimination. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities expressed concern at the high level of unemployment among persons with disabilities and the insufficient efforts to ensure their inclusion in the open labour market, particularly with regard to women with disabilities (CRPD/C/GRC/CO/1, 29 October 2019, paragraph 38(a)). The Committee asks the Government: (i) to adopt proactive measures in order to promote equal opportunity and treatment for persons with disabilities in education, vocational training and employment, including by enhancing their access to a wider range of jobs in the open labour market; and (ii) to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex, age and work environment (segregated work environment or the open labour market).

Age. In its supplementary information, the Government reports the abolition of the age limit for the postgraduate education of civil servants by Law No. 4590/2019 and the abolition of the age limit for specialists in the National Health System by Law No. 4528/2018. The Committee also recalls that the national legislation prohibits direct and indirect discrimination in employment and occupation on the ground of age (section 2(2)(a) of Law No. 4443/2016). Referring to its 2019 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee welcomes the removal, as of February 2019, of the lower minimum wage rate, which has been set since 2012 for young workers under the age of 25. In its supplementary information, the Government explains that most cases of age discrimination concern a maximum age criterion for access to work and employment, and refers to the Ombudsman’s 2019 Report, which indicates that in most cases age is associated, often stereotypically, with physical characteristics and special physical abilities that only younger people have without even indicating that such skills are necessary for the performance of the posts in question. The Government further adds that in 2019 the labour inspectorate investigated two cases of discrimination based on age, and refers to Cases Nos 20180328-2018 and 259702-2019, in which the Ombudsperson called for the reconsideration of job vacancies limited to candidates of a maximum of 32 or between 20 and 35 years of age, respectively. The Committee notes with concern that, in its 2018 special report on equal treatment, the Office of the Ombudsperson indicates that discrimination on the ground of age is constantly the subject of investigations by the Office and refers to several cases of maximum and/or minimum age limits unjustifiably imposed in the case of job vacancies, both in the public and private sectors. The Committee notes, however, that the European Commission recently observed that, while the national legislation allows for exceptions based on age for specific reasons, there is relevant case law, particularly on the introduction of age limits, that has found that such exceptions constitute discrimination based on age (European Commission, European Network of Legal Experts in Gender Equality and Non-discrimination, Country Report, Greece, 2018, page 49). The Committee recalls that age is considered a physical condition in respect of which social measures of protection and assistance may be necessary, as provided for in Article 5(2) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 813). Noting that job vacancies frequently impose restrictions based on age, the Committee asks the Government to: (i) take steps to prevent and address cases of direct or indirect discrimination based on age in employment and occupation, including through the development of public information campaigns and awareness-raising activities for workers, employers and their respective organizations; (ii) provide information on the steps taken and the measures adopted to tackle discrimination on the ground of age, as well as on the number and nature of cases concerning discrimination on this ground in employment and occupation that have been dealt with by the labour inspectorate, the Office of the Ombudsperson and the courts, as well as the sanctions imposed and remedies granted; and (iii) provide detailed information on the specific cases in which it was considered that age limits set in job vacancies were covered by the exceptions provided for in the national legislation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Referring to its previous comments on occupational gender segregation, the Committee notes from the Labour Force Survey (LFS) of the Hellenic Statistical Authority (ELSTAT) that in 2019, the employment rate for women slightly increased from 46.8 per cent in 2016 to 51.3 per cent, but remained 20 percentage points below that of men (71.3 per cent in 2019). The Committee notes that the GSEE’s indication that the 2018 employment rate of women of 49.1 per cent is one of the lowest in the European Union. It notes that in 2019 the unemployment rate of women was still substantially higher than that of men (21.5 per cent and 14 per cent, respectively). The Committee further notes that, according to ELSTAT 2018 data, women are still mainly concentrated in traditionally female-dominated sectors, such as education (74.4 per cent women) and health and social services (71.6 per cent women), as well as in low-paid jobs, representing 61.2 per cent of clerical support workers, but in 2018 only 26.8 per cent of senior officials and managers and 9.8 per cent of board members of the largest publicly listed companies (ELSTAT Labour Force Survey and European Commission, 2019 Report on equality between men and women in the EU, paragraph 27). The Committee also notes the indication by the SEV that gender stereotypes have a strong influence on the existing division of labour between men and women, both in the family, the workplace and society, and that these factors can limit women’s career prospects and contribute to inequalities in society. It further notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time (the fact that women do most household chores, care of family members and other unpaid work, which means they have less time to devote to paid employment) is one of the highest in the European Union, which is reflected in the labour market by the fact that more than twice as many women as men are in part-time employment (13.2 per cent and 6 per cent, respectively, in 2018). The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) 2016–20. In particular, it notes the indication in the NAPGE that: (1) women are still under-represented in specific sectors of the economy; (2) employed women have low-paid and precarious jobs, with little room for promotion and are unable to develop professionally and educationally; and (3) women still undertake the bulk of domestic work and spend periods away from the labour market more frequently than men. It notes that, as a result, the NAPGE includes specific actions aimed at, inter alia: (1) the enhancement of women’s employment and in particular women’s entrepreneurship; (2) the promotion of gender equality in education and vocational training; (3) ensuring the participation of women in decision-making; and (4) the reconciliation of work and family responsibilities. The Committee also notes the Government’s indication, in its supplementary information, that occupational gender segregation will be one of the priorities of the labour component of the new NAPGE 2021–25. The Committee further notes that the United Nations Working Group on Discrimination Against Women in Law and in Practice highlights the need for equal access for women to the labour market and improved conditions at work, and expresses specific concern at the absence of women in leadership roles (A/HRC/44/51/Add.1, 16 April 2020, paragraph 90(c) and (i)). The Committee further notes that, in its 2018 report, the Office of the Ombudsperson indicated that the number of complaints on gender-based discrimination increased, especially at the workplace, representing 57 per cent of the total number of the complaints received in 2018, and referred to several cases of discriminatory job vacancies seeking only men or women. In light of the persistent occupational gender segregation, the Committee asks the Government to take steps, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments and promote and enforce the rights guaranteed by the Convention. It asks the Government to include proactive measures in the NAPGE 2021–25, and to provide information on the impact of measures taken under the NAPGE 2016–20 to improve equality of opportunity and treatment for men and women in employment and occupation by effectively enhancing women’s economic empowerment and access to the labour market, including to decision-making positions.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. Referring to its previous comments on the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–2020, the Committee notes the Government’s indication that 12 strategies were implemented at the regional level for the social integration of the Roma. The Government adds that, between 2013 and 2015, 883 Roma people benefited from local employment projects and 2,232 benefited from the services of the 27 support centres for the Roma and vulnerable groups. The Committee notes the adoption in May 2016 of a project to develop the National Centre for Social Solidarity as a national platform for consultation and dialogue for the formulation and implementation of policies for the integration of the Roma. However, the Committee notes that the United Nations Working Group on Discrimination against Women in Law and Practice and the Human Rights Council in the framework of the Universal Periodic Review, several United Nations bodies have expressed concern at the persistent stereotypes and discrimination affecting the Roma in access to employment and education, despite the efforts made by the Government, and have explicitly recommended the Government to fully implement the National Strategy for the Integration of the Roma 2012–20 (A/HRC/44/51/Add.1, 16 April 2020, paragraph 90(j) and (k), A/HRC/33/7, 8 July 2016, paragraph 135, and A/HRC/WG.6/25/GRC/2, 7 March 2016, paragraphs 16 and 76). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against the Roma in employment and occupation is effectively prevented and addressed and to provide information on the impact of the plans and programmes implemented to enhance the equal access of the Roma to education, training and employment, including within the framework of the Strategy for the Integration of the Roma up to 2020. It asks the Government to provide information on the activities undertaken to that end in collaboration with the National Centre for Social Solidarity, as well as statistical data disaggregated by sex, on the labour market situation of the Roma.

Migrant workers. Taking into consideration the high number of migrants and refugees received by the country since 2015, the Committee notes that according to ELSTAT, for the first quarter of 2019, the unemployment rate of migrant workers was almost twice as high as that of national workers (32.3 per cent and 18.3 per cent, respectively). In its supplementary information, the Government recalls that Law No. 4251/2014 provides for a series of sanctions for employers employing third country nationals without a legal document giving them access to work. The Government adds that the labour inspection services deal with anonymous and whistle-blowing complaints regarding the employment of illegally resident third country nationals, that they use a risk analysis system to perform targeted audits and that they also take precautionary action through the provision of information. It further indicates that in 2019, the labour inspectorate identified 41 cases of the employment of illegally resident foreign nationals. In relation to the agricultural sector, the Committee further notes the Government’s indication in its supplementary information that: (1) the agricultural sector has a high rate of migrant workers, including irregular immigrant workers; (2) pursuant to Law No. 4554/2018 and Law No. 4052/2012, inspections in enterprises are carried out and sanctions (including high administrative sanctions) are imposed where undeclared work and the illegal employment of illegally resident third country nationals is detected; (3) 33 inspections were undertaken at agricultural product packaging companies and strawberry cultivation greenhouses; and (4) regarding the case involving a complaint of 164 foreign agricultural workers, the Prosecutor of the Court of First Instance issued a document describing them as being employed under particularly abusive working conditions and that they were therefore entitled to obtain a residence permit for humanitarian reasons. While taking note of this information, the Committee notes with deep concern that in its 2018 annual report published in April 2019, the Racist Violence Recording Network (RVRN, a network of non-governmental organizations established at the initiative of the Greek National Commission for Human Rights and the United Nations High Commissioner for Refugees) refers to acts by employers against migrants and refugees, with victims suffering extreme labour exploitation and physical violence when they ask for their pay. The Committee further observes that, in its 2018 report, the Office of the Ombudsperson highlights the unsatisfactory results of its numerous interventions since 2008 in relation to the inadequate inspection of the working conditions of migrant agricultural workers. The Committee also notes that several United Nations treaty bodies have expressed concern at reported cases of migrants working in slavery-like conditions in the agricultural sector and that the Human Rights Council has recommended, in the context of the Universal Periodic Review (UPR), that the Government supervise the working conditions of migrant workers effectively (A/HRC/33/7, paragraph 135, and A/HRC/WG.6/25/GRC/2, paragraph 35). The Committee notes in this regard the indication by the GSEE in March 2017 that the European Court of Human Rights (ECtHR) handed down a decision in which it considered that Bangladeshi workers were victims of trafficking for the purposes of labour exploitation in the agricultural sector (ECtHR Application No. 21884/15, Chowdury and others v. Greece, 30 March 2017). The Committee notes that the Office of the Ombudsperson also refers to several cases of discrimination on the ground of national origin as a result of job vacancies expressly requesting Greek citizens or, in other cases, non-citizens. The Committee recalls that all migrant workers, including those in an irregular situation, must be protected against discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (2012 General Survey, paragraph 778). The Committee urges the Government to take all the necessary measures without delay to address effectively any cases of discrimination against men and women migrant workers in terms and conditions of employment, particularly with regard to labour exploitation in the agricultural sector. It asks the Government to provide information on the concrete steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour or national extraction, as well as on their impact. The Committee asks the Government to continue providing information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Office of the Ombudsperson or the courts, the sanctions imposed and remedies granted, as well as statistical data, disaggregated by sex and national extraction, on the participation of migrant workers in the labour market.

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee takes note of the observations of the Hellenic Federation of Enterprises (SEV), transmitted by the International Organisation of Employers (IOE) and received on 1 October 2020. It also takes note of the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 August 2019. The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the observations of social partners, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 3. Impact of the structural reform measures on the application of the Convention. Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. The Committee notes that the Government does not provide information on any impact assessment undertaken to that end. However, in its observations, the GSEE reiterates its previous concerns relating to the absence of an impact assessment of the austerity measures on the implementation of the Convention, and on the rise in discriminatory practices to the detriment of women. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. Noting that the third economic adjustment programme ended on 20 August 2018, the Committee, however, notes that in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (A/HRC/44/51/Add.1, 16 April 2020, paragraph 86). The Committee regrets that the Government did not undertake any impact assessment that could better have helped it to assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention. The Committee hopes that the Government will take all the necessary steps, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to address all the matters identified by this Committee. It asks the Government to provide detailed information on the concrete measures adopted to that end, within the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and the results achieved.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that section 2 of Law No. 3896/2010 explicitly prohibits both quid pro quo and hostile environment sexual harassment. While noting that the dissemination of information and awareness-raising on sexual harassment at the workplace are planned in the NAPGE for 2016-20, the Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and in Practice indicated that, according to the Ombudsman, the number of incidents of sexual harassment is much higher than those reported, individuals being fearful of reprisals, stigmatization or losing their jobs or facing retaliatory legal defence pursued by employers (for example, in one case, the Ombudsman concluded that the dismissal of the complainant was an act of revenge, as it was abusively used as a “judicial countermeasure” by the employer against the employee’s complaint of sexual harassment). Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on the number of cases concerning sexual harassment in employment and occupation that have been dealt with by the labour inspectorate, the Ombudsman and the courts, as well as the sanctions imposed and remedies granted. It further asks the Government to provide specific information on awareness-raising initiatives undertaken to effectively prevent and prohibit sexual harassment in employment and occupation, within the framework of the NAPGE for 2016–20 or otherwise, as well as on their impact.

Pregnancy and maternity. In its previous comments, the Committee noted that working mothers returning from maternity leave have been offered part-time and rotation work (which is another form of part-time employment but differs in that the employee may work less days but on a full-time schedule each day). The Committee notes that according to the statistical information provided by the Government, since 2014, the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased. The Committee notes, however, that such statistics are not disaggregated by family status. The Committee also notes that the NAPGE for 2016–20 sets as specific actions: (i) the protection of pregnant women, including through the elimination of employers’ abuse of the entitlement to dismiss for “significant reason”; (ii) the protection of women against discrimination on the grounds of pregnancy or maternity; and (iii) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. The Committee also notes that, in its supplementary information, the Government refers to the SHARE Project 2020–2022, that aims to challenge traditional stereotypes and roles within the family and promote work and life balance. It notes, however, that in April 2019, at the end of its country visit, the United Nations Working Group on Discrimination Against Women in Law and in Practice expressed concern about ongoing discrimination based on pregnancy. The Working Group indicated that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, with no less favourable working terms and conditions, while benefiting from any improvement of their working conditions that they would have been entitled to, during their absence, in practice, the law is inadequately enforced, particularly in relation to women in high-ranking positions (A/HRC/44/51/Add.1, 16 April 2020, paragraph 33). The Committee further notes that, as highlighted by the GSEE, the Ombudsman indicated that the high number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition is not fully understood. The Ombudsman highlighted the substantial number of reports relating to detrimental changes imposed to women returning from maternity leave with regard to their working conditions. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory, as they can by definition only affect women, the Committee asks the Government to provide information on the concrete measures adopted and implemented, within the framework of the NAPGE for 2016–20 or any other measures, to ensure that women are effectively protected in practice against discrimination in employment and occupation on the ground of pregnancy or maternity. It asks the Government to provide information on any awareness-raising activities on the rights of women workers linked to pregnancy and maternity, addressed at workers, employers and their respective organizations, as well as on any other steps taken to ensure the effective implementation of the relevant legislative provisions. The Committee further asks the Government to provide information on the number of cases concerning discrimination in employment and occupation on the grounds of pregnancy or maternity that have been dealt by the labour inspection, the courts or the Ombudsman, as well as the sanctions imposed and remedies provided.

Enforcement. The Committee notes the Government’s statement that several training sessions and seminars were organized for labour inspectors on gender equality issues, in cooperation with the Ombudsman and the General Secretariat for Family Policy and Gender Equality (GSFPGE) (previously the General Secretariat for Gender Equality (GSGE)). The Government adds that as a result of Law No. 4443/2016, cooperation between the labour inspectorate and the Ombudsperson in the monitoring of potential discrimination cases was strengthened. In its supplementary information, the Government also indicates that under Ministerial Decision (60201/D7.1422/31-12-2019, FEK 4997 B’) the violation of the principle of equal treatment was characterized as a very high level violation with a fine of €2,000 for each affected party. The labour inspectorate will immediately inform the Ombudsperson upon receiving complaints and provide information on the results of action taken by them without prejudice to the Ombudsperson’s own investigation and formulation of the final conclusion on the complaint. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson refers to several awareness-raising activities undertaken relating to equal treatment and gender equality, as well as to its cooperation with the labour inspectorate. Concerning the issue of discriminatory job vacancies, the Ombudsperson mentions awareness-raising activities undertaken with a specific private company, indicating that this experience will be used as a pilot project in the context of a mass media campaign on this issue. The Committee notes the Government’s indication that, from 2016 to 2019, 37 judicial decisions relating to the principles of the Convention were issued. The Committee asks the Government to continue to provide information on: (i) any awareness-raising activities and public information campaigns undertaken on the principles of the Convention, as well as on their impact, and (ii) the number of employment discrimination cases dealt with by the labour inspectorate, the Ombudsperson and the courts, identifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 30 August 2019, as well as the Government’s reply received on 21 November 2019.

Employment trends and the impact of the COVID-19 pandemic. The Committee has been noting the persistent high unemployment rates in the country for some time and has been encouraging the country to take measures to address the situation. The Committee notes that, according to the ILOSTAT database, the overall unemployment rate fell from 21.5 per cent in 2017 to 17.3 in 2019, while the labour force participation rate stood at 52 per cent in 2019, before the outbreak of the COVID-19 pandemic. The Government indicates that the pandemic is pushing the Greek labour market to its limits and provides information on a series of measures taken to reduce the impact of the pandemic on the labour market, including measures to safeguard employment rights in the event of suspension of employment contracts by prohibiting layoffs and requiring enterprises to retain jobs, as well as by providing compensation to suspended employees. The Government indicates that, during this period, it continues to provide guaranteed employment for unemployed persons in the public sector through community employment jobs as well as in the private sector through the subsidization of private enterprises. The Committee notes with interest the short-time work scheme SUN-ERGASIA, which seeks to support affected businesses by reducing their labour costs and allowing flexibility in staff management, while at the same time protecting employment by excluding all employee layoffs within this framework. The Committee further notes the special measures targeting seasonal workers by requiring businesses that have suspended such employees to gradually reintegrate them as conditions permit. The Committee requests the Government to provide detailed updated information on the impact of the COVID-19 pandemic on the labour market, including statistical information, disaggregated by age and sex, on the size and distribution of the labour force, rates of employment, unemployment and under employment and the size of the informal economy. The Committee also requests the Government to indicate the manner in which the pandemic and the measures adopted to mitigate its effects have affected the implementation of the objectives of the Convention.

Articles 1 and 2 of the Convention. Active employment policy and labour market measures. In its previous comments, the Committee requested the Government to provide information on measures taken or envisaged to address the national employment situation and to provide information on the impact of employment initiatives taken within the framework of an active employment policy. In its observations, the GSEE maintains that there is no coherent data on the impact of such initiatives, including on the impact of measures taken to promote the integration of the long-term unemployed in the labour market, as well as of persons in vulnerable situation. The GSEE reiterates its previous observations that high unemployment rates in the country are related to three factors: (i) the dismantling of legislation on temporary employment which had the effect of deterring the hiring of new employees; (ii) bankruptcies and lay-offs; and (iii) new legislation which has facilitated dismissals. The GSEE also reiterates that the Government has not presented any specific examples of job creation and active employment policies, or of efforts made to encourage the unemployed to return to work. In its report, the Government reports that it faces two major challenges: the stimulation of labour demand and the improvement of effectiveness and targeting of the enacted measures. In this context, the Ministry of Labour and Social Affairs has designed actions with a view to increasing employment, primarily focussed on reducing youth and long-term unemployment, increasing the labour force and reversing the “brain drain” phenomenon. The Government indicates that one of the most important reforms in the context of upgrading the labour market environment is the re-design of Active Employment Policies which is provided through the Structural Reform Support Service aiming to enhance job-seekers’ employability through active interventions. The Committee notes that these new types of programmes are characterised by a tailor-made approach based, inter alia, on the enforced role of an employment counsellor who will monitor the progress with a view to assisting the unemployed to gradually integrate into the labour market. The Committee notes that the new Active Employment Policies reform model is being tested in a pilot project implemented in three municipalities with a view to be expanded throughout the country. In the context of reforms of active employment policies, the Ministry of Labour promotes the development of the Monitoring Implementation System, a framework to monitor and assess the Active Employment Policies. The Committee takes note of the detailed assessment studies provided by the Government which include information regarding the results of measures of employment policy adopted. The Committee requests the Government to continue to provide detailed updated information regarding the policies and measures taken to promote full, productive and freely chosen employment and on the impact of employment initiatives adopted within the implementation of an active employment policy, including on the impact of the measures taken to promote the integration of the long-term unemployed in the labour market.

Workers vulnerable to decent work deficits. The Committee notes the information provided by the Government concerning targeted employment measures, including measures to assist workers in acquiring professional experience and skills, particularly specific groups of persons in vulnerable situations, including young persons, older workers, persons with disabilities and the long-term unemployed. The Committee notes the establishment of the New Jobs Creation programme, as well as a subsidy programme for enterprises being implemented by the Greek Manpower Employment Organization (OAED), which aims to encourage employers to retain some 2,000 unemployed persons belonging to disadvantaged groups. The Committee further notes the adoption of Law 4611/2019, which seeks to facilitate the integration of persons from disadvantaged groups into the labour market by streamlining procedures for processing their job applications. The Committee requests the Government to continue to provide updated information on the nature and impact of measures taken to promote full, productive, freely-chosen and sustainable employment for persons vulnerable to decent work deficits.

Youth employment. The Committee notes that, while the youth unemployment rate in the country continues to decline, it nevertheless remains high. According to the ILOSTAT database, the youth unemployment rate fell from 43.6 per cent in 2017 to 35.2 per cent in 2019. The Government indicates that facilitating access to employment for young persons is one of its priorities and reports a series of actions targeted at upskilling youth in dynamic sectors of the labour market. The Committee takes note of the updated Action Plan on Youth Guarantee for the period 2018 -2020. The Government further reports on a series of institutional reforms that contribute to the integration of young people into the labour market, including the upgrading of vocational education, training and apprenticeship, the redesign of active employment and training policies, the development of a national qualification framework and the development of a certification system for vocational qualifications. In response to the Committee’s previous request, the Government indicates that it attaches great importance to addressing the “brain drain” phenomenon and has established the “Re-brain Greece” working group, which has developed proposals, in consultation with the social partners, for measures to be taken in the areas of employment, training and education for this purpose. In its observations, the GSEE indicates that it intends to contribute to the development of tailored measures through the scientific expertise of the GSEE Labour Institute and the GSEE Development Centre for Education Policy. Noting the persistently high levels of youth unemployment, the Committee requests the Government to continue to provide detailed updated information on active employment policies and measures taken to enhance the employability of young persons and facilitate their integration into the labour market, including policies and measures targeting young university graduates. It further requests the Government to provide detailed updated information on the impact of such measures, including statistical information disaggregated by age and sex.

Older workers. The Committee notes that that Government has taken a series of measures aimed at promoting the employment of older persons, including training programmes implemented in the context of the Operational Programme “Human Resources Development, Education and Life-long Learning 2014-2020”, aiming at upskilling older workers. The Committee also notes as community employment programmes designed for older aged groups at higher risk of exclusion from the labour market. The Committee requests the Government to continue to provide information on measures adopted to increase the employability of older workers, as well on the impact of such measures on the reintegration and retention in the labour market of this category of workers.

Women’s employment. The Committee notes that the unemployment rate for women continues to be higher than that for men. According to the ILOSTAT database, in 2019, the unemployment rate for women stood at 21.5 per cent, compared to 17.3 per cent for men, while the unemployment rate for young women was 37.1 per cent, compared to 33.5 per cent for young men. The Government indicates that increasing female labour force participation and strengthening women’s entrepreneurship is a priority and a strategic objective of the new National Action Plan on Gender Equality, which is currently being formulated to cover the next period (2021-2025). It further indicates that a growing participation rate of women is ensured in all employment programmes and reports on a series of skills improvement measures, including digital skills. The Committee notes that under the new Law 4604/2019 on Promoting substantive gender equality, Preventing and Combating Gender-Based Violence, a separate institutional framework is legislated for the first time to ensure gender equality and the elimination of discrimination against women. This measure introduces the requirement that enterprises draw up “Equality Plans” i.e. comprehensive interventions that will be prepared by enterprises of the public and private sector. Noting the higher rates of unemployment for women, the Committee requests the Government to continue to provide information on the nature and impact of measures adopted with a view to promoting the employment of women to enable them to access decent and lasting employment at all levels and across all economic sectors. It also requests the Government to report on the employment measures taken in the context of the National Action Plan on Gender Equality 2021-2025 and the impact of “Equality Plans” on promoting lasting employment of women.

Education and training policies and programmes. The Government refers to a series of programmes providing targeted training and counselling, inter alia the internship and apprenticeship programmes leading to certification of knowledge. It indicates that in order to upgrade apprenticeships in Greece, a series of legislative initiatives have been enacted, inter alia, on “Quality Framework for Apprenticeships” and on “Regulating subsidization and social security issues for Apprenticeship programmes”. These initiatives are aimed at protecting interns by reinforcing inspection on compliance with internship and apprenticeship legislation, imposing a limitation on the number of interns or apprentices to prevent the substitution of regular employment by internship or apprenticeship, and ensuring the provision of remuneration and social security contributions. The Government refers to a series of actions implemented by the OAED in the context of vocational training, including training and retraining programmes in technical specialties for public sector workers, targeted vocational training programmes that will contribute to the local economic development, specialisation training programmes in cutting-edge sectors of the economy, open framework upskilling programmes for the unemployed, and vocational training targeted to vulnerable social groups such as persons with disabilities. The Committee notes the “Innovative Response for Facilitating Young Refugees’ Social Support” programme which aims at developing an effective system of reception, social support and prompt employment integration of the refugee populations. In response to Committee’s previous request the Government indicates that the deliverables of the Identification Mechanism are based on the collection of primary data from different sources and are taken under consideration in designing and implementing actions on education, training and counselling. In its supplementary information, the Government indicates that the Identification Mechanism further developed through the adoption of a Roadmap for the implementation of the project “Governance of skills anticipation and matching system for Greece: in depth country review”. The Committee requests the Government to continue to provide updated information on the educational and training programmes and the impact of these programmes on productive and lasting employment opportunities for young people.

Promotion of small and medium-sized enterprises (SMEs). Entrepreneurships. The Committee notes the information provided by the Government on the measures taken to support the development of SMEs which employ most of the country’s labour force. According to the ERGANI Information System for 2019, enterprises employing 1-10 workers accounted for 88 per cent of the total number off enterprises employing workers. The Committee takes note of the strengthening of the Labour Inspectorate (SEPE) web portal in 2019, as well as of a series of measures taken to tackle undeclared work in SMEs. The Committee takes note of the statistical data provided by the Government which show an increasing trend in the number of inspected enterprises by SEPE and a decreasing trend in the number of enterprises with undeclared workers from 2016 to 2019. Regarding measures aimed at promoting entrepreneurship, the Committee takes note of measures taken to promote self-employment, in particular via financial support of business initiatives and the second chance entrepreneurship programme for 5,000 unemployed and former self-employed who have suspended their business activity. The Committee requests the Government to continue to provide information on the measures taken to improve the business environment with a view to supporting the development of SMEs and creating employment opportunities for the unemployed. Referring to the Promotion of Cooperatives Recommendation, 2002 (No. 193), it reiterates its request that the Government provide information on the measures taken to promote productive employment through cooperatives.

Modernization of labour markets institutions. The Committee takes note of the redesign of OAED which is taking place as a priority axis of the Operational Programme “Human Resources Development, Education and Lifelong Learning”. The Government indicates that the achievement of the objectives set out in the context of modernization has been achieved, inter alia via the reorganization of the Employment Promotion Centres KPA2, the redesign and modernization of the OAED portal, the development of e-services and the operation of the OAED Call Centres for Citizens and Enterprises. In particular, the OAED KPA2 have launched a new model of service provision to unemployed and enterprises with a primary focus on personalized counselling using advanced tools including emphasising on the upgraded role of the Employment Counsellors. The Committee requests the Government to provide information on the effectiveness of the reorganization of its labour market institutions.

Article 3. Participation of social partners. The Government stresses the importance of the social partners’ contribution in policy making at the sectors of employment and labour market. The Committee notes that in 2018 the social partners contributed to the establishment of a Strategic Framework for the Redesign of Active Employment Policies. Furthermore, in the context of the technical assistance programme implemented in Greece for tackling undeclared work, a roadmap for combating undeclared work was prepared after consultation with the social partners, outlining an integrated strategy to tackle the phenomenon and promote the transition to formal economy. The Government indicates that in July 2019 it requested the social partners to submit proposals for the reorganization of what is considered the most significant innovation in the history of the Ministry of Labour, the upgrading of the ERGANI Information System. Following this, a Working Team was established in October 2019, to assess the consultation results. The Government reports that the new integrated Information System, “ERGANI ΙΙ” will become an innovation in the relationship between the state, enterprises and workers, supporting at the same time the competitiveness of the Greek economy. The Committee requests the Government to continue to provide detailed updated information on the participation of the social partners in the formulation and implementation of employment policy measures, including those adopted to address the socioeconomic impact of the COVID-19 pandemic.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee takes note of the observations of the Greek General Confederation of Labour (GSEE) received on 3 September 2019. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Formulation and implementation of a nursing services and personnel policy. Nursing education and training. The Committee recalls that, in its previous report, the Government had indicated that a national health strategy was being developed and that a bill concerning reform to primary health care had been submitted to the Parliament. The Government reports on a series of labour law provisions adopted since 2013, indicating that they apply to workers in dependent employment relationships in the private sector, including to nursing personnel. The Committee notes that amendments were introduced to Law No. 1579/1985 that define nursing specialties in Pathology, Surgery, Paediatrics and Mental Health. In addition, Ministerial Decision No. A4/203/1988 established the requirements for obtaining a special nursing certificate. The Committee further notes that, pursuant to Law No. 2519/1997, graduates of the Technological Educational Institutes (TEI) Departments of Health Visitors can obtain a nursing specialty in mental health. The National Council for the Professional Development of Nursing defined other nursing specialities through the promulgation of section 45 of Law No. 4486/2017. The Government reports that, according to data compiled by the Nursing Directorate, as of November 2018, 1,550 nurses had acquired a specialty in pathology, 1,953 nurses in surgery, 920 nurses in paediatrics and 945 nurses and health visitors in mental health. In respect of the education and training policy for nursing personnel, the Government indicates that substitute teachers in the relevant specialties are recruited through a call for candidates issued by Ministerial Decision, whereas school nurses are recruited by the Regional Directorates of Education. The Committee notes that, in the field of higher education, during the reference period, two Higher Educational Institutes (AEI) and seven TEI provided first cycle programmes of studies in nursing. In its supplementary information, the Government indicates that, in the context of addressing the COVID-19 pandemic, enhancing nursing personnel and upgrading their skills are among the key actions taken by the Ministry of Health to strengthen the health care system. In this respect, the Committee notes with interest the adoption of Law 4690/2020 ratifying: (a) the Emergency Law of 13 April 2020 on “Measures to address the continuing impact of the Coronavirus COVID-19 pandemic and other urgent provisions” and (b) the Emergency Law dated 1 May 2020 on “Additional measures to address the continuing impact of the Coronavirus COVID-19 pandemic and return to normal, social and economic life and other provisions”. According to Law 4690/2020, all nursing specialties are established in line with European standards. It also provides for the creation and filling of 2,250 posts for trainee specialist nurses. In order to meet the needs created by the pandemic, the Government introduced training programs in the specialties of Critical Care and ER Nursing and Public Health/Community Health Nursing, which will be offered for the period 2020–2021, targeted mainly at unemployed male and female nurses. Under the same law, the Programme “Be a Volunteer to tackle address Covid-19” was established and implemented in public health facilities until June 2020. The Committee notes that more than 10,000 participants providing voluntary services in specialties relevant to healthcare account for 38.9 per cent of the total participants. Of this 38.9 per cent, 6.4 per cent were nurses and 11.9 per cent were assistant nurses. The Committee requests the Government to provide information on developments in relation to the adoption of a national health strategy as well as reforms to primary healthcare. It further requests the Government to provide information on any legislative amendments introduced relating to the operation of public and private health services and, if applicable, to supply copies of any relevant legislative texts. It also requests the Government to provide information concerning measures taken in order to prevent or address the shortage of qualified nurses, indicating the measures taken in relation to education and training as well as in relation to employment and working conditions, including career prospects and remuneration, with the aim of attracting men and women to the profession and retaining them in it. In the context of the global COVID-19 pandemic, the Committee invites the Government to provide updated information on the implementation of the measures taken to strengthen the health system and to address the increasing demand for qualified nurses.

“Exclusive” nurses. In its previous comments, the Committee noted that the shortage in qualified nursing personnel led to specific practices, including recourse to so called “exclusive” nurses, namely female migrant workers employed in a quasi-nursing capacity and even informal hospital services provided by patients’ families, which are increasingly tolerated by public establishments. In response to the Committee’s previous request for information on “exclusive” nurses, the Government provides data from the different regions in the country regarding the employment of this category of nurses. In its observations, the GSEE expresses its concern with respect to this form of atypical work. The Committee requests the Government to supply detailed information in its next report on the conditions of recruitment and work of foreign nurses and “exclusive” nurse, as well as measures taken to regulate their activities. The Committee requests the Government to provide its comments in respect of the observation of the GSEE.

Article 5(2) and (3). Determination of conditions of employment and work. The Government indicates that there is no collective agreement in force covering the country’s nursing personnel. It nevertheless refers to the 19 September 2014 Collective Labour Agreement “on the regulation of the conditions of remuneration and employment of workers, members of primary associations of the Federation of Greek Healthcare Institution Unions (OSNIE) employed at private clinics that are members of the Association of Greek Clinics (SEK) across the country”. The Government adds that legal disputes arising between nursing employees and their employers can be submitted to conciliation, mediation or arbitration procedures. The Committee notes that, each year, the competent department of the Ministry of Labour registers a relatively small number of cases of dispute resolution involving parties from trade union organizations of workers covering hospital staff and employer-operators of health service providers. In particular, the Government indicates that, from 1 June 2019 until 15 July 2020, the Ministry’s relevant Department has not handled any cases involving resolution of disputes between nursing employees and their employers through conciliation. The Committee takes note of a series of arbitration awards referred to by the Government. On the other hand, the GSEE observes that there are important difficulties concerning the procedure for collective bargaining and the conclusion of new sectoral collective agreements, which were aggravated by the expiry of former collective agreements enabling employers to pay nursing personnel in private hospitals on the basis of the minimum wage. The Committee requests the Government to provide information on the progress and results of collective negotiations to determine employment and working conditions of nursing personnel.

Article 6. Employment conditions of nursing personnel. Social security. Hours of work. The Government indicates that nursing personnel in the public and private sectors enjoy insurance coverage against risks of old age, disability, death, illness, maternity and unemployment. In its supplementary information, the Government indicates that the relevant Department of the Ministry of Labour and Social Affairs is considering including nurses who fall under the pension protection of the former Public Sector Fund, in the pension scheme for Heavy and Arduous Occupations. In response to the Committee’s previous request regarding the List of Arduous and Unhealthy Occupations set out in Law No. 3863/2010, the Government reports that a new List was finalized after consultation with the social partners through the Social Security Council. In this regard, the conclusions of the Standing Committee on Arduous and Unhealthy Occupations, in which representatives of the social partners, experts from the Ministry of Labour and Social Security (formerly IKA ETAM, now known as EFKA) and representatives of scientific institutions participated. The Government indicates that the new List attempted to rationalize and modernize the old one, taking into account the technological developments and their consequences in current labour data. It also indicates that, under Law No. 3863/2010, employees excluded from the prior List continued to be covered under the pension scheme until the end of 2015, with a view to ensuring their protection. In particular, the Committee notes that the new List stipulates, inter alia, that, male and female nurses working under fixed-term or indefinite contracts in nursing institutions, clinics, microbiological and biochemical laboratories and health insurance institutions are covered under the Regulation on Arduous and Unhealthy Occupations, with the exception of those employed in health centres within the framework of rationalization and modernization of the Regulation on Arduous and Unhealthy Occupations. In its observations, the GSEE expresses concern with regard to the difficult working conditions of nursing personnel, which are aggravated by the understaffing of hospitals and the imposed working hours schedule. The GSEE maintains that, under the current legislation nursing staff in hospitals works in three consecutive 8-hour shifts. The Committee requests the Government to supply a copy of the Regulation on Arduous and Unhealthy Occupations. In addition, it reiterates its request that the Government provide information on whether and to what extent this exclusion impacts on social security protection for nursing personnel. Recalling that this Article of the Convention aims to ensure that nursing personnel – as any other worker – are entitled to sufficient rest and leisure in order to avoid fatigue, the Committee requests the Government to address GSEE’s observations regarding the legal provisions allowing for 3 consecutive 8-hour shifts and to provide information on the provisions or other measures taken guaranteeing that nursing personnel enjoy conditions of employment and work at least equivalent to those of other workers in relation to hours of work, including regulation and compensation of overtime, inconvenient hours and shift work.

Article 7. Occupational safety and health. In response to the Committee’s previous comments, the Government indicates that the National Strategy for Health and Safety at Work (2016–20) was adopted following consultations with the social partners in the Health and Safety at Work Council of the Supreme Labour Council. In its observations, the GSEE comments that the poor health and safety conditions under which nursing personnel work expose them to exhaustion and burn out. The GSEE refers to a series of studies, which show that irregular shifts in combination with the very small number of nurses working during each shift place a heavy burden on these workers, making the performance of their duties extremely difficult. In particular, the GSEE indicates that the morning shift is usually served by two to four nurses but the afternoon and night shifts by only one nurse. The Committee notes that, in the context of the COVID-19 pandemic, the need for nursing personnel has increased, which may aggravate these phenomena. The Committee requests the Government to provide a copy of the National Strategy in force and reiterates its request that the Government provide information on progress made and results achieved with respect to occupational safety and health for nursing personnel, including with respect to ensuring adequate staffing on all shifts during the COVID-19 pandemic. The Committee also requests the Government to provide information on the measures implemented to prevent and reduce psychosocial risks, and promote mental health and well-being, in addition to preventing the risk of long-term effects on nurses’ well-being, particularly in the context of the pandemic.

Exposure to special risks. The Committee notes that according to “ILO: Country policy responses, COVID-19 and the world of work”, the Government has allocated €85 million to the Ministry of Health to support the purchase of sanitary equipment and the hiring of 2,000 health professionals. The Committee draws the attention of the Government to Paragraph 49 of Recommendation No. 157, which provides that: “(1) all possible steps should be taken to ensure that nursing personnel are not exposed to special risks. Where exposure to special risks is unavoidable, measures should be taken to minimise it; (2) measures such as the provision and use of protective clothing, immunisation, shorter hours, more frequent rest breaks, temporary removal from the risk or longer annual holidays should be provided for in respect to nursing personnel regularly assigned to duties involving special risks so as to reduce their exposure to these risks; (3) In addition, nursing personnel who are exposed to special risks should receive financial compensation.” The Committee also draws the Government’s attention to the ILO Guidelines on decent work in public emergency services, 2018, which recognize the need to protect public emergency workers, including emergency health workers, from exposure to communicable diseases. In particular, paragraphs 50 and 51 of the Guidelines stress that suitable and sufficient personal protective equipment (PPE) should be provided as protection against exposure to hazardous conditions for public emergency services (PES) workers and that workers and/or their representatives should be consulted and participate in relation to the selection and correct use of PPE. Noting that nursing personnel are at high risk of being infected while treating patients with suspected or confirmed COVID-19, particularly when infection control precautions including use of personal protective equipment (PPE) are not strictly practiced, the Committee requests the Government to provide detailed updated information on the safety measures adopted or envisaged including the provision of PPE and training in its use, as well as provision of adequate rest breaks during workers’ shifts and limitations on excessive hours wherever possible, with a view to protecting the health and wellbeing of nurses and limiting as much as possible their risk of contracting COVID 19.

Part V of the report form. Practical application. The Committee notes the data provided on the number of registered nursing students for the 2017–18 academic year, as well as statistics on the number of nursing students enrolled from for the academic years from 2013 to 2018. The Committee also takes note of the detailed information on persons practising in the nursing profession per level of training and field in the public and private sector based on the estimates, according to which 135,361 doctors and 55,963 nurses and midwives were employed in the beginning of 2020. The Committee notes a pronounced imbalance in the availability of doctors compared to nurses in Greece and observes that, according to the European Commission 2019 Country Health Profile on Greece, the country has the highest number of doctors but the lowest number of nurses per 1,000 population of any country in the European Union. The Committee requests the Government to provide detailed information, disaggregated by age, sex and region, concerning the situation of nursing personnel in the country, including the nurse-population ratio, the number of nursing personnel broken down by public and private healthcare establishments, the number of students who graduate from nursing colleges annually and the number of institutions offering nursing education and training, the number of female and male nurses who enter and leave the profession each year, the organization and the operation of all institutions which provide healthcare services, as well as official studies, surveys and reports addressing health workforce issues in the Greek health sector, including those that might have been developed in the context of the COVID-19 pandemic.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Measures addressing family responsibilities during the COVID-19 pandemic. The Committee notes that the Government refers to the adoption of the Emergency Law of 13 March 2020 (O.G.A’/55) and Emergency Law of 20 March 2020, which provide for two alternative measures for workers from the public sector, irrespective of sex, whose children attended kindergartens, nurseries and schools up to the third grade of Junior High Schools that had suspended operations, or whose children were aged up to four years old and did not attend kindergartens and nurseries: 1) a ”special purpose leave” conceived in successive 4-days cycles (three of them being registered as paid leave days, and one of them being registered as annual leave); and 2) a reduction of up to 25 per cent of working hours on a daily basis without reduction in wages, with the requirement to compensate them with work beyond normal working hours once school units reopen. The Government adds that provision was made to exclude workers from the scope of the abovementioned measures taking into account the full and effective functioning of specific services within the framework of addressing the pandemic (including employees who serve at the Ministry of Health, health service provider bodies, the Ministry of Immigration and Asylum and the personnel of all uniformed services). The Government also indicates that Emergency Law of 13 April 2020 (O.G.A’/84) provided for similar leave arrangements for workers in the private sector, in which case the 4-days cycle ‘special purpose leave’ would be recorded as leave granted by the employer (2 days), leave subsidized by the State (1 day) and annual leave (1 day). The Committee observes the Government’s indication that ‘special purpose leave’ applies to both parents as an alternative or complementary option if they are both employed in the public or private sector, but that they cannot take it simultaneously, and that it is also granted to a working parent where the other parent is not employed but is in hospital suffering from any disease or coronavirus, or is a person with disabilities. While such measures were adopted for the closure period of school units and childcare facilities, the Government explains that they continued to apply after their reopening and until the end of the 2019-20 school year in case children-pupils or immediate family members were among the group of people at high risk of illness from COVID-19 or were already suffering from it. The Government also refers to Law 4722/2020 which provides for the use of the special leave for children’s sickness for 14 days or more by working parents in case their children are affected by the virus. The Committee asks the Government to provide information on the application and results of the specific leave measures adopted in the context of the Covid-19 pandemic.

Legislative developments. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the application of Law No. 4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019. The Committee also notes with interest the Government indication in its report and supplementary information that Law 4590/2019 increases the number of days of leave of civil servants due to sickness of their children and provides parental leave for both parents in the event of the adoption of children; while Law 4674/2020 introduces new provisions on family-related leave in the public sector, such as, for example: (1) for the upbringing of an adopted or foster child or a child born through a surrogacy arrangement, for child sickness and children school monitoring; (2) for workers who have a spouse or children (including the guardianship of a child) who suffers from certain diseases or with disabilities; and (3) for civil servants who need mobility arrangements (due to health reasons from the worker, a spouse or partner, or a first degree relative, or to join the civil servant spouse who works in a different region or country). The Government adds that, according to Law 4674/2020, certain types of leave were also granted to public sector employees bound by a fixed-term contract under private law. The Committee asks the Government to provide information on the application, scope and impact of leave and mobility measures provided for in Law No. 4590/2019 and Law No.4674/2020.

Article 3 of the Convention. National policy. Protection from discrimination on the ground of family responsibilities. Referring to its previous comments where it noted that working mothers returning from maternity leave have been offered part-time and rotation work, the Committee notes the Government’s reference to the prohibition of discrimination on the grounds of gender or family status through Law 3895/2010 and Law 3896/2010. The Committee also takes note of the National Action Plan on Gender Equality (NAPGE) for 2016–2020, which sets as a priority the reconciliation of work and family life as well as a number of targeted actions concerning, inter alia, protection against discrimination on the grounds of pregnancy and maternity and the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women, as well as that the Labour Inspectorate, in cooperation with the Ombudsperson, is the relevant body to monitor and implement access of workers with family responsibilities to employment, and to address complaints on violations of worker’s rights. The Committee nevertheless notes that according to statistical information provided by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), since 2014 the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased, and that, in its 2018 special report on equal treatment, the Ombudsperson highlighted the substantial number of reports relating to detrimental changes in working conditions imposed on women returning from maternity leave. In April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and Practice expressed concern about ongoing discrimination based on pregnancy and family responsibilities, indicating that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, in practice, a serious deficiency is observed in the application of the law relating to these matters, particularly in relation to women in high-ranking positions (OHCHR, Press statement of 12 April 2019). The Committee asks the Government to provide information on the measures adopted, in the framework of Law 3896/2010 and the National Action Plan on Gender Equality or otherwise, to facilitate the reconciliation between work and family life both for men and women workers with family responsibilities, including by ensuring that workers with family responsibilities receive adequate protection against discrimination in practice. The Committee asks the Government to provide information on any measures taken to ensure the effective implementation of the relevant legislative provisions, including awareness-raising activities for employers, as well as their impact. It also asks the Government to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the Ombudsperson, or the courts, as well as on the sanctions imposed and remedies provided.

Article 5. Childcare and family services and facilities. The Committee previously noted that, as a result of the action “Reconciliation of work and family life” (implemented in the framework of the Operational Programme “Human Resources Development” 2007/2013), women workers received a voucher providing care services for babies, children and persons with disabilities, and requested the Government to consider providing such vouchers to men and women workers with family responsibilities on an equal footing. The Committee notes the Government’s indication that such measures benefited almost 210,000 persons and that, as a result, the action will be continued for the period 2014–20, targeting women with low income. The Government adds that the beneficiaries of such action are mothers, as well as men or women who are granted the custody of children by court ruling. The Committee notes that, in its supplementary information, the Government indicates that, according to Joint Ministerial Decision (JMD) 71383 (O.G. B’/2774/08.07.2020), provision was made for vouchers for child care and care for persons with disabilities, with a view to increasing the employability of low income beneficiary men and women. Concerning the number of childcare facilities, the Committee notes that in its report and supplementary information the Government indicates that: (1) according to 2020 data, there are a total of 2489 public and 1437 private childcare facilities, benefiting 65376 and 71976 children respectively; and (2) pursuant to article 12 of Law No.1483/1984, when constructing their buildings, industrial undertakings or holdings with a staff of more than three hundred persons, are required to foresee the provision of adequate and appropriate accommodation for a nursery school covering the needs of workers (in this context, the Manpower Employment Organization has the responsibility for the operation of 25 nurseries nationwide, hosting 1.061 toddlers and infants). The Committee however notes that the GSEE expresses concern at the continuous reduction of the available day-care facilities for children and dependent persons and refers in this regard to the 2016 Annual report of the National Commission for Human Rights which highlighted the continuous reduction of the already insufficient day-care facilities for children and dependent persons limiting women’s ability to take up employment or keeping them in jobs with reduced rights (NCHR, Annual report, 2016). The Committee also notes that, in its observations presented on the implementation of the ILO Equal Remuneration Convention, 1951 (No. 100) and Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Hellenic Federation of Enterprises and Industries (SEV) highlights that it is essential to increase and ensure better availability, accessibility and quality of formal care facilities, especially for infants and preschool children, to increase the active participation of women in the labour market. It further notes that the European Commission recently indicated that, as regards the availability of childcare facilities, the situation in Greece, which has a participation rate lower than 10 per cent, hardly improved at all (European Commission, 2019 Report on equality between men and women in the EU). Furthermore, it notes that, in December 2018, the GSFPGE highlighted the need for additional measures for the participation of children in preschool education, which will contribute to the reconciliation of family, personal and professional life of their parents, especially women (GSFPGE, E-bulletin No. 18, 17 December 2018). The Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and Practice also considered that a major issue of concern for gender equality is the severe reduction of state-provided care services for children and dependent persons which intensifies women’s unpaid care work, limiting their ability to access or remain into the labour market, Greece having very low rates of childcare and childcare being costly. The Committee asks the Government to continue taking appropriate steps in order to effectively ensure adequate, affordable and accessible childcare services and facilities, with a view to assisting men and women workers to reconcile work and family responsibilities. It further asks the Government to provide information on: (i) the extent of childcare, and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

Article 8. Protection against dismissal. The Committee previously noted the rapid increase in the number of complaints relating to the dismissal of pregnant women, despite Act No. 3896/2010 (sections 16 and 20) and Act No. 3996/2011 which provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. The Government indicates that, pursuant to section 52 of Law No. 4075/2012, dismissal on the ground of an application for granting parental leave is null and void. The Committee notes that NAPGE 2016–2020 sets, among its specific actions: (1) the protection of pregnant women, including through the elimination of abuse of dismissal for a “significant reason”; (2) the protection of women against discrimination on the grounds of pregnancy or maternity; and (3) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. It further notes the Government’s indication that the Labour Inspectorate, in cooperation with the Ombudsperson, is the relevant body to address complaints on violations of worker’s rights and that, in 2018, Labour Inspectorate Regional Directorates handled 15 cases regarding women who were forced to resign or dismissed during maternity protection period. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that the substantial number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition has not been fully understood. The Committee asks the Government: (i) to take appropriate steps to ensure effective protection of men and women workers against dismissal on the ground of family responsibilities, including by ensuring that effect is given in practice to sections 16 and 20 of Act No. 3896/2010 and Act No. 3996/2011; and (ii) to provide information on any cases of dismissal of workers on the ground of family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts as well as the sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Impact of the structural reform measures on the application of the Convention. Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on gender equality, including workers with family responsibilities. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of any impact assessment of the austerity measures on the implementation of the Convention, and considers that due to the austerity measures, the burden of family responsibilities on women has increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. While noting that the third economic adjustment programme ended on 20 August 2018, the Committee also notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (OHCHR, Press statement of 12 April 2019). While regretting that the Government did not undertake any impact assessment that could have helped it to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee trusts that the Government will take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsperson and the enforcement authorities, to assess and address all the issues identified by the Committee on the Application of Standards of the International Labour Conference. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacle identified and the results achieved.

Article 2 of the Convention. Categories of workers. The Committee notes that, in 2018, the Ombudsperson and the European Commission highlighted that employees in fixed-term employment contracts in the public sector (including substitute state school teachers), are not granted the maternity leave which their permanent colleagues receive and are not entitled to paid sick leave in case of pregnancy related illness and parental leave (Ombudsperson, 2018 special report on equal treatment, and European Commission, Country report on gender discrimination, 2018). It notes that the GSEE also expresses specific concern in this regard. In its response to GSEE concerns, the Government indicates that maternity benefit entitlements are paid by the employer, the worker’s social security fund and the Greek Employment Office (OAED) at different rates. The Government also states that the special provision for maternity protection is not granted to: (1) workers bound by a fixed-term working relationship under private law in the public and broader public sector and certain Local Self-Government Agencies, and (2) workers bound by fixed-term or open-ended employment relationship under private law in Public Entities under Private Law that are included in the Register of General Government Authorities. Recalling that the Convention applies to all categories of workers, the Committee asks the Government to provide information on the steps taken or envisaged to ensure that the measures concerning workers with family responsibilities under the national legislation apply to employees in fixed-term employment contract in the public sector, including substitute state school teachers, as well as to workers bound by fixed-term or open-ended employment relationships under private law in Public Entities.

Article 4. Leave entitlements. The Committee previously noted that section 53(3) of the Civil Servants Code (Act No. 3528/2007) limits the use of the right to childcare leave (reduced working hours or a nine month period of paid leave) by male civil servants whose spouse is not working to cases in which the spouse is not capable of caring for children due to serious illness or other disabilities. The Committee notes with interest the Government’s statement, in its report, that such provision has been repealed by Law No 4210/2013, which also amended section 53(2) of the Civil Servants Code to provide for additional childcare leave in case of multiple births. The Government adds that: (1) childcare leave is counted as service for the calculation of employees’ benefits, both in the private and public sectors, despite section 51(5) of the Civil Servants Code; (2) according to circular No.  of the Ministry of Interior, time off from work of civil servants on the grounds of unpaid child-raising leave is recognized as actual service time up to four months; and (3) following Opinion No. 167/2014 of the state legal service, the period of maternity leave and sick leave due to childbirth, as well as parental leave, constitute service for the civil servants and are taken into account in calculating annual leave. The Committee also notes that, on February 2019, the Athens Court of Appeal recognized unpaid parental leave as working time for the purpose of pay calculation (Judgment No. 3693/2018). In that regard, the Committee notes that, in its supplementary information, the Government indicates that maternity and childcare leave for employees in positions of responsibility is counted as a period during which they are exercising responsibility duties. The Government points out that, by virtue of relevant circulars, a number of entitlements to leave related to family responsibilities (for instance, in cases where the worker has sick children, minors or adults with pervasive developmental disorder (PDD), or in specific cases where the worker has custody of a child as a litigation guardian) are an independent right of each parent-employee. Concerning the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors, the Government states that no statistics are available but that family-related leave entitlements are mainly used by female civil servants. Data from 2020 provided by the Government in its supplementary information shows that, irrespective of the form of employment, women are granted more special leaves (80 per cent) than men, although men are granted a significant share of leaves for children’s school performance monitoring (26 per cent) and child-raising (24 per cent). The Government also refers to the ELSTAT’s Labour Force Survey (LFS), according to which: (1) in 2019, caring for children or dependent adults is the reason for part-time employment for 4.7 per cent of part-timers, and other family or personal responsibilities is the reason for part-time employment of 10.3 per cent; (2) in 2020, reasons for remaining inactive in the labour market included caring responsibilities for children or dependent adults (for 0.5 per cent of men and 8.7 per cent of women), family and caring responsibilities (for 2.1 per cent of men and 27.2 per cent of women) and other family or personal responsibilities (for 1.7 per cent of men and 18.4 per cent of women). The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that men frequently faced adversities in the equal granting of child-raising leave, as a result of the perception that child raising is strictly and exclusively the mother’s role, and that the NAPGE for 2016–20 provides for targeted actions to encourage men to use parental leave. The Committee encourages the Government to take steps to collect statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both in the public and private sectors, and to provide information on any progress made in that regard. Taking into consideration the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee also asks the Government to provide information on any proactive measures taken to address the obstacles in the grating of parental leave and to encourage more men to make use of family-related leave, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children, and other immediate family members, as well as on their impact.

Article 6. Awareness-raising measures. The Committee notes the Government’s statement that it encourages dialogue between social partners and non-governmental organizations on the basis of Law 3896/2010, and that the reconciliation of work and family life formed part of the Gender Equality Actions Plans which were implemented at regional level as a tool of gender mainstreaming in all public policies, in the framework of the National Strategic Reference Framework (NSRF) for 2007–13, which was completed in 2015. The Government adds that the GSFPGE regularly undertook information and awareness-raising activities for public bodies and social partners, and publishes relevant information on its webpage as well as other print and electronic mass media. The Government also adds that the Ministry of Labour and Social Affairs is implementing a number of community employment programs to grant the right of special leave for mothers, parents and for other beneficiaries with family circumstances in their conditions of employment, as well as self-employment promotion programs through the financial support of the entrepreneurial initiatives of women with young children or caring for a first-degree relative with a disability, and employment programs for women with young children. The Committee further notes that the NAPGE for 2016–20 sets as targeted action “providing training to employers on work and family life balance issues, to encourage the adoption of family-friendly practices at workplaces”. The Committee asks the Government to provide information on the actions undertaken, including in the framework of the National Action Plan for Gender Equality, in order to promote a broader understanding of the principle of equality of opportunity and treatment for men and women workers and awareness of the rights and needs of workers with family responsibilities, including among employers, and to address gender stereotypes regarding the role of men and women with respect to family responsibilities. It asks the Government to provide information on the impact of the awareness-raising activities undertaken, and on the implementation in practice of family-friendly practices at workplaces.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that, according to article 13 of Law No. 3896/2010, any form of discrimination on grounds of gender or marital status shall be prohibited with regard to the access to vocational guidance and re-guidance of any type, as well as to the determination of conditions and the participation in examinations for the acquisition of award of diplomas, certificates and other qualifications or licenses to exercise a profession. The Government also indicates that, according to article 20 of the same law, employees who use any leave provided for the birth, upbringing or adoption of a child, are entitled to return to their job or equivalent job post with no less favourable working terms and conditions and to benefit from any improvement of working conditions which they would be entitled to in their absence. The Committee asks the Government to provide information on how relevant provisions of Law No.3896/2010 are implemented in practice. It also asks the Government to provide statistical information on the number of workers with family responsibilities, disaggregated by sex, who participated in vocational guidance and training programmes.

Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s indication that the GSFPGE implemented five co-financed projects, in the context of the National Strategic Reference Framework for 2007–13, in order to establish Equality Offices, with helplines addressing issues on reconciliation of work and family life, in the headquarters of five employers and workers organizations. The Committee asks the Government to continue to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have participated in the design and implementation of such measures, including through collective bargaining and workplace policies on work and family reconciliation. Please provide information on the activities of the Equality Offices established at social partners’ headquarters and the results achieved.

The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee called for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 19 (equality of treatment) and 102 (minimum standards) together.

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 1 September 2017.

Articles 71(3) and 72(2) of Convention No. 102. Preserving the viability of the social security system. With respect to its previous comments on preserving the viability of the social security system, the Committee notes the information provided by the Government in its report concerning the adoption of Law No. 4387/2016, on the basis of which the Greek social security system was redesigned as a unified system based on the general principles of ensuring decent living and social protection in terms of equality, social justice, redistribution and intergenerational solidarity. The Government indicates that the said Law establishes uniform rules for all, old and new insured persons (before and after 1 January 1993) including employees in the private and public sectors and self-employed, and strengthens social justice for precarious social groups by means of establishing a non-contributory national pension and ensuring high benefit replacement rates. The Committee further takes note of the Government’s indication that a basic innovation of the new social security system is the establishment of the Single Unified Social Security Fund (EFKA), which consolidated the main social insurance institutions and started operating from 1 January 2017. The Committee notes, as indicated by the Government, that, in accordance with Articles 7 and 8 of Law No. 4387/2016 since 13 May 2016, the main old-age, invalidity and survivors’ pensions consist of a national part and a contributory part. The Government further specifies that the national part of the pension is not funded by insurance contributions but directly from the state budget. Its full amount is set at €384 per month and it is paid in full if the person concerned has at least 20 years of contributions and 40 years of residence in Greece. The amount of the national pension is reduced by 2 per cent for each year needed to complete the 20-year contribution condition, provided however that at least 15 years of contributions have been completed. If the insured has not completed 40 years of residence in Greece, the final amount of the national pension is decreased proportionally. The contributory part of the pension is calculated on the basis of the average pensionable earnings over the entire working life before retirement. The Committee notes the GSEE’s observations indicating that the reform of the social security system pursuant to Law No. 4387/2016 has not affected the level of the minimum protection and that the impact of continuing austerity measures on social security rights remain topical. The GSEE refers to the Decisions and Recommendations of the Greek National Commission for Human Rights (GNCHR) which indicate that the 2016 reform is characterized by fiscal and collection oriented measures rather than insurance based and operational effectiveness measures. The GSEE further points out that the GNCHR consider that the 2016 reform focuses on spending cuts and revenue increases without a theoretically or empirically grounded vision for a new and efficient social protection system. In addition, the GNCHR indicates that in the face of the risks posed by negative demographic changes and the severity of the economic crisis, the 2016 reform does not effectively address the historical structural pathogeny and inefficiency of the Greek social protection system including the dependence of the social system on the state budget, the mismanagement, financial in particular of social security system funds and resources. Recalling that in accordance with Articles 71(3) and 72(2) of the Convention, the Government shall accept general responsibility for the due provision of the benefits provided in compliance with the Convention and the proper administration of social security institutions and services, the Committee requests the Government to indicate the measures taken or envisaged to ensure the sustainability of the social security system established by Law No. 4387/2016 and its ability to pay benefits.

Social security and reduction of poverty. With respect to its previous comments on the measures necessary to reduce poverty, the Committee notes the Government’s indication that in accordance with the Law No. 4335/2015, the “Social Solidarity Income” scheme which provides income support, access to social services and goods and actions for (re)integration into the labour market is being implemented throughout the country since 2017. The Committee also takes note of the data provided by the Government on the poverty level among various categories of population and household. The Committee also notes the GSEE’s observations indicating that according to the 2016 report of the UN Independent Expert on the effects of foreign debt, in 2014, a substantial number of retirees had pensions well below the poverty threshold, and even the subsistence threshold, all in the absence of a minimum safety net to address the shortcomings of social security. It further indicates that over 3.8 million people in Greece (36 per cent of the population) are at risk of poverty or social exclusion and over 1 million people can be considered as extremely poor, meaning that they have less than 40 per cent of the median average income at their disposal. The Committee further notes the GSEE’s reference to the 2015 concluding observations of the UN Committee on Economic, Social and Cultural Rights on Greece indicating the insufficient assistance provided to persons whose benefits have been reduced or discontinued and the cuts and stringent terms and conditions imposed on non-contributory old-age benefits, which have a negative impact on the living conditions of older persons and their families. Recalling that the level of social security benefits shall be not less than the requirements set out in Part XI of the Convention, and in particular, shall be sufficient to maintain the family of the beneficiary in health and decency (Article 67), the Committee hopes that the Government will take the necessary measures to ensure the level of social security benefits guaranteed by the Convention and requests the Government to keep it informed in this respect.

Part II (Medical care). The Committee notes the information provided by the Government in reply to its previous request concerning the number of persons insured under Part II of the Convention.

Part III (Sickness benefit). Article 16. Rate of benefit for the first 15 days of incapacity for work. The Committee notes from the 35th (2017) Government’s report on the application of the European Code of Social Security (Code) which contains the same provision, that the amount of sickness benefit is equal to 50 per cent of the presumed wage of the insurance class to which the insured person belongs, which is determined based on the average salary of the last 30 working days of the calendar year prior to notification of the incapacity for work. The Committee further notes that the amount of sickness benefit is increased by 10 per cent for each family member protected and cannot be higher than the presumed wage of the eighth insurance class, or 70 per cent of the wage of the insurance class based on which the allowance is calculated. In addition, every year, for the first 15 days of absence from work due to illness, however, the benefit is only equal to 50 per cent of the daily sickness allowance, increased by 10 per cent for each protected family member. In any case, it cannot exceed the presumed wage of the third insurance class, or 35 per cent of the wage of the insurance class under which the allowance is calculated. The Committee observes that the reduced amount of the sickness benefit payable for the first 15 days is unlikely to attain the level prescribed by the Convention in its Article 16 in conjunction with Article 65 and the Schedule appended to it, which is 45 per cent of the wage of a standard beneficiary defined as a person with a dependent spouse and two children. The Committee therefore requests the Government to calculate the replacement rate of the sickness benefit provided to the standard beneficiary in the first 15 days of absence from work as indicated in the report form for the Convention.

Articles 17 and 18. Duration of benefit for public sector employees. The Committee notes from the 35th (2017) Government’s report on the application of the Code which contains the same provisions that a public sector employee who has completed a service period of at least six months is entitled to paid sick leave for as many months as the number of his or her years of service. The Committee further notes that from the total possible duration of sick leave, the days of sick leave that the employee has received during the previous five years are deducted. The Committee observes that, in order to acquire the right to receive sickness benefit in the form of paid sick leave for at least 26 weeks (six months) guaranteed by the Convention, a public sector employee has to complete six years of service without taking any sick leave during the last five of them. The Committee recalls that Articles 17 and 18 of the Convention guarantee a minimum duration of sickness benefit of 26 weeks and allows a qualifying period only insofar as it is deemed necessary to preclude abuse. The Committee considers that a six-month qualifying period can usually be considered sufficient to this end. The Committee thus requests the Government to indicate whether public sector employees are entitled to any benefit during periods of sick leave exceeding the period laid down in Article 54 of the Code of Public Civil Administrative Employees (Law No. 3528/2007).

Part VI (Employment injury benefit). Article 36(2) and 38. Benefits for incapacity of less than 50 per cent. The Committee recalls its previous comments in which it noted that, in order to receive an employment injury invalidity pension, insured persons employed in the private sector must have a disability corresponding to at least 50 per cent of incapacity for work. The Committee observed that this limitation was not compatible with Articles 36(2) and 38 of the Convention, which require the payment of a partial pension in case of employment injury also to victims of employment injury with incapacity of less than 50 per cent throughout the contingency. The Committee therefore requests the Government to take appropriate measures, without further delay, in order to bring the national legislation in this respect in compliance with Articles 36(2) and 38 of the Convention.

Part XI (Standards to be complied with by periodical payments). Article 65. Replacement rate of old-age, invalidity and survivors’ benefits. The Committee notes from the 35th (2017) report on the application of the Code, which contains the same provision, that due to changes in the economy, the Government decided to use a new reference wage, calculated in accordance with Article 65(6)(b), which is the wage of a skilled male employee from the industry or economic activity with the highest number of male employees. The Committee further notes the Government’s explanation that, as the economic activities with the highest number of male employees (wholesale, accommodation) do not have any manual workers, it was necessary to move to the third economic activity with the highest number of employees, which is manufacturing (D), where the group of skilled male employees constitutes around 60 per cent of all employees. In this economic activity, the Unified Social Security Fund identifies the wages of skilled male manual workers (ISCO groups 7 and 8) and calculates the average wage for this group. The Committee takes note of this information and requests the Government to provide calculations on the replacement rate of old-age, invalidity and survivors’ benefits based on the new reference wage determined in accordance with Article 65(6)(b) of the Convention.

Article 65(10). Adjustment of benefits. Noting the adoption of Law No. 4387/2016, the Committee requests the Government to provide explanations on the mechanisms established for the regular adjustment of benefits in accordance with Article 14(4) of Law No. 4387/2016 and to set out how this adjustment provision has been implemented in practice since 2016 notably by providing the statistical data requested in the report form for the Convention for the period 2016–18.

Application of Convention No. 19 in practice. In its previous comments, the Committee requested the Government to provide information on the manner in which industrial accidents are dealt with when they involve foreigners without the necessary documentation on their legal residence in Greece. The Committee also requested the Government to provide information on the manner in which compensation to persons injured in industrial accidents or their dependants is provided abroad. The Committee notes the Government’s indication in its report that based on the Law No. 3850/2010 ratifying the Code of Laws related to Occupational Safety and Health, the Law No. 3996/2011 reforming the labour inspectorate, regulating social security issues and other provisions, and the Presidential Decree No. 113/2014, all occupational accidents are handled in a single manner, irrespective of whether the workers are foreign or Greek nationals or whether their working relationship is legal or not. The Committee further notes the statistical data on the number of occupational accidents for 2015 showing that workers originating from non-European Union countries were involved in 6.4 per cent of occupational accidents according to Regional Units of the Labour Inspectorate. The Committee takes note of this information and reiterates its request on the manner in which compensation to persons injured in industrial accidents or their dependants is provided abroad in case they reside in the territory of a Member, party to the Convention.

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2018. The Committee further notes the observations of the Greek Medical Corps Association (ESTIA) received in May 2019, as well the Government’s reply to these observations received in October 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously noted the adoption of Act No. 4198/2013 on preventing and combating trafficking in human beings and protecting its victims, and other provisions. A Coordination Mechanism with public authorities had also been established as well as a National Referral Mechanism (NRM). Moreover, a national strategy for combating trafficking in human beings was to be adopted. The Committee requested the Government to provide information on the implementation of the national strategy to combat trafficking in human beings, as well as on the measures taken to ensure better identification of victims, their protection, support and compensation as provided for in the legislation.

The Committee notes the Government’s indication in its report that the National Action Plan for Preventing and Fighting against Human Trafficking, Protecting and Supporting the victims, and Prosecuting the perpetrators (2018–23) has been developed with the participation of public agencies, NGOs, civil society and grass root organizations. The Committee requests the Government to provide further information on the National Action Plan for Preventing and Fighting against Human Trafficking, Protecting and Supporting the victims, and Prosecuting the perpetrators (2018–23), including the measures taken for its implementation. It also requests the Government to provide information on the results achieved following the adoption of the National Action Plan.

2. Identification and protection of victims. The Committee notes the Government’s indication that a formal national identification and referral system for victims and presumed victims of trafficking has been established (Ministerial Decision No. 30840 of 20 September 2016). The mechanism operates as a hub for coordinated action and partnership building, among all actors involved in combating trafficking in persons. It also brings in additional professionals and stakeholders into the screening and identification process of mixed migratory/refugee flows (migration services, labour inspectors, health providers, local administration authorities).The Government also indicates that under the Migration and Social Integration Code (Law No. 4251/2014) a residence permit is provided for victims of trafficking, even if the person does not cooperate with the competent authorities, provided the person has been recognized by the competent prosecutor as a victim of trafficking. Under section 19A of Law No. 4251/2014, victims of trafficking who do not cooperate with the competent authorities, are granted free of charge a one-year residence permit for humanitarian reasons according to a decision of the Minister of Migration Policy. The one-year residence permit can be renewed for two years each time only under the precondition that the relevant criminal proceedings continue (Law No. 4332/2015 amending Law No. 4251/2014). Moreover, if a person prosecuted for infringement of the Immigration Law, for illegal prostitution, or for participating in criminal activities indicates that she/he is a victim of trafficking and the activities for which she/he is prosecuted are the direct result of her/him being a victim of trafficking, then her/his prosecution may temporarily be stopped. Victims of trafficking are also entitled to apply for compensation from the Greek State (sections 323A and 351 of the Penal Code). Application for compensation shall be addressed to the Greek Compensation Authority by the entitled person or by their proxy within a time limit of one year from the date on which the claim arises.

The Committee also takes due note of the statistical information provided by the Government on the number of victims of trafficking and the forms of exploitation detected from 2015 to 2018. It notes that during the first five months of 2018, 17 victims were identified, one case of labour exploitation and 16 cases of sexual exploitation were detected. The Committee requests the Government to continue its efforts to identify victims of trafficking both for labour and sexual exploitation and to facilitate their access to assistance and remedies. The Committee also requests the Government to provide statistical information on the number of victims identified and who have been granted protection and assistance.

3. Law enforcement. The Government states that in order to tackle trafficking in persons, a certain number of actions have been undertaken within the framework of the Anti-Crime Policy Programme 2015–19 including: (i) raising awareness among the personnel of the Hellenic Police about the phenomenon of trafficking; (ii) conducting inspections and investigations to identify all forms of trafficking in persons; (iii) establishing mixed inspection teams composed of policemen and labour inspectors in regions and periods of the year where a large number of foreign workers are concentrated; and (iv) informing, raising awareness and activating points of entry and border-crossing points for the identification of potential victims of trafficking. Moreover, for the effective investigation of cases of trafficking in persons, the police has established 12 teams for fighting trafficking in human beings and two departments for the same purpose. Their personnel has received specialized training on how to approach victims and investigate cases of trafficking.

The Government further indicates that, the Labour Inspectorate (SEPE) has expanded its competences to further cooperate with other inspection mechanisms such as the Financial Crimes Police. The SEPE also cooperates with the National Rapporteur on Trafficking in Human Beings.

The Government also indicates that for the year 2014, five prosecutions, one conviction on first instance, three acquittals on first instance, three postponements, one appeal and a conviction on second instance have been registered.

The Committee further notes that in its observations, the Greek General Confederation of Labour (GSEE) refers to the report of the National Commission for Human Rights (GNCHR) dated 27 August 2018 on the compliance of the Greek State with the decision of the European Court of Human Rights “Chowdury and others v Greece” (known as the “Manolada case” – Court Decision of 30 March 2017). In its decision, the European Court examined the case of migrant workers trafficked for the purpose of labour exploitation who found themselves in a situation of forced labour in the agricultural sector. The European Court found that the applicants’ situation was one of trafficking in persons and forced labour. It held that Greece was to pay each of the victims €16,000 and recommended that the Government take proactive measures to prevent forced labour and trafficking in persons, protect victims, conduct effective investigations into the offences and punish those responsible.

In its report, the GNCHR points out that the Manolada case is not an isolated case, as alleged by the competent Greek authorities. Indeed, other similar incidents have occurred, including the fire of 7 June 2018, in an improvised camp made of canes and plastic in the area of N. Manoloda. In this regard, the Committee notes that the GSEE has annexed to its communication the “Application–Petition” of the 164 land workers – victims of the fire. The Committee notes that the GNCHR has issued a series of recommendations, including: (i) enhance the control of the working conditions of migrant workers; (ii) speed up the process of granting the status of victims of trafficking; (iii) pursue a proactive strategy for identifying victims of trafficking for the purpose of labour exploitation and/or forced labour; and (iv) ensure that victims are systematically informed in a language that they can understand of their right to seek redress.

The Committee notes that in its reply to the above observations, the Government indicates that it has already forwarded its positions to the relevant Committee of the Council of Europe.

The Committee requests the Government to continue providing information on the measures taken to strengthen the capacity of the law enforcement authorities to combat all forms of forced labour, including trafficking in persons, conduct effective investigations into these offences and to punish those responsible. It also requests the Government to provide further information on the number of investigations, prosecutions and convictions related to trafficking in persons, as well as the specific penalties applied to those convicted. Regarding the Government’s position on the recommendations of the GNCHR, the Committee requests the Government to provide information on any decision taken by the Council of Europe on this point.

Articles 1(1) and 2(1). Freedom of career medical officers of the armed forces to leave the service. The Committee previously noted the 2013 observations from the Hellenic Military Medical Corps Association (ESTIA), as well as the 2014 Government’s reply to these observations. The ESTIA referred to the situation of medical officers of the army who have benefited from academic studies and training, and find themselves under an obligation to serve in the army for a very long period of time which may exceed 30 years. This includes an obligation to serve twice as long as the period of initial training of six years received, that is, 12 years, as well as an additional requirement to obtain a specialization which entails a further obligation to serve for five years, and further obligations linked to other training. In its reply, the Government referred to the provisions governing the resignation of army officers as set out in Legislative Decree No. 1400/1973 (amended by Act No. 3257/2004). In this regard, an officer who has received training can be authorized to leave the army only after having completed a compulsory period of service which is twice the duration of training received. Furthermore, officers of the medical corps who have received specialization training undertake the obligation to remain in the armed forces for five years. The Government considered that these additional periods for which officials must remain in the armed forces are legitimate since they constitute a means of reimbursement of the expenditure incurred by the State for the provision of the studies which are offered free of charge. Officers accept voluntarily to participate in the training after having been informed of the obligation to serve linked to the training. The Committee requested the Government to communicate statistical information on the average length of the obligation to serve of medical officers of the armed forces, as well as on the number of requests for resignation handed in by medical officers, and the number of resignations accepted (including information on the sum required from the medical officers to buy back their remaining years of service).

Regarding the average length of the obligation to serve of medical officers, the Committee notes the Government’s reference to a series of Decisions of the Court of Auditors Plenary in which it was decided that the compensation by an officer of medical corps in the armed forces of their training costs does not constitute a form of compulsion but a legal compensation for the costs incurred by the Service. Moreover, according to Opinion No. 156/2006 of the State Legal Council, the time during which an officer of the medical corps is absent from duty for the internship is considered as training time which is not taken into account as actual military service time. With this calculation method, the average time period that these officers must remain in the Armed Forces is 17–18 years; 12 years (double the time of six years of studies at the Academy) plus five years (additional commitment to remain in the armed forces because of medical internship, the cost of which is covered by the service), plus a possible one year for further training.

The Committee notes that the Government has provided some statistical information on the percentage of resignations submitted by officers per year in relation to the total number of officers in the medical corps servicing at each branch of the armed forces who are under the obligation to remain in the armed forces. All submitted resignations have been accepted.

Regarding the sum required from the medical officers to buy back their remaining years of service, the Government indicates that for instance, for nine years of remaining compulsory service (which is the average remaining time that officers who resign have to serve), they have to pay an amount that ranges from €130,000 to €150,000.

Finally, the Government adds that the obligation to remain in the armed forces for a minimum period applies to all officers of the armed forces and not only to the officers of the medical corps. The award of compensation to the State in case of early resignation is used as a reimbursement of the expenses incurred by the State for the training of the officers, to whom, in addition to the training itself, accommodation, food, salary and clothing are provided. Given the above, the amount of the said compensation is calculated in an objective manner and it is the amount of the actual monthly salaries according to the officers’ rank multiplied by the number of the remaining months of compulsory service that the resigned officers should provide to the armed forces under section 33 of Law 3883/2010.

The Committee notes that according to ESTIA’s observations of May 2019, the compensation that a military doctor has to pay for leaving the service early ranges from €130,000 to €150,000, which is an excessive amount compared to the salary of €1,000–1,500 that a doctor earns at the age of 35–40 years. Accordingly, this amount is not correlated with the cost of training which amounts to €31,195. Referring to the 2002 Decision of the European Committee of Social Rights, in which the maximum service has been established at 15 years, ESTIA indicates that the Government sets up a maximum period of 17 years’ service (Law 3252 of 2004). However, in practice, four years of extra training obligation should be added to this period of 17 years (in some cases it may exceed 21 years).

The Committee also notes that in its reply the Government indicates that the compensation that medical officers have to pay for failure to fulfil their obligations due to their early exit from the armed forces should be equal to the current monthly salary and multiplied by the number of the remaining months of service. The medical doctors who have been trained abroad have also the same obligation to compensate the state.

In light of the above, the Committee recalls that career members of the armed forces who have voluntarily entered the military service must be able to leave the service in time of peace, within a reasonable period either at specified intervals or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training incurred by the State.

The Committee duly notes that medical officers in the armed forces fully enjoy the right to leave their service at their own request before the completion of the period for which they undertook to remain in service, if they reimburse part of the cost of the training received.

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received in 2017.

Article 2 of the Convention. Conformity of the national list of occupational diseases with the Schedule established by the Convention. Further to its previous request on the draft national list of occupational diseases, the Committee notes with satisfaction that as indicated by the Government in its report, Annex I of the European schedule of occupational diseases, 2003/670/EC, became an integral part of the Presidential Decree No. 51 of 2012. The Committee further notes the Government‘s indication that a working group is to be established to set out the criteria for the recognition of occupational diseases based on the Explanatory Notes of the European Commission. In this regard, the Committee notes the GSEE’s observations that the new Schedule of occupational diseases has not been activated yet due to the fact that the necessary legislation determining the diagnostic criteria has not been issued. The Committee requests the Government to provide information in this respect.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to explain the reasons for the significant drop in the number of new cases of recognized occupational diseases and to provide information on the functioning in practice of the procedure for recognizing a disease as occupational. The Committee notes the Government’s indication that the number of occupational diseases remains low (less than 10 per year) and that the statistical processing is currently not feasible in practice. The Government further indicates its participation in an informal EU Group of Experts to lay down common criteria for diagnosing occupational diseases and address the lack of statistical data reliability and comparability on occupational diseases. The Committee notes the GSEE’s observations that the prevalence of occupational diseases is still not adequately monitored. The Committee requests the Government to provide information on the necessary measures taken or envisaged to ensure the monitoring and collection of statistical data on occupational diseases.

Article 12 of the Convention. Regular payment of wages. Final settlement of wages upon termination of employment. Further to its previous comments on these matters, the Committee notes the statistical information provided by the Government in its report regarding the number of fines imposed, complaints received and labour disputes handled which related to the non-payment of wages in the period 2014–16. The Committee also notes that the country successfully exited the European Stability Mechanism programme in August 2018. The Committee requests the Government to continue to provide updated information on the number of fines imposed, complaints received and labour disputes handled which relate to any cases of non-payment or irregular payment of wages.

The Committee notes the observations of the Hellenic Federation of Enterprises and Industries (SEV) and the International Organisation of Employers (IOE), as well as the observations of the Greek General Confederation of Labour (GSEE), all received on 31 August 2018. It further notes the Government’s reply to these observations received on 19 November 2018.

Articles 1, 2, 5 and 6 of the Convention. Representative organizations. Effective tripartite consultations. The Committee notes that the Federation of Industries of Northern Greece (SBBE), which represents more than 500 enterprises located in various regions of the country, was recognized as a representative organisation by virtue of Law No. 4554/2018. The Government indicates that it continues to work in consultation with the most representative workers’ and employers’ organizations in addressing issues concerning international labour standards covered under Article 5(1) of the Convention either through written correspondence or by convening meetings of the Division for the Promotion of Application of International Labour Standards of the Higher Labour Council (the ILS Division), which is composed by the tripartite partners. In their observations, the SEV and the IOE, as well as the GSEE, maintain that the new National General Collective Labour Agreement, signed in March 2018 by all the national social partners, makes a specific request to the Government to activate a Tripartite Consultative Council, with the objective of strengthening the weakened tripartite consultations. In its response, the Government indicates that the ILS Division already provides the necessary institutional framework for conducting effective tripartite consultations on international labour standards for purposes of the Convention. The Committee notes the information provided by the Government on the meetings held by the ILS Division between 2015 and 2018. It notes that, at its May 2016 meeting, the ILS Division discussed the potential ratification of the Dock Work Convention, 1973 (No. 137), and the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). At its meeting in May 2017, the ILS Division discussed the items on the agenda of the 106th Conference. In its observations, the GSEE indicates that it has expressed strong support for the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, during the first and only meeting held by the tripartite body of the Ministry of Labour, but maintains that its request to hold additional tripartite meetings has not been accepted. The Government replies that, in the ILS Division’s meeting of January 2018, the possible ratification of the Protocol was decided upon unanimously and that the discussion ended without further objections by the GSEE. The Committee notes that, in May 2018, the ILS Division discussed the items on the agenda of the 107th Conference. The SEV and the IOE observe that most of the ILS Division meetings have been held in relation to the items on the agenda of the Conference and that all other information regarding the application of international labour standards has been provided to them through written communications. The Committee also notes the information regarding consultations held on the ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In their observations, the SEV and the IOE refer to the meeting of the ILS Division held in June 2018 to inform the social partners of the progress of the Working Group established to take the necessary measures for ratification of Convention No. 129. The Government indicates that its conclusions were transmitted to the social partners in July 2018 and that a subsequent meeting of the ILS Division will be convened to further consider ratification of Convention No. 129. In their observations, the SEV and the IOE refer to the low frequency of meetings between the Ministry of Labour and the social partners. In its response, the Government refers to the functioning of the Supreme Labour Council’s plenary sessions, indicating that these were held in nine occasions in 2017 and in 2018. The Government also reports on the technical meetings held with the Ministry and representatives of the social partners in 2018. Noting the existence of several tripartite bodies, the Committee requests the Government to indicate the competent body for the purposes of this Convention and to continue to provide updated information on the content, frequency and outcome of the tripartite consultations held on the matters concerning international labour standards as required under Article 5(1)(a)–(e) of the Convention, particularly consultations on the prospects of ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Dock Work Convention, 1973 (No. 137), the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Protocol of 2014 to the Forced Labour Convention, 1930.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Greece on 18 January 2017 and 8 January 2019, respectively. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting that Presidential Decree No. 407 of 18 December 2001, entitled “Measures to protect young people employed in relation to maritime labour in shipping and the fisheries sector in accordance with Directive 94/33/EC”, allows for exceptions to the types of work considered hazardous, the Committee requested the Government to clarify how it implemented the absolute prohibition of hazardous work for seafarers under the age of 18 years in accordance with Standard A1.1, paragraph 4. The Committee notes the Government’s indication that according to this provision of the Convention, the prohibition of types of work is determined by national laws or regulations or by the competent authority within the framework of the implementation of article 5 paragraph 2 of the above-mentioned Presidential Decree. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to indicate how it gives effect to Standard A1.1, paragraph 4, giving due consideration to Guideline B4.3.10.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee requested the Government to provide information on whether any collective agreement has been authorized or registered permitting exceptions to the minimum hours of rest, as per Standard A2.3, paragraph 13. The Committee notes the Government’s indication that “no Collective Bargaining Agreement has been ratified to oppose the requirements of the Convention in relation to seafarers’ minimum hours of rest and that this issue is also controlled by the social partners in their consultation procedures for setting the corresponding terms and signing their agreements”. The Committee takes note of this information.

Regulation 2.4 and the Code. Entitlement to leave. Noting that section 9(3) of the MLC Regulation states that “Without prejudice to any specific terms set forth in an applicable collective agreement, any agreement to waive the right to annual leave with pay is prohibited and shall be null and void”, the Committee requested the Government to indicate the measures taken to ensure that any agreement to forgo the minimum annual leave is prohibited, unless in specific cases, restrictively provided for by the competent authority (Standard A2.4 paragraph 3). The Committee notes the Government’s indication that Council Directive 1999/63/EC of 21 June 1999 on the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) states in Article 16 that “Every seafarer shall be entitled to paid annual leave. The annual leave with pay entitlement shall be calculated on the basis of a minimum of 2,5 calendar days per month of employment and pro rata for incomplete months. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.” The Government explains that the aforementioned clause is deemed to provide further restrictions even in cases where according to the Convention the competent authority may provide for cases to forgo annual leave with pay. The Committee takes note of this information.

Regulation 2.5 and the Code. Repatriation. The Committee requested the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases when seafarers are entitled to this right. The Government refers once again to section 10(5) of the MLC Regulation which provides exceptions to the entitlement of repatriation where, inter alia, the seafarer employment agreement has been terminated due to violations of the seafarer’s obligations and duties. The Committee recalls that the Convention does not provide that the right to repatriation ends in the above circumstance. It also recalls that if the seafarer employment agreement has been terminated due to violation of the seafarers’ obligations, the seafarer is still entitled to repatriation, although the shipowner may recover – only in case of serious default of the seafarer’s employment obligations – the expenses incurred. The Committee requests the Government once again to adopt the necessary measures to ensure that any provision in the national legislation depriving seafarers from this right is strictly limited to the circumstances allowed under the Convention. In this regard, it requests the Government to bring its legislation into conformity with the Convention. The Committee further requested the Government to provide information on provisions setting out the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”. The Committee notes the Government’s indication in this regard that, in the event of a breach of the seafarers’ obligations under the employment agreement, a regulated inquiry is held by the competent Port Authorities and all necessary field information is collected and evaluated also within the framework of the disciplinary control as stipulated in the relative Public Maritime Law Code section. Noting that under section 10(5) of the MLC Regulation the entitlement of repatriation ends where the seafarer employment agreement has been terminated due to violations of the seafarer’s obligations, the Committee recalls that the shipowner may recover the cost of repatriation only where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective agreements, to be in serious default of the seafarer’s employment obligations. It finally reminds the Government that this situation does not release the shipowner from the obligation to pay for the repatriation in the first instance (Standard A2.5.1, paragraph 3). The Committee requests the Government to indicate whether the inquiry procedure takes place before the reimbursement of the repatriation expenses by the shipowner.

The Committee notes that provisions on repatriation are also included in the Code of Private Maritime Law ratified by Law 3816/1958 (sections 78 et seq.). Noting that the regulation of repatriation under different pieces of legislation may be confusing at the time of defining and implementing such entitlement, the Committee requests the Government to take the necessary measures to harmonize the legislation which gives effect to Regulation 2.5 and the Code.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee notes with interest the Government’s indication that Ministerial Decision 2242.7-2.1/5625/24.1.2017 (Government Gazette Β.159/25.1.2017) was adopted to comply with the new provisions of the Convention. The Committee requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee requested the Government to indicate how the determination of the safe manning levels takes into account the requirements under Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee notes the Government’s indication that the requirement of carrying a cook on board as well as catering personnel in general is recorded in the ship’s articles, i.e. a national maritime document which by virtue of the Public Maritime Code is carried on board Greek vessels. The Government further refers to the Crew List provided for in articles 46 and 47 of the Code of Public Maritime Law (Statutory Decree 187/1973, Government Gazette A’261) and which, pursuant to section 11(2) of the MLC Regulation, meets the requirement for a Minimum Safe Manning Document for ships engaged in domestic voyages. The Committee notes however that the requirements on manning levels, as set by Standard A2.7 paragraphs 1–3, should also apply to ships engaged in international voyages and be reflected in the Minimum Safety Manning Document. Therefore, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.7, paragraph 3, for ships flying its flag and engaged in international voyages. The Committee further requests the Government to provide updated samples of Minimum Safe Manning Documents.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to provide information concerning its implementing legislation for vessels that continue to fall under the application of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes that the Government refers to section 13(2) of the MLC Regulation without providing specific replies to its previous requests. The Committee recalls that in various occasions it indicated to the Government that certain provisions of Conventions Nos 92 and 133 require the enactment of national legislation to ensure their application. Given that all ships built before January 4, 2014 continue to fall under the application of Conventions Nos 92 and 133, the Committee requests the Government once again to take the necessary measures to ensure compliance with the relevant provisions of these Conventions. Noting that under section 13(1) of the MLC Regulation, the provisions of the Regulation do not apply to “ships which are not required to recruit seafarers in accordance with special provisions”, the Committee requested the Government to explain how it ensures that all ships flying the Greek flag provide and maintain decent accommodation and recreational facilities for seafarers that satisfy the requirements of Regulation 3.1 and the Code. The Committee further noted that the exemptions permitted under section 16(1) of the MLC Regulation for “ships under 100 gross tonnage” and under section 17(6) of the MLC Regulation for “ships of more than 500 and less than 3,000 gross tonnage” do not fall within those permitted by the Convention. The Committee requested the Government to indicate how it ensures that any exemptions permitted in relation to Standard A3.1 are limited to those expressly permitted under that Standard. Noting the absence of information in this regard, the Committee reiterates its previous request. The Committee further requested the Government to explain how it ensures that watchkeepers are equally entitled to mess rooms pursuant to Standard A3.1, paragraph 10 of the Convention. The Committee notes the Government’s clarification that section 18(3)(b) of MLC Regulation is “in harmonized implementation of the requirements of Standard 3.1, paragraph 10, which provides that the number of seafarers likely to use them at any one time is to be taken into account for the mess rooms’ size.” It adds that the national legislation does not exclude watchkeepers from the relative protection which before or after their watch are to be provided with food and catering services as appropriate. The Committee takes note of this information, which addresses its previous request on this point. The Committee noted that, under section 20(5)(f) of the MLC Regulation, in passenger vessels of which the crew of standard size exceeds 100 persons of the same sex, one water closet shall be provided per ten persons. Recalling that the only possible exemption for the minimum of one toilet per six person requirement, as set out under Standard A3.1, paragraph 11(f), is for passenger ships normally engaged in voyages of not more than four hours’ duration, the Committee requested the Government to provide clarifications in this regard. The Committee notes the Government’s indication that the pertinent requirements of the Convention for one toilet for every six persons refers to persons who do not have personal facilities and that therefore, when such personal facilities exist, they need to be taken into account at the time of fixing the number of toilets. Thus, according to the Government, each situation is to be examined on an ad hoc basis. While noting this information, the Committee requests the Government to ensure that such special arrangements only apply to passenger ships normally engaged on voyages of not more than four hours’ duration as foreseen by Standard A3.1, paragraph 11(f). Finally, the Committee requested the Government to explain how it ensures compliance with Standard A3.1, paragraph 12. The Committee notes the Government’s explanation that section 21(1) of MLC Regulation provides for separate hospital accommodation to be used exclusively for medical purposes not only on board ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration but also on board vessels above 1,600 gross tonnage regardless of the number of seafarers and whether they are engaged in a voyage of more than three days’ duration. The Government further indicates that, within the general framework of administrative procedures for the implementation of the requirements of the Conventions in light of paragraph 8 of article 19 of the ILO Constitution, it was considered that the existing national requirement should be maintained in addition to that of the Convention to maintain the protection rendered even for voyages of less than three days and regardless the number of the crew. The Committee takes note of this information, which addresses its previous request on this point.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to explain how it ensures that the “special salary” referred to in section 28(2) of the MLC Regulation covers the seafarers’ full wages, as required under Standard A4.2.1, paragraph 3(a), and to clarify whether, in accordance with Standard A4.2.1, paragraphs 2 and 4, of the Convention, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers for not less than 16 weeks from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character. The Committee notes the Government’s indication that the coverage provided in the second sentence of section 28(2) of MLC Regulation “commences after the seafarer’s employment agreement has been terminated since when in service agreement all terms for protection of wages and health are active and applicable. Thus the allowance on determining a special sickness wage which is agreed on the basis of collective bargaining agreements that are controlled for compatibility with the Convention does not apply in cases where the employment may be deemed in force, as explicitly provided in paragraphs 1 and 2 of section 28 of the MLC Regulation.” The Committee takes note of this information which addresses its previous request.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes with interest the Government’s indication that Ministerial Decision 2242.7-2.1/5625/24.1.2017 (Government Gazette Β’159/25.1.2017) was adopted to comply with the new provisions of the Convention.

Regulation 4.3 and Standard A4.3, paragraph 3. Health and safety protection and accident prevention. Regular review of laws and regulations. The Committee requested the Government to provide updated information on the involvement of shipowners’ and seafarers’ organizations in the regular review of laws and regulations, as required under Standard A4.3, paragraph 3. The Committee notes the Government’s indication that records of cases of accidents, injuries and sickness are being compiled to assess the suggested general framework under which the consultations are conducted which entail technical arrangements. Nevertheless, in cases where finalized inquiries indicate a compelling need to amend the pertinent legislation, all the necessary initiatives should be taken. Also and in accordance with the pertinent legislation regarding the functioning of the Merchant Shipping Council, the social partners may submit any relative proposal to be discussed in order to promote the adoption of further legislative or other measures. The Committee takes note of this information.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide further information concerning its implementing national legislation and policies with respect to the social security benefits provided to seafarers. While noting the information provided by the Government, the Committee notes that no references to implementing legislation were provided in relation to medical care, old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee accordingly reiterates its previous request. The Committee further requested the Government to explain why benefits provided with respect to two of the branches specified in accordance with Standard A4.5, paragraphs 2 and 10, i.e. medical care and unemployment benefits, are less favourable than the benefits provided to shoreworkers resident in Greece. The Committee notes with interest the Government’s indication that Greece has taken the necessary steps to achieve progressively protection to seafarers and their dependants that it is not less favourable than that enjoyed by shore workers. Notwithstanding the adverse financial circumstances, the corresponding legislation has been amended by Law 4504/2017 (A’184), section 111 in order to harmonize the requirements for medical protection of the children of seafarers provided by the House of the Seafarer (Public Insurance Organization) with those applicable for the vast majority of shoreworkers. Furthermore, the amount of unemployment benefit provided was increased also by the aforementioned section. The Committee takes note of this information. The Committee notes that the Government provided no information in relation to the supplementary benefits on Holidays (Christmas and Easter) granted to seafarers. The Committee accordingly requests the Government to provide specific information in this regard. The Committee further requested the Government to explain how it takes into account Guideline B4.5 when implementing Standard A4.5, paragraph 5, and ensures compliance with the required contributions to relevant social protection and social security schemes. The Committee notes the Government’s indication that “through the crew list (naftologio), contributions are levied by all shipowners and seafarers, which cover their health care, allowances and family and unemployment, pension benefits (main pension for old age, incapacity-disability, accident, death, participation and subsidiary as well as a lump sum provider)”. The Committee takes note of this information. Noting that the Government had initiated a process of legislative reform of its pension system, the Committee requested the Government to provide clarifications as to the legislative reforms and the impact of such reforms on the Seafarers’ Pension Fund (NAT). The Committee notes that the Government provided no answer in this respect. The Committee also notes that under Law 4387/2016 (Government Gazette A’85) on a Unified Social Security System - Reform of pension-insurance system, all previous insurance bodies, including Seafarers’ Pension Fund (NAT) (article 53) have been unified under a single body of social security (EFKA). The Committee further notes that Ministerial Decision Φ.8 of 2017 (Government Gazette B’3677/2017), which implements Law 4387/2016, applies to “… seafarers registered with the competent authority of the Ministry of Maritime Affairs and Fisheries, or seafarers holding a certificate of seafarership equivalent to that of the countries of the European Union: 1. Greek nationals and/or nationals of the countries of the European Union who are members of a crew of a ship flying the Greek flag or the flag of a European Union country operating within the boundaries of the Hellenic Maritime Area, as well as of the ships flying a foreign flag contracted with the Seafarers’ Pension Fund (NAT); …”. The Committee requests the Government to clarify whether the term “Greek nationals” also encompasses permanent residents. With respect to seafarers who are nationals of Greece or other EU Members, the Committee requests the Government to provide information on: (i) the social security coverage, in the branches specified, of those who work on board EU-flagged ships outside the boundaries of the Hellenic Maritime Area; and (ii) the criteria according to which those who work on board ships flying a foreign flag are affiliated to the NAT.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee requested the Government to provide information on any measures adopted under Standard A4.5, paragraph 6 in relation to benefits to non-resident seafarers working on ships flying the Greek flag who do not have adequate security coverage. The Committee notes the Government’s indication that in the context of the application of the detailed periodic declaration of seafarers (APDN), a register is established for EU seafarers and their payment of contributions, in order for them to benefit from the protection of social insurance. The Committee requests the Government to indicate how Standard A4.5, paragraph 6 is implemented with respect to non-EU seafarers working on board Greek-flagged ships, both under the common Registry and under Presidential Decree 2687/1953 (ships registered as foreign capital).

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee requests the Government to provide information on the procedures of the settlement of disputes relating to social security for seafarers, as per Standard A4.5, paragraph 9 of the Convention.

Regulation 5.1.5 and Standard A5.1.5, paragraph 3. Flag State responsibilities. On-board complaint procedures. Victimization. Recalling the importance of enabling seafarers to file a complaint and to protect seafarers against victimization and harassment, the Committee requested the Government to provide further explanations concerning how it implements Standard A5.1.5, paragraph 3. The Committee notes the Government’s reference to section 33 of the MLC Regulation within the framework of which the term “victimization” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made. Furthermore, any complaint or information which may fall under the aforementioned term is monitored and thoroughly investigated by the port and/or consular authorities under also the guidance and orders of the judicial authorities if required and all supporting documentation is gathered in order to substantiate any complaint for victimization. The Committee takes note of this information, which addresses its previous request.

Comments adopted by the CEACR: Greece

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Comments adopted by the CEACR: Greece

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ADOPTED_BY_THE_CEACR_IN 2021

C087 - CMNT_TITLE

C098 - CMNT_TITLE

ADOPTED_BY_THE_CEACR_IN 2020

C100 - CMNT_TITLE

C100 - CMNT_TITLE

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ADOPTED_BY_THE_CEACR_IN 2019

C019 - CMNT_TITLE

C029 - CMNT_TITLE

C042 - CMNT_TITLE

C095 - CMNT_TITLE

C144 - CMNT_TITLE

MLC, 2006 - CMNT_TITLE