Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Maternity Protection Convention (Revised), 1952 (No. 103) - Greece (Ratification: 1983)

The Committee notes the information supplied by the Government in its report, particularly as regards Article 4, paragraph 2, of the Convention.

It draws the Government's attention to the following points on which it would like to receive supplementary information:

1. Article 2. In reply to the Committee's previous comments concerning the exclusion of foreigners who are temporarily employed in Greece from the social security scheme by virtue of section 4 of Act No. 1846 of 1951, the Government indicates that a recent Bill introduces a provision to amend section 4 by placing important restrictions on the meaning of temporary employment. In particular, it is envisaged that employment cannot be considered to be temporary if the foreigner's stay is for the purpose of seeking and taking employment to cater for his own and his family's fundamental needs. Furthermore, in no case will the employment of a foreigner for more than one year be considered to be temporary.

The Committee takes due note of this information. It considers that when it is adopted, the amendment to section 4 of Act No. 1846 of 1951 will constitute a first step towards providing better protection for women workers employed on a temporary basis. It therefore requests the Government to supply information on the progress achieved in this respect, and on any other measures that have been taken to ensure the full application to this category of women workers of the Convention, which does not authorise any distinction based on nationality, even if the employment contract is only temporary and irrespective of the purpose of the person's stay in the country.

2. Article 3, paragraph 3. The Committee notes with interest the information supplied by the Government concerning the maternity leave of public officials. It notes, however, that by virtue of section 105(2) of Presidential Decree No. 611 of 1977, women officials only have the right to post-natal leave if the child is born live. In this connection, it notes that new regulations for officials, which are in their last stage of preparation, and which are due to be adopted in the very near future, provide for one month's post-matal paid leave for officials whose child is stillborn. The Committee points out that Article 3, paragraph 3, of the Convention provides that the period of compulsory leave after confinement shall in no case be less than six weeks without any exceptions being authorised, including cases in which the child is stillborn. The Committee therefore hopes that the Government will be able to re-examine the situation and take the necessary measures to bring the national legislation fully into conformity with the Convention on this point.

3. Article 3, paragraphs 4, 5 and 6. The Committee notes the information supplied by the Government in its report regarding women agricultural workers working on their own account. It requests the Government to indicate, with respect to women agricultural employees, how and under which provisions an extension of maternity leave is provided for in the event of late confinement or illness arising out of pregnancy or confinement, in accordance with these provisions of the Convention.

The Committee notes the information supplied by the Government as regards the national health system. It would be grateful if it would supply detailed information in its future reports on any new measure that may be taken in this context.