Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Greece (Ratification: 1962)

The Committee notes that the Government's report has not been received. However, it notes Act No. 1915 of 28 December 1990 respecting the protection of trade union rights, the protection of the whole of the population and the financial independence of the trade union movement, and the comments of the General Confederation of Greek Workers (CGTG) of 30 November 1990.

1. Financial interference by the State in trade union affairs and collection of trade union dues. With reference to its previous comments concerning the workers' role in the financing of trade union organisations and the deduction of trade union dues, the Committee notes that sections 7 and 8 of Act No. 1915 establish the principles of financial independence for trade union organisations, the abolition of state interference, and the deduction of trade union dues with the consent of the wage earner.

However, the Committee also notes that the CGTG indicates, in its communication, that on the pretext of the financial independence of trade union organisations, the new Act deprives these organisations of the workers' money, which could lead to their economic decline. The Committee observes that under section 7 of the new Act, as of 1 January 1992, the total amount paid by workers will be used solely to achieve the objectives provided for in section 1 of Act No. 678/1977, and that under section 8, the amount of dues deducted and the way in which they are distributed among the various levels of trade union organisations will be determined by the general assemblies or executive committees of the various organisations, in accordance with their statutes. Furthermore, dues may only be deducted with the consent of the workers and will be reimbursed by the employer to the first-level enterprise organisation which will be responsible for distributing them.

The Committee has always considered that provisions governing financial operations in workers' organisations should not be such as to enable the public authorities to have discretionary powers over such operations.

The Committee therefore asks the Government to specify the scope of section 1 of Act No. 678/1977.

2. Right to strike in public services and minimum service to meet the vital needs of the population. The Committee is addressing a direct request to the Government on the application of the legislation respecting the minimum service.

3. Freedom of association of seafarers. The Committee recalls that for several years it has been raising the question of the freedom of association of seafarers who are excluded from Act No. 1264 of 1982 respecting freedom of association.

In its previous observation, the Committee noted that the comments of the Greek Shipowners' Union (EEE) and the Pan-Hellenic Maritime Federation (PNO) on the Bill respecting the democratisation of the seafarers' trade union movement were being examined by the authorities.

The Committee again expresses the hope that legislation that is consistent with the Convention will be adopted in the near future to ensure that seafarers enjoy the rights laid down in the Convention.