Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Greece (Ratification: 1988)

The Committee notes the Government’s reports received on 23 February  and 31 August 2012.

The Committee recalls the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It recalls the report of the high-level mission of the ILO which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the International Monetary Fund in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee notes that the majority of measures in the framework of structural reforms that impact on gender equality, including workers with family responsibilities, have been addressed under the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and it refers to its comments on these Conventions for a more detailed analysis. The Committee recalls the observations made by the Greek General Confederation of Labour (GSEE) dated 29 July 2010 and 28 July 2011 that due to the austerity measures, the burden of family responsibilities on women increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities; and the risk of abusive practices against workers with family responsibilities may also have increased. The Committee notes from the Annual Report 2010, of the Office of the Ombudsperson that the main problems identified in the complaints lodged in 2010 concerning workers with family responsibilities include the following: (i) legislation and collective agreements reflect an obsolete perception of gender roles in family and work with respect to parental leave; (ii) the financial crisis has highlighted and exacerbated an evident setback in protecting women’s labour rights; and (iii) in the context of the financial crisis, the public administration tends to interpret the law which governs maternity benefits narrowly.

Article 4 of the Convention. Leave entitlements. The Committee recalls that the national general collective agreement and certain sectoral agreements contained provisions aimed at safeguarding the rights of workers with family responsibilities. With respect to the impact of the measures taken in the framework of the support mechanism on industrial relations and collective bargaining, the Committee refers to its comments on Convention No. 98. It notes the Government’s indication that section 6 of the National General Collective Labour Agreement 2008–9 provides that all provisions concerning the protection of workers with family responsibilities shall also apply to foster parents, in addition to biological or adoptive parents. The Committee also recalls 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 the Government’s indication concerning section 53(2) of Act No. 3528/2007 that when both parents are civil servants, they should state which will use the right to childcare leave. It also notes the Government’s indication that pursuant to section 18 of Act No. 3801/2009, maternity leave is extended for multiple pregnancies, and a two-day childbirth leave is provided for fathers, and that pursuant to section 37(4) of Act No. 3986/2011, when both parents are civil servants, both parents are entitled to leave without pay up to a total of five years for raising a child up to the age of 6. The Committee further notes the Government’s indication that pursuant to sections 48–54 of Act No. 4075/2012, both working fathers and mothers, as well as adoptive parents, are now entitled to four-months’ unpaid leave until the child reaches the age of 6, and biological, adoptive and foster parents are granted unpaid parental leave for nursing their children due to their illness or accident. The Committee asks the Government to provide information on the practical application of the provisions concerning leave entitlements for workers with family responsibilities under Act No. 3528/2007, Act No. 3986/2011, and Act No. 4075/2012, including statistical information on the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors.

Article 5. Childcare and family services and facilities. With respect to Act No. 3863/2010 on the “New social security system and relevant provisions”, which increased the pensionable ages for mothers and widowed fathers, the Committee previously asked the Government to provide information on the measures taken to ensure adequate, affordable and accessible childcare services and facilities, as means to assist male and female workers to reconcile work and family responsibilities and to remain in the labour market. The Committee notes the Government’s indication that family responsibilities put pressure on women in relation to their working hours, which creates obstacles to their access to employment and their participation in the labour market on equal terms with men, and that the Government intends to provide childcare services and facilities to tackle this issue. Since July 2008, female workers receive a voucher which provides care services for babies, children and persons with disabilities. In the school year 2010–11, 23,013 children were placed in approximately 770 facilities, such as baby-care centres, kindergartens, and centres for children with disabilities. The Government also indicates that in addition to public facilities, there are baby-care centres and kindergartens operated by 36 charity organizations, churches and non-profit organizations, as well as 1,100 private baby-care centres. The Committee asks the Government to continue to provide information on the measures taken and the results achieved in providing sufficient, accessible and affordable childcare services and facilities, for both male and female workers, and parents wishing to enter or re-enter the labour force, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity. The Committee also asks the Government to consider providing vouchers for care services to men and women workers with family responsibilities on an equal footing.

Articles 6, 7 and 8. Measures to enable re-entry and remaining in the labour market, educational programmes, and termination of employment. The Committee recalls that Act No. 3896/2010 (section 20) and Act No. 3996/2011 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. It also recalls the information provided by the Office of the Ombudsperson, during the high-level mission, that in particular working mothers returning from maternity leave have been offered part-time and rotation work. The Committee notes the statistical information provided by the Government on the number and rate of workers with children in full-time and part-time employment both in the private and public sectors in 2011. In part-time employment, women constituted 61 per cent of workers with children up to 5 years of age, and 76 per cent of workers with children older than 5 years of age. The Committee also notes the information provided in the Annual Report 2010 of the Office of the Ombudperson that it has investigated more than 70 complaints by public officials concerning failure to grant nine-months’ parental leave to male workers, whose spouse is either self-employed or unemployed. The Committee also notes the information in the Annual Report 2010 that in the public sector, discrimination due to parental leave constituted 21.81 per cent of all discrimination cases, and were mainly regarding the right to parental leave taken by fathers; in the private sector, discrimination due to pregnancy and maternity leave constituted 16 per cent of all discrimination cases. The rate of direct discrimination was 39.5 per cent, which according to the Annual Report 2010 reflected the rapid increase in the number of complaints relating to the dismissal of pregnant women. The Committee asks the Government to make every effort to ensure that the progress achieved by previous action taken to address the needs of workers with family responsibilities in respect of access to free choice of employment, vocational training, terms and conditions of work and social security, as well as childcare and family services, will not be adversely affected by the financial crisis and the measures taken to address it. The Committee also asks the Government to intensify its efforts to promote a broader understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities, to address gender stereotypes regarding the role of men and women with respect to family responsibilities, and to provide information on any progress made in this respect. The Committee further asks the Government to continue to provide information, disaggregated by sex, on the number of workers with family responsibilities affected by rotation work and part-time work, including working mothers returning from maternity leave whose contracts have been converted into part-time contracts and on whom the employer has unilaterally imposed rotation work or part-time work. Please provide information on cases of direct or indirect discrimination, including termination of employment, concerning family responsibilities that have been addressed by the Office of the Ombudsperson, the labour inspectorate services and the courts.