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

Collective Bargaining Convention, 1981 (No. 154) - Greece (Ratification: 1996)

The Committee takes note of the Government’s report, as well as the comments made by the Greek General Confederation of Labour (GSEE) in a communication dated 16 July 2012. The Committee requests the Government to provide its observations on the latest comments from the GSEE.

Article 5 of the Convention. The Committee recalls that in its previous observations it had noted the GSEE comments in respect of the austerity measures which it considers violate the aim of the Convention to ensure the promotion of collective bargaining progressively extended to all workers, including those in the public service. The GSEE had referred to: the imposition of a temporary freeze in career advancement premiums; the imposition of a “labour reserve” concealing collective dismissals of thousands of workers in the public and broader public sector without any negotiation; and the imposition of unilateral wage and salary reductions through the establishment of a special solidarity contribution. The Committee now observes that the GSEE refers to further measures taken in the public service, including: further wage cuts and wage ceilings and an intervention in the voluntary nature of collective bargaining in the railways and urban transport sector.

In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the protection of the standards of living of the workers most affected by these interventions. It hoped that the Government and the social partners concerned would be in a position in the near future to fully discuss the time limitations of the measures imposed and to consider any further measures that may need to be taken in relation to the wages of public servants or the imposition of labour reserves in a manner so as to privilege as far as possible the determination of such matters through collective bargaining.

The Committee observes the Government’s statement that the content of collective bargaining in the public service is defined by section 3 of Act No. 2738/99 and does not include salaries and the question of a labour reserve. The new grading system in the public service corresponds with the following concrete principles: (a) the principle of fiscal adjustment, the observance of which has become a matter of crucial importance for the economic and political survival of the country in an international environment; (b) the principle of smooth functioning of the administration which is directly associated with the hierarchical classification of the levels of responsibility in the exercise of competences as well as with its performance measurement system; (c) the principle of equality and meritocracy as well as party neutrality, safeguarded through the connection between, on the one hand, the hierarchy according to the employee’s grade and wage promotion and, on the other, the employee’s typical and essential skills and performance which is assessed on equal terms for every individual, taking into account the graded individual level of responsibility as well as the specific working conditions under which the employees exercise their duties with the aim to achieving the smooth functioning of the service or the body to which they belong; and (d) the principle of ensuring the highest possible standard of employees' performance with a view to serving the public interest. More specifically, the provisions introduce an assessment system based mainly on the objective performance measurement. Furthermore, as regards the allegations of ipso jure dismissal, pre-retirement suspension of work and the labour reserve, the Government maintains that these constitute special provisions established under specific fiscal conditions under which the country observes its commitments to lender-partners to reduce public expenditure. According to the Government, the major benefit of these provisions is the fact that immediate organizational, operational and fiscal results are being guaranteed with the aim of achieving the strategic goal of reducing the state, as well as, public expenditure without causing upheaval in the lives of the personnel working in the public administration and the broader public sector.

The Committee notes the conclusions and recommendations by the Committee on Freedom of Association in relation to these same matters. It is equally aware of the grave and exceptional context in which the Government was required to act to observe commitments made to its lender-partners within the framework of the international loan mechanism. Nevertheless, in the spirit of the Convention, the Committee is firmly convinced that the promotion of collective bargaining is a key element in ensuring constructive processes to maximize the impact of crisis responses to the needs of the real economy; even in respect of clauses with economic impact in the framework of sound negotiations which take into account the gravity of the situation. The Committee further considers that engaging in intensive social dialogue is critical to determining in an inclusive manner the measures necessary to limit the impact of these provisions and to provide for adequate safeguards for the protection of workers’ living standards. The Committee refers in particular to its chapter on collective bargaining in times of crisis in its General Survey on Conventions Nos 151 and 154 in this regard in both the public and the private sectors. In this regard, the Committee stresses the relevance of an extraordinary mechanism for enabling social partners to reach conclusions on steps to be taken in times of crisis.

The Committee requests the Government to provide detailed information in its next report on the measures taken to review the abovementioned provisions with the social partners with a view to limiting their impact and providing adequate safeguards for the protection of workers’ living standards.