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

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

The Committee takes note of the Government’s report. It further notes the comments by the Greek General Confederation of Labour (GSEE) in a communication dated 16 July 2012 and by the International Trade Union Confederation (ITUC) dated 31 August 2012. The latter comments also concern the arrest and charge of a trade union leader and trade unionists for conducting a sit-in protesting the cut-off of electricity to those not able to pay the corresponding tax increases. The Committee requests the Government to provide its observations thereon.

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

Article 3 of the Convention. The Committee observes with concern from the latest GSEE comments the closure of the Workers’ Housing Organization (OEK) and the Workers’ Social Fund (OEE). The GSEE maintains that these two organizations were funded by workers’ and employers’ contributions as set out in the National General Collective Agreement (NGCA) and did not burden the state budget. According to the GSEE, these bodies were crucial to trade union social work and funding workers’ housing and further provided indispensable social functions. One of the functions of the OEE was to secure minimum financing for trade unions to support their operating needs. The Committee observes with concern the GSEE's comments that this intervention has restricted its autonomy as a trade union organization to determine the management of workers’ contributions. The Committee requests the Government to reply to these observations and in particular to indicate the impact these closures have had on the capacity of the GSEE to carry out its activities.

In its previous comments, the Committee requested the Government to provide clarification as to whether workers may engage in industrial action despite an arbitral award on wages where the parties are at a deadlock in respect of negotiations on non-wage matters. The Committee notes the information in the Government’s latest report that the right to strike is suspended for ten days during arbitration with a view to creating an environment of understanding among the social partners during the process. As the arbitrators’ powers are restricted to determining the minimum wage, while the rest of the issues remain open to bargaining, the Government confirms that the suspension concerns only strikes for the determination of the minimum and monthly wage.

As regards the use of civil mobilization orders to curtail industrial action in the maritime sector, the Committee notes the information provided by the Government that this order was made with a view to addressing the most adverse public health effects caused after six consecutive days of strike. The Government stresses that they are not considered in force since the reasons that led to such decisions have ceased to exist. The Government adds that the fact that the Panhellenic Seaman’s Federation (PNO) has gone on strike on various occasions from December 2010 to February 2012 without restriction confirms the above.