Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Greece (Ratification: 1962)

The Committee takes note of the Government’s report, as well as its replies to the previous comments made by the Hellenic Federation of Enterprises (SEV) and the World Federation of Trade Unions (WFTU), respectively. The Committee further notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 30 August 2013 and by the International Organisation of Employers (IOE) and the SEV in a communication dated 1 September 2013. The Committee requests the Government to provide its observations on these latest comments with its next report.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

In its previous comments, after having taken note of the latest laws setting out urgent provisions for reduction of public debt and recovery of the national economy and the impact that these had had on the existing industrial relations framework in the country, the Committee encouraged the Government and the social partners to rapidly re-engage in intensive social dialogue with a view to developing a comprehensive vision for labour relations in the country. The Committee further urged the creation of a space for the social partners that would enable them to be fully involved in the determination of any further alterations within the framework of the agreements with the European Commission, the International Monetary Fund and the European Central Bank that touched upon aspects which go to the heart of labour relations, social dialogue and social peace, and trusted that their views would be fully taken into account. The Committee notes in this regard the conclusions of the Conference Committee in June 2013 and the discussion that took place therein.

The Committee further notes with interest the Government’s indication that, since the ILC in June, there has been: a High-level Seminar “Tackling the jobs crisis in Greece: Which ways forward” and a “Workshop on Promoting Sound Industrial Relations and Social Dialogue in Times of Crisis” organized jointly with the ILO and the European Commission with the active participation of the Greek social partners and the Government; that the Minister of Labour stated that it is looking to the support and cooperation of the ILO for the upgrading and more effective functioning of social dialogue in critical fields; that a letter of intent has been signed whereby the Government invites the ILO to deliver support for the design, implementation and monitoring of the reforms in the field of social dialogue and labour inspection; and that a cooperation agreement, including social dialogue as one of the thematic areas, between the ILO and the Government with the assistance of the EU Task Force is currently under negotiation. The Committee trusts that these developments will provide an important framework for consideration and debate by all the parties concerned in relation to the most effective system for industrial relations in the current context and requests the Government to indicate in its next report the progress made with respect to the above initiatives.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes with interest the signing of the National General Labour Collective Agreement for the years 2012–13 by the Confederation of Greek Workers (GSEE), the General Confederation of Professionals, Craftsmen and Merchants (GSEVEE), the National Confederation of Greek Commerce (ESEE) and the Association of Greek Tourism Enterprises (SETE), which was submitted to the Ministry of Labour under Registration Deed No. 4/14-5-2013.

The Committee further notes that by virtue of Act No. 4093/2012, national collective labour agreements determine only the minimum non-wage terms of employment applying to the workers throughout the country. As for wage terms, the Act establishes a new system for determining the statutory minimum salary and daily wage for workers in the private sector, which shall enter into force after the fiscal adjustment programmes (i.e. not before 1 January 2017). The Committee further notes the Government’s indication that: the adoption of new mechanisms safeguards the role of the social partners both in developing proposals on the adoption of the minimum wage as well as in their ability to determine better terms and conditions of employment for the workers; the conduct of collective bargaining between the social partners and the conclusion of collective agreements at higher wage levels, as well as individual sector or enterprise level agreements, is allowed, promoted and enhanced; and the new system promotes the search for consensus and convergence, within a framework of responsibility and national consciousness, while taking into account the facts of the labour market, production and economy.

The Committee notes from the comments made by the IOE and the SEV that they recognize the introduction of a system whereby minimum wages will be regulated by administrative act. For all other non-wage issues, the SEV in particular indicates that it is strongly in favour of social dialogue in order to deal with the real problems employers and workers are facing under the current circumstances in the working places and refers to the launching of intensive social dialogue on the formulation of a new model of a General National Labour Agreement coming into force on 1 January 2014.

Enterprise level collective agreements and association of persons. The Committee recalls its previous comments concerning Act No. 3845/2010 which provided that: “Professional and enterprise collective agreements’ clauses can (from now on) deviate from the relevant clauses of sectoral and general national agreements, as well as sectoral collective agreements’ clauses can deviate from the relevant clauses of national general collective agreements. All relevant details for the application of this provision can be defined by Ministerial Decision.” As regards the matter of the association of persons, the Committee had noted that Act No. 4024/2011 provides that, where there is no trade union in the company, an association of persons is competent to conclude a firm-level collective agreement. According to the Annual Report of the Labour Inspectorate, 22 firm-level agreements had then been concluded by associations of persons and 26 by trade unions from the period 27 October to 31 December 2011.

The Committee now observes from the latest statistics provided by the Government that national occupational collective agreements have gone down from 43 in 2008 to seven in 2012 whereas firm-level collective agreements have increased from 215 in 2008 to 975 in 2012 (706 signed by associations of persons and 269 signed by trade unions). Moreover, 701 of those agreements signed by associations of persons and 76 signed with trade unions have provided for wage cuts. Similarly, 313 enterprise level collective agreements have been signed in 2013 of which 178 have been signed by associations of persons (156 providing for wage cuts) and 135 signed by trade unions (42 providing for wage cuts).

The Committee previously expressed concern that, given the prevalence of small enterprises in the Greek labour market, the facilitation of association of persons combined with the abolition of the favourability principle set out first in Act No. 3845/2010 and given concrete application in Act No. 4024/2011, would have a severely detrimental impact upon the foundation of collective bargaining in the country. The Committee had therefore requested the Government to ensure that trade union sections could be formed in small enterprises in order to guarantee the possibility of collective bargaining through trade union organizations. The Committee, emphasizing that the Convention provides for the promotion of collective bargaining with workers’ organizations at all levels, including at the enterprise level, and taking due note of the above statistics which demonstrate a prevalence of collective agreements concluded by “associations of persons”, requests the Government to indicate the steps taken to ensure the full respect for the principle of collective bargaining with trade unions, as well as the steps taken to discuss with the social partners on the manner to ensure the possibility of trade union sections being formed in small enterprises.

The Workers’ Social Fund (OEE). The Committee notes the detailed information provided by the Government with respect to the closing of the OEE. In particular, the Government refers to Act No. 4144/2013 “Combating delinquency in Social Security and the labour market and other provisions under the Competence of the Ministry of Labour, Social Security and Welfare”, whereby the Manpower Employment Organization (OAED) became the full successor of the OEE and the Workers’ Housing Organization (OEK). The Government specifically refers to the “Special Account for the implementation of Social Policies” (ELEKP), the revenues of which are to cover, inter alia, the expenses for any existing legal relationship of the OEE and the OEK, regular resourcing of the Organization for Mediation and Arbitration (OMED) and the National Institute of Labour and Human Resources (EIEAD), overall coverage for infrastructure, research institutes and training centres of the representative tertiary workers’ organizations signatories to the national general labour collective agreement and expenses for the intellectual, cultural and social development of the labour force, the implementation of projects on the housing protection and support for the collective organization and action of the labour force with a view to improving their living standards. A tripartite committee of the ELEKP gives opinion to the administrative board of the OAED on the way the accounts should be allocated.

As regards the concerns raised in relation to the social tourism programmes and the funding of trade unions previously met by the OEE, the Government refers to Joint Ministerial Decision No. 25192/229 of 25 July 2013 entitled “Preparation of a subsidization programme for the holidays of workers, unemployed persons and of their families by means of social tourism vouchers” and Joint Ministerial Decision No. 24459/220 of 19 July 2013 entitled “Coverage for trade unions and the labour institute of the GSEE”, which subsidizes operating costs, payroll expenses, expenses for conferences and seminars and the development of international relations of the GSEE and the secondary trade unions.

Articles 1 and 3. Protection against anti-union dismissal. The Committee once again requests the Government to provide its observations on the comments made by the GSEE relating to the vulnerability of workers to anti-union dismissal within the framework of the introduction of flexible forms of work, and to include comparative statistics relating to complaints of anti-union discrimination and any remedial action taken, with its next report.