Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations by the International Trade Union Confederation (ITUC) received on 1 September 2014 and the Government’s reply to the ITUC’s 2013 communication. The Committee notes in particular the observations of the ITUC in relation to clashes with the police forces during a protest action in a shipyard, followed by the arrest of workers and charges against 12 trade unionists, and requests the Government to provide its comments thereon in its next report. The Committee also notes the observations received on 19 November 2014 from the International Transport Workers’ Federation (ITF) and the Panhellenic Seamen’s Federation (PNO) concerning an imminent trial for participation in a general strike in 2013 and requests the Government to provide its comments thereon. The Committee further notes the response of the Government to the observations of the World Federation of Trade Unions (WFTU).

The Committee further takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014 and the 2013 observations from the IOE and the Hellenic Federation of Enterprises and Industries (SEV).

Article 3 of the Convention. The Committee recalls that in its previous comments it had requested the Government to reply to the concerns that had been raised by the Greek General Confederation of Labour (GSEE) in relation to the closure of the Workers’ Housing Organization (OEK) and the Workers’ Social Fund (OEE). The Committee notes the Government’s indication that the Organization for Mediation and Arbitration (OMED) became the full successor to all rights and obligations of these two bodies. It further notes with interest that in 2013 the annual financial support for trade unions resumed and a Joint Ministerial Decision was issued in 2014 on coverage for trade unions and the Institute of Labour of the GSEE which, according to the Government, aims at assisting the collective organization and action of the labour force with a view to improving their living standards and provides various subsidies to trade unions.

In its previous comments, the Committee had noted the Government’s indication that civil mobilization orders to curtail industrial action in the maritime sector were only made with a view to addressing the most adverse public health effects and that no restrictions were made to curtail strike action by the PNO during the period December 2010–February 2012. The Committee notes the information provided by the ITUC concerning several civil mobilization orders issued in 2013 with respect to the maritime sector, public transport and secondary education state schoolteachers, as well as the detailed replies provided by the Government concerning the risks for the safety and health of island citizens arising from the extended period of the strikes which led it to issue the mobilization orders for the maritime sector, as well as the considerations in relation to the other strikes. The Committee also notes the observations made by the IOE and the SEV that what is considered to be services essential to the community may depend to a large extent on the particular circumstances prevailing in a country and that non-essential services may become essential if a strike lasts beyond a certain time or extends beyond a certain scope, thus endangering the life, personal safety or health of the whole or part of the population. The IOE and SEV indicate that this appears to have been the case in Greece with respect to the six-day strike in the maritime sector.

The Committee takes due note of all the explanations provided and expects that the Government will resort to civil mobilization orders in circumstances only when the strike action endangers the life, personal safety or health of the whole or part of the population. The Committee nevertheless notes with concern the penal proceedings undertaken against the seafarers and, recalling that penal sanctions should only be envisaged where there has been violence against persons or property during a strike or where there have been other serious infringements of the provisions of the penal law that do not conflict with Articles 3(2) and 8 of the Convention, the Committee trusts that this principle will be borne in mind by the Government and requests it to provide detailed information in reply to the ITF’s observations and to continue to provide information on any further use of civil mobilization orders.