Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Greece (Ratification: 1986)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 1 September 2016 and 2017.

Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. The Committee had previously noted that section 7(5) of Presidential Decree No. 62 of 1998 provides that, with the permission of the competent labour inspectorate and upon the employer’s application, derogations from the prohibition of employment in work that are liable to prejudice the health, safety or development of young persons may be granted where such work is necessary for their vocational training on the condition that these works are carried out under the supervision of a safety technician and/or labour technician thereby ensuring their safety. It also noted that, under the terms of section 2(c) of Presidential Decree No. 62 of 1998, the term “adolescent” means any young person of at least 15 years but less than 18 years of age who has ceased compulsory education. The Committee had therefore urged the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention by providing that no person under 16 years of age may be authorized to perform hazardous work under any circumstances.

The Committee notes the Government’s indication in its report that procedures will be initiated to bring about a possible amendment to the legislation, in this regard. The Committee once again reminds the Government that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee must emphasize that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (see 2012 General Survey on the fundamental Conventions, paragraphs 380 and 385). The Committee therefore expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the amendments with regard to the minimum age for the exemptions from the prohibition on the employment of young persons in hazardous work as laid down in section 7(5) of Presidential Decree No. 62/1998 will be raised to at least 16 years so as to be in compliance with Article 3(3) of the Convention. It requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice and conditions of work of young persons. Following its previous comments, the Committee notes the Government’s information that in 2017, 7,647 working booklets for minors were approved by the Regional Departments of Labour Relations Inspectorates. It also notes that fines were imposed on 12 employers for the illegal employment of minors. Moreover, the Government indicates that 1,332 young persons aged between 15 and 17 years were employed in 2017, including 446 young persons employed in agriculture, forestry and fisheries; 79 young persons in manufacturing, energy and constructions; 181 young persons employed in wholesale and retail trade; and 627 young persons employed in services.

The Committee notes the GSEE’s observation that young persons in employment are subject to unequal treatment in terms of payment and conditions of work. The Committee requests the Government to take the necessary measures to ensure that the conditions of employment for young persons under the age of 18, particularly as regards minimum wage, are maintained at a satisfactory standard. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.