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

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

The Committee notes the detailed observations provided by the Greek General Confederation of Labour (GSEE) received on 1 November 2018. The Committee takes note of the Government’s response to the previous comments made by the GSEE, the International Trade Union Confederation (ITUC), the International Transport Workers’ Federation (ITF) and the Panhellenic Seamen’s Federation (PNO). It requests the Government to reply in detail to the most recent communication from the GSEE.

With regard to the previous comments related to civil mobilization orders in the maritime sector, clashes with the police forces during a protest action in a shipyard and the arrest and charges brought against 12 trade unionists, the Committee notes with interest the information provided by the Government that the civil mobilization legislation was amended by Law 4325/2015 prohibiting civil mobilization or requisition as a measure against strikes or other relevant forms of mobilization used by freelance professionals or own-account workers. The Government adds that this enables pertinent procedures during periods of peace only for immediate defence needs of the country or urgent social needs deriving from any form of endangered natural disaster or posing danger to public health. The Government describes in detail the precautions taken with respect to the civil mobilization order issued in 2013 and indicates that the competent judicial authority declared the trade union defendants in the case not guilty. The Government stresses that since then it refrains from issuing civil mobilization orders and the functioning of the domestic maritime network was eventually restored by intensifying social dialogue and through extensive consultations with the PNO and all the competent authorities.

The Committee further notes the detailed information provided by the Government in relation to recent legislative developments, in particular as regards Law 4472/2017 on paid and unpaid leave and facilities to be granted for trade union activities in the public and private sectors and on the rapid settlement of disputes in cases where an employer is in default of acceptance of work or payment of wages due to a strike.

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes the Government’s reply to the concerns raised by the GSEE in relation to the representation and activities of the manpower agency (OAED) which had become the full successor to the Workers’ Social Fund and the Workers’ Housing Organization providing trade union financing on the basis solely of workers’ contributions. In particular, the Committee notes the details provided concerning the social policy account established under the OAED which remains fully distinct and has full administrative independence, subject to separate monitoring and audit. This financing process aims at providing unhindered support to the labour force for collective action and organization with a view to improving their standard of living.