Workers with Family Responsibilities Convention, 1981 (No. 156) - Greece (Ratification: 1988)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Impact of the structural reform measures on the application of the Convention.  Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on gender equality, including workers with family responsibilities. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of any impact assessment of the austerity measures on the implementation of the Convention, and considers that due to the austerity measures, the burden of family responsibilities on women has increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. While noting that the third economic adjustment programme ended on 20 August 2018, the Committee also notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (OHCHR, Press statement of 12 April 2019).  While regretting that the Government did not undertake any impact assessment that could have helped it to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee trusts that the Government will take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsperson and the enforcement authorities, to assess and address all the issues identified by the Committee on the Application of Standards of the International Labour Conference. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacle identified and the results achieved.

Article 2 of the Convention. Categories of workers.  The Committee notes that, in 2018, the Ombudsperson and the European Commission highlighted that employees in fixed-term employment contracts in the public sector (including substitute state school teachers), are not granted the maternity leave which their permanent colleagues receive and are not entitled to paid sick leave in case of pregnancy related illness and parental leave (Ombudsperson, 2018 special report on equal treatment, and European Commission, Country report on gender discrimination, 2018). It notes that the GSEE also expresses specific concern in this regard. In its response to GSEE concerns, the Government indicates that maternity benefit entitlements are paid by the employer, the worker’s social security fund and the Greek Employment Office (OAED) at different rates. The Government also states that the special provision for maternity protection is not granted to: (1) workers bound by a fixed-term working relationship under private law in the public and broader public sector and certain Local Self-Government Agencies, and (2) workers bound by fixed-term or open-ended employment relationship under private law in Public Entities under Private Law that are included in the Register of General Government Authorities. Recalling that the Convention applies to all categories of workers, the Committee asks the Government to provide information on the steps taken or envisaged to ensure that the measures concerning workers with family responsibilities under the national legislation apply to employees in fixed-term employment contract in the public sector, including substitute state school teachers, as well as to workers bound by fixed-term or open-ended employment relationships under private law in Public Entities.

Article 4. Leave entitlements. The Committee previously noted that section 53(3) of the Civil Servants Code (Act No. 3528/2007) limits the use of the right to childcare leave (reduced working hours or a nine month period of paid leave) by male civil servants whose spouse is not working to cases in which the spouse is not capable of caring for children due to serious illness or other disabilities. The Committee notes with  interest  the Government’s statement, in its report, that such provision has been repealed by Law No 4210/2013, which also amended section 53(2) of the Civil Servants Code to provide for additional childcare leave in case of multiple births. The Government adds that: (1) childcare leave is counted as service for the calculation of employees’ benefits, both in the private and public sectors, despite section 51(5) of the Civil Servants Code; (2) according to circular No.  of the Ministry of Interior, time off from work of civil servants on the grounds of unpaid child-raising leave is recognized as actual service time up to four months; and (3) following Opinion No. 167/2014 of the state legal service, the period of maternity leave and sick leave due to childbirth, as well as parental leave, constitute service for the civil servants and are taken into account in calculating annual leave. The Committee also notes that, on February 2019, the Athens Court of Appeal recognized unpaid parental leave as working time for the purpose of pay calculation (Judgment No. 3693/2018). In that regard, the Committee notes that, in its supplementary information, the Government indicates that maternity and childcare leave for employees in positions of responsibility is counted as a period during which they are exercising responsibility duties. The Government points out that, by virtue of relevant circulars, a number of entitlements to leave related to family responsibilities (for instance, in cases where the worker has sick children, minors or adults with pervasive developmental disorder (PDD), or in specific cases where the worker has custody of a child as a litigation guardian) are an independent right of each parent-employee. Concerning the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors, the Government states that no statistics are available but that family-related leave entitlements are mainly used by female civil servants. Data from 2020 provided by the Government in its supplementary information shows that, irrespective of the form of employment, women are granted more special leaves (80 per cent) than men, although men are granted a significant share of leaves for children’s school performance monitoring (26 per cent) and child-raising (24 per cent). The Government also refers to the ELSTAT’s Labour Force Survey (LFS), according to which: (1) in 2019, caring for children or dependent adults is the reason for part-time employment for 4.7 per cent of part-timers, and other family or personal responsibilities is the reason for part-time employment of 10.3 per cent; (2) in 2020, reasons for remaining inactive in the labour market included caring responsibilities for children or dependent adults (for 0.5 per cent of men and 8.7 per cent of women), family and caring responsibilities (for 2.1 per cent of men and 27.2 per cent of women) and other family or personal responsibilities (for 1.7 per cent of men and 18.4 per cent of women). The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that men frequently faced adversities in the equal granting of child-raising leave, as a result of the perception that child raising is strictly and exclusively the mother’s role, and that the NAPGE for 2016–20 provides for targeted actions to encourage men to use parental leave.  The Committee encourages the Government to take steps to collect statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both in the public and private sectors, and to provide information on any progress made in that regard. Taking into consideration the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee also asks the Government to provide information on any proactive measures taken to address the obstacles in the grating of parental leave and to encourage more men to make use of family-related leave, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children, and other immediate family members, as well as on their impact.

Article 6. Awareness-raising measures.  The Committee notes the Government’s statement that it encourages dialogue between social partners and non-governmental organizations on the basis of Law 3896/2010, and that the reconciliation of work and family life formed part of the Gender Equality Actions Plans which were implemented at regional level as a tool of gender mainstreaming in all public policies, in the framework of the National Strategic Reference Framework (NSRF) for 2007–13, which was completed in 2015. The Government adds that the GSFPGE regularly undertook information and awareness-raising activities for public bodies and social partners, and publishes relevant information on its webpage as well as other print and electronic mass media. The Government also adds that the Ministry of Labour and Social Affairs is implementing a number of community employment programs to grant the right of special leave for mothers, parents and for other beneficiaries with family circumstances in their conditions of employment, as well as self-employment promotion programs through the financial support of the entrepreneurial initiatives of women with young children or caring for a first-degree relative with a disability, and employment programs for women with young children. The Committee further notes that the NAPGE for 2016–20 sets as targeted action “providing training to employers on work and family life balance issues, to encourage the adoption of family-friendly practices at workplaces”.  The Committee asks the Government to provide information on the actions undertaken, including in the framework of the National Action Plan for Gender Equality, in order to promote a broader understanding of the principle of equality of opportunity and treatment for men and women workers and awareness of the rights and needs of workers with family responsibilities, including among employers, and to address gender stereotypes regarding the role of men and women with respect to family responsibilities. It asks the Government to provide information on the impact of the awareness-raising activities undertaken, and on the implementation in practice of family-friendly practices at workplaces.

Article 7. Vocational guidance and training.  The Committee notes the Government’s indication that, according to article 13 of Law No. 3896/2010, any form of discrimination on grounds of gender or marital status shall be prohibited with regard to the access to vocational guidance and re-guidance of any type, as well as to the determination of conditions and the participation in examinations for the acquisition of award of diplomas, certificates and other qualifications or licenses to exercise a profession. The Government also indicates that, according to article 20 of the same law, employees who use any leave provided for the birth, upbringing or adoption of a child, are entitled to return to their job or equivalent job post with no less favourable working terms and conditions and to benefit from any improvement of working conditions which they would be entitled to in their absence. The Committee asks the Government to provide information on how relevant provisions of Law No.3896/2010 are implemented in practice. It also asks the Government to provide statistical information on the number of workers with family responsibilities, disaggregated by sex, who participated in vocational guidance and training programmes.

Article 11. Participation of employers’ and workers’ organizations.  The Committee notes the Government’s indication that the GSFPGE implemented five co-financed projects, in the context of the National Strategic Reference Framework for 2007–13, in order to establish Equality Offices, with helplines addressing issues on reconciliation of work and family life, in the headquarters of five employers and workers organizations.  The Committee asks the Government to continue to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have participated in the design and implementation of such measures, including through collective bargaining and workplace policies on work and family reconciliation. Please provide information on the activities of the Equality Offices established at social partners’ headquarters and the results achieved.

The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee called for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Measures addressing family responsibilities during the COVID-19 pandemic. The Committee notes that the Government refers to the adoption of the Emergency Law of 13 March 2020 (O.G.A’/55) and Emergency Law of 20 March 2020, which provide for two alternative measures for workers from the public sector, irrespective of sex, whose children attended kindergartens, nurseries and schools up to the third grade of Junior High Schools that had suspended operations, or whose children were aged up to four years old and did not attend kindergartens and nurseries: 1) a ”special purpose leave” conceived in successive 4-days cycles (three of them being registered as paid leave days, and one of them being registered as annual leave); and 2) a reduction of up to 25 per cent of working hours on a daily basis without reduction in wages, with the requirement to compensate them with work beyond normal working hours once school units reopen. The Government adds that provision was made to exclude workers from the scope of the abovementioned measures taking into account the full and effective functioning of specific services within the framework of addressing the pandemic (including employees who serve at the Ministry of Health, health service provider bodies, the Ministry of Immigration and Asylum and the personnel of all uniformed services). The Government also indicates that Emergency Law of 13 April 2020 (O.G.A’/84) provided for similar leave arrangements for workers in the private sector, in which case the 4-days cycle ‘special purpose leave’ would be recorded as leave granted by the employer (2 days), leave subsidized by the State (1 day) and annual leave (1 day). The Committee observes the Government’s indication that ‘special purpose leave’ applies to both parents as an alternative or complementary option if they are both employed in the public or private sector, but that they cannot take it simultaneously, and that it is also granted to a working parent where the other parent is not employed but is in hospital suffering from any disease or coronavirus, or is a person with disabilities. While such measures were adopted for the closure period of school units and childcare facilities, the Government explains that they continued to apply after their reopening and until the end of the 2019-20 school year in case children-pupils or immediate family members were among the group of people at high risk of illness from COVID-19 or were already suffering from it. The Government also refers to Law 4722/2020 which provides for the use of the special leave for children’s sickness for 14 days or more by working parents in case their children are affected by the virus. The Committee asks the Government to provide information on the application and results of the specific leave measures adopted in the context of the Covid-19 pandemic.

Legislative developments. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the application of Law No. 4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019. The Committee also notes with interest the Government indication in its report and supplementary information that Law 4590/2019 increases the number of days of leave of civil servants due to sickness of their children and provides parental leave for both parents in the event of the adoption of children; while Law 4674/2020 introduces new provisions on family-related leave in the public sector, such as, for example: (1) for the upbringing of an adopted or foster child or a child born through a surrogacy arrangement, for child sickness and children school monitoring; (2) for workers who have a spouse or children (including the guardianship of a child) who suffers from certain diseases or with disabilities; and (3) for civil servants who need mobility arrangements (due to health reasons from the worker, a spouse or partner, or a first degree relative, or to join the civil servant spouse who works in a different region or country). The Government adds that, according to Law 4674/2020, certain types of leave were also granted to public sector employees bound by a fixed-term contract under private law. The Committee asks the Government to provide information on the application, scope and impact of leave and mobility measures provided for in Law No. 4590/2019 and Law No.4674/2020.

Article 3 of the Convention. National policy. Protection from discrimination on the ground of family responsibilities. Referring to its previous comments where it noted that working mothers returning from maternity leave have been offered part-time and rotation work, the Committee notes the Government’s reference to the prohibition of discrimination on the grounds of gender or family status through Law 3895/2010 and Law 3896/2010. The Committee also takes note of the National Action Plan on Gender Equality (NAPGE) for 2016–2020, which sets as a priority the reconciliation of work and family life as well as a number of targeted actions concerning, inter alia, protection against discrimination on the grounds of pregnancy and maternity and the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women, as well as that the Labour Inspectorate, in cooperation with the Ombudsperson, is the relevant body to monitor and implement access of workers with family responsibilities to employment, and to address complaints on violations of worker’s rights. The Committee nevertheless notes that according to statistical information provided by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), since 2014 the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased, and that, in its 2018 special report on equal treatment, the Ombudsperson highlighted the substantial number of reports relating to detrimental changes in working conditions imposed on women returning from maternity leave. In April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and Practice expressed concern about ongoing discrimination based on pregnancy and family responsibilities, indicating that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, in practice, a serious deficiency is observed in the application of the law relating to these matters, particularly in relation to women in high-ranking positions (OHCHR, Press statement of 12 April 2019). The Committee asks the Government to provide information on the measures adopted, in the framework of Law 3896/2010 and the National Action Plan on Gender Equality or otherwise, to facilitate the reconciliation between work and family life both for men and women workers with family responsibilities, including by ensuring that workers with family responsibilities receive adequate protection against discrimination in practice. The Committee asks the Government to provide information on any measures taken to ensure the effective implementation of the relevant legislative provisions, including awareness-raising activities for employers, as well as their impact. It also asks the Government to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the Ombudsperson, or the courts, as well as on the sanctions imposed and remedies provided.

Article 5. Childcare and family services and facilities. The Committee previously noted that, as a result of the action “Reconciliation of work and family life” (implemented in the framework of the Operational Programme “Human Resources Development” 2007/2013), women workers received a voucher providing care services for babies, children and persons with disabilities, and requested the Government to consider providing such vouchers to men and women workers with family responsibilities on an equal footing. The Committee notes the Government’s indication that such measures benefited almost 210,000 persons and that, as a result, the action will be continued for the period 2014–20, targeting women with low income. The Government adds that the beneficiaries of such action are mothers, as well as men or women who are granted the custody of children by court ruling. The Committee notes that, in its supplementary information, the Government indicates that, according to Joint Ministerial Decision (JMD) 71383 (O.G. B’/2774/08.07.2020), provision was made for vouchers for child care and care for persons with disabilities, with a view to increasing the employability of low income beneficiary men and women. Concerning the number of childcare facilities, the Committee notes that in its report and supplementary information the Government indicates that: (1) according to 2020 data, there are a total of 2489 public and 1437 private childcare facilities, benefiting 65376 and 71976 children respectively; and (2) pursuant to article 12 of Law No.1483/1984, when constructing their buildings, industrial undertakings or holdings with a staff of more than three hundred persons, are required to foresee the provision of adequate and appropriate accommodation for a nursery school covering the needs of workers (in this context, the Manpower Employment Organization has the responsibility for the operation of 25 nurseries nationwide, hosting 1.061 toddlers and infants). The Committee however notes that the GSEE expresses concern at the continuous reduction of the available day-care facilities for children and dependent persons and refers in this regard to the 2016 Annual report of the National Commission for Human Rights which highlighted the continuous reduction of the already insufficient day-care facilities for children and dependent persons limiting women’s ability to take up employment or keeping them in jobs with reduced rights (NCHR, Annual report, 2016). The Committee also notes that, in its observations presented on the implementation of the ILO Equal Remuneration Convention, 1951 (No. 100) and Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Hellenic Federation of Enterprises and Industries (SEV) highlights that it is essential to increase and ensure better availability, accessibility and quality of formal care facilities, especially for infants and preschool children, to increase the active participation of women in the labour market. It further notes that the European Commission recently indicated that, as regards the availability of childcare facilities, the situation in Greece, which has a participation rate lower than 10 per cent, hardly improved at all (European Commission, 2019 Report on equality between men and women in the EU). Furthermore, it notes that, in December 2018, the GSFPGE highlighted the need for additional measures for the participation of children in preschool education, which will contribute to the reconciliation of family, personal and professional life of their parents, especially women (GSFPGE, E-bulletin No. 18, 17 December 2018). The Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and Practice also considered that a major issue of concern for gender equality is the severe reduction of state-provided care services for children and dependent persons which intensifies women’s unpaid care work, limiting their ability to access or remain into the labour market, Greece having very low rates of childcare and childcare being costly. The Committee asks the Government to continue taking appropriate steps in order to effectively ensure adequate, affordable and accessible childcare services and facilities, with a view to assisting men and women workers to reconcile work and family responsibilities. It further asks the Government to provide information on: (i) the extent of childcare, and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

Article 8. Protection against dismissal. The Committee previously noted the rapid increase in the number of complaints relating to the dismissal of pregnant women, despite Act No. 3896/2010 (sections 16 and 20) and Act No. 3996/2011 which provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. The Government indicates that, pursuant to section 52 of Law No. 4075/2012, dismissal on the ground of an application for granting parental leave is null and void. The Committee notes that NAPGE 2016–2020 sets, among its specific actions: (1) the protection of pregnant women, including through the elimination of abuse of dismissal for a “significant reason”; (2) the protection of women against discrimination on the grounds of pregnancy or maternity; and (3) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. It further notes the Government’s indication that the Labour Inspectorate, in cooperation with the Ombudsperson, is the relevant body to address complaints on violations of worker’s rights and that, in 2018, Labour Inspectorate Regional Directorates handled 15 cases regarding women who were forced to resign or dismissed during maternity protection period. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that the substantial number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition has not been fully understood. The Committee asks the Government: (i) to take appropriate steps to ensure effective protection of men and women workers against dismissal on the ground of family responsibilities, including by ensuring that effect is given in practice to sections 16 and 20 of Act No. 3896/2010 and Act No. 3996/2011; and (ii) to provide information on any cases of dismissal of workers on the ground of family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts as well as the sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Impact of the structural reform measures on the application of the Convention. Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on gender equality, including workers with family responsibilities. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of any impact assessment of the austerity measures on the implementation of the Convention, and considers that due to the austerity measures, the burden of family responsibilities on women has increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. While noting that the third economic adjustment programme ended on 20 August 2018, the Committee also notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (OHCHR, Press statement of 12 April 2019). While regretting that the Government did not undertake any impact assessment that could have helped it to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee trusts that the Government will take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsperson and the enforcement authorities, to assess and address all the issues identified by the Committee on the application of the Convention. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacle identified and the results achieved.

Article 2 of the Convention. Categories of workers. The Committee notes that, in 2018, the Ombudsperson and the European Commission highlighted that employees in fixed-term employment contracts in the public sector, including substitute state school teachers, are not granted the maternity leave which their permanent colleagues receive and are not entitled to paid sick leave in case of pregnancy related illness and parental leave (Ombudsperson, 2018 special report on equal treatment, and European Commission, Country report on gender discrimination, 2018). It notes that the GSEE also expresses specific concern in this regard. Recalling that the Convention applies to all categories of workers, the Committee asks the Government to provide information on the steps taken or envisaged to ensure that the measures concerning workers with family responsibilities under the national legislation apply to employees in fixed-term employment contract in the public sector, including substitute state school teachers.

Article 4. Leave entitlements. The Committee previously noted that section 53(3) of the Civil Servants Code (Act No. 3528/2007) limits the use of the right to childcare leave (reduced working hours or a nine month period of paid leave) by male civil servants whose spouse is not working to cases in which the spouse is not capable of caring for children due to serious illness or other disabilities. The Committee notes with interest the Government’s statement, in its report, that such provision has been repealed by Law No 4210/2013, which also amended section 53(2) of the Civil Servants Code to provide for additional childcare leave in case of multiple births. The Government adds that childcare leave is counted as service for the calculation of employees’ benefits, both in the private and public sectors, despite section 51(5) of the Civil Servants Code. The Committee further notes the Government’s indication that, as a result of Opinion No. 167/2014 of the state legal service, it was decided that the period of maternity leave and sick leave due to childbirth, as well as parental leave, constitute service for the civil servants and are taken into account in calculating annual leave. In that regard, the Committee also notes that, on February 2019, the Athens Court of Appeal recognized unpaid parental leave as working time for the purpose of pay calculation (Judgment No. 3693/2018). Concerning the statistical information on the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors, the Government states that no statistics are available but that family-related leave entitlements are mainly used by female civil servants. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson indicated that men frequently faced adversities in the equal granting of child-raising leave, as a result of the perception that child raising is strictly and exclusively the mother’s role. It further notes that the NAPGE for 2016–20 provides for targeted actions to encourage men to use parental leave. The Committee encourages the Government to take steps to collect statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both in the public and private sectors, and to provide information on any progress made in that regard. Taking into consideration the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee also asks the Government to provide information on any proactive measures taken to encourage more men to make use of family-related leave, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children, and other immediate family members, as well as on their impact.

Article 6. Awareness-raising measures. The Committee notes the Government’s statement that the reconciliation of work and family life formed part of the Gender Equality Actions Plans which were implemented at regional level as a tool of gender mainstreaming in all public policies, in the framework of the National Strategic Reference Framework (NSRF) for 2007–13, which was completed in 2015. The Government adds that the GSFPGE regularly undertook information and awareness-raising activities for public bodies and social partners, and publishes relevant information on its webpage as well as other print and electronic mass media. The Committee further notes that the NAPGE for 2016–20 sets as targeted action “providing training to employers on work and family life balance issues, to encourage the adoption of family-friendly practices at workplaces”. The Committee asks the Government to provide information on the actions undertaken, including in the framework of the National Action Plan for Gender Equality, in order to promote a broader understanding of the principle of equality of opportunity and treatment for men and women workers and awareness of the rights and needs of workers with family responsibilities, including among employers, and to address gender stereotypes regarding the role of men and women with respect to family responsibilities. It asks the Government to provide information on the impact of the awareness-raising activities undertaken, and to provide information in the adoption of family-friendly practices at workplaces.

Article 7. Vocational guidance and training. The Committee asks the Government to provide information on the specific vocational guidance and training measures adopted to ensure that men and women workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities. It also asks the Government to provide statistical information on the number of workers with family responsibilities, disaggregated by sex, who participated in vocational guidance and training programmes.

Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s indication that the GSFPGE implemented five co-financed projects, in the context of the National Strategic Reference Framework for 2007–13, in order to establish Equality Offices, with helplines addressing issues on reconciliation of work and family life, in the headquarters of five employers and workers organizations. The Committee asks the Government to continue to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have participated in the design and implementation of such measures, including through collective bargaining and workplace policies on work and family reconciliation. Please provide information on the activities of the Equality Offices established at social partners’ headquarters and the results achieved.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Legislative developments. The Committee notes with interest the adoption of Law No.4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019 which encourages public and private enterprises to draft and implement “Equality Plans” with specific strategies and targets to prevent all forms of discrimination against women and provides that the General Secretariat for Family Policy and Gender Equality (GSFPGE) (previously the General Secretary for Gender Equality, GSGE) can award “Equality Labels” to them as a reward for their engagement in favour of equal treatment, including compliance with labour legislation on maternity protection, implementation of equality plans or other innovative measures to promote substantive gender equality (section 21). It further notes that the Law provides for the establishment of municipal and regional committees for gender equality to promote women’s rights at local level (sections 6 and 7), as well as a National Council for Gender Equality (ESIF) under the auspices of the GSFPGE which aims at consulting relevant stakeholders in order to submit proposals to the GSFPGE for the adoption of policies and actions promoting gender equality, and assess and evaluate existing policies on gender equality (section 9). The Committee notes the enlarged scope of application of the Act which applies to persons who are employed or are applicants for employment in both the public and private sectors, irrespective of the form of employment and nature of services provided, as well as to freelance professional and persons in vocational training or applicant to vocational training (section 17). The Committee asks the Government to provide information on the application of Law No.4604/2019 and more particularly of its sections 6, 7, 9, 17 and 21, on the specific situation of workers with family responsibilities in practice, for example: information on the activities related to issues pertinent to workers with family responsibilities undertaken by th municipal and regional committees for gender equality and the National Council for Gender Equality, providing samples of the provisions contained in the equality plans elaborated and implemented by employers, both in the public and in the private sectors, aiming at the reconciliation between work and family responsibilities; and information on equality labels awarded for initiatives pertinent to workers with family responsibilities.

Article 3 of the Convention. National policy. Protection from discrimination on the ground of family responsibilities. The Committee takes note of the National Action Plan on Gender Equality (NAPGE) for 2016–2020, which sets as a priority the reconciliation of work and family life as well as a number of targeted actions concerning, inter alia, protection against discrimination on the grounds of pregnancy and maternity and the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. Referring to its previous comments where it noted that working mothers returning from maternity leave have been offered part-time and rotation work, the Committee notes that according to the statistical information provided by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), since 2014 the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased. The Committee observes that these statistics are not disaggregated by family status of women workers. It notes that, in its 2018 special report on equal treatment, the Ombudsman also highlighted the substantial number of reports relating to detrimental changes in working conditions imposed on women returning from maternity leave. The Committee also notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and Practice expressed concern about ongoing discrimination based on pregnancy and family responsibilities, indicating that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, with no less favourable working terms and conditions, in practice, a serious deficiency is observed in the application of the law relating to these matters, particularly in relation to women in high-ranking positions. Some working women face strict restrictions including the refusal to count the maternity leave period in the total length of service, negatively impacting their career development, and in some cases, women are totally excluded from exercising their rights relating to maternity or face a change in their working conditions, such as reduced hours, imposed by employers due to pregnancy and caring responsibilities (OHCHR, Press statement of 12 April 2019). The Committee asks the Government to provide information on the measures implemented, in the framework of the National Action Plan on Gender Equality or otherwise, to facilitate the reconciliation between work and family life for men and women workers with family responsibilities, including by ensuring that workers with family responsibilities receive adequate protection against discrimination in practice. The Committee asks the Government to provide information on any measures taken to ensure the effective implementation of the relevant legislative provisions, including awareness-raising activities for employers, as well as their impact. It also asks the Government to provide information on any cases on discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts, as well as on the sanctions imposed and remedies provided.

Article 5. Childcare and family services and facilities. The Committee previously noted that, as a result of the action “Reconciliation of work and family life”, implemented in the framework of the Operational Programme “Human Resources Development” 2007/2013, women workers received a voucher providing care services for babies, children and persons with disabilities, and requested the Government to consider providing such vouchers to men and women workers with family responsibilities on an equal footing. The Committee notes the Government’s indication that such measure benefited almost 210,000 persons and that, as a result, the action will be continued for the period 2014–20, targeting women with low income. The Government adds that the beneficiaries of such action are mothers, as well as men or women who are granted the custody of children by court ruling. Concerning the number of childcare facilities, the Government states that 39 non-profit making baby-care centres and kindergartens are operating at the initiative of charitable organizations, churches and foundations; 1,270 profit-making baby-care centres and kindergartens are operating following a licence issued by the competent municipality; and 500 children’s creative engagement centres (KDAP) are licensed and operating for children aged from 5 to 12 after school hours. The Government adds that, from 2011 to 2016, the number of children accommodated in such facilities doubled. The Committee however notes that the GSEE expresses concern at the continuous reduction of the available day-care facilities for children and dependent persons and refers in this regard to the 2016 Annual report of the National Commission for Human Rights which highlighted the continuous reduction of the already insufficient day-care facilities for children and dependent persons limiting women’s ability to take up employment or keeping them in jobs with reduced rights (NCHR, Annual report, 2016,). It further notes that the European Commission recently indicated that, as regards the availability of childcare facilities, the situation in Greece, which has a participation rate lower than 10 per cent, hardly improved at all (European Commission, 2019 Report on equality between men and women in the EU). Furthermore, it notes that, in December 2018, the GSFPGE highlighted the need for additional measures for the participation of children in preschool education, which will contribute to the reconciliation of family, personal and professional life of their parents, especially women (GSFPGE, E-bulletin No. 18, 17 December 2018). The Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and Practice also considered that a major issue of concern for gender equality is the severe reduction of state-provided care services for children and dependent persons which intensifies women’s unpaid care work, limiting their ability to access or remain into the labour market, Greece having very low rates of childcare and childcare being costly. The Committee asks the Government to take appropriate steps in order to effectively ensure adequate, affordable and accessible childcare services and facilities, with a view to assisting men and women workers to reconcile work and family responsibilities. It further asks the Government to provide information on: (i) the extent of childcare, and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

Article 8. Protection against dismissal. The Committee previously noted the rapid increase in the number of complaints relating to the dismissal of pregnant women, despite Act No. 3896/2010 (sections 16 and 20) and Act No. 3996/2011 which provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. The Government indicates that, pursuant to section 52 of Law No. 4075/2012, dismissal on the ground of an application for granting parental leave is null and void. Noting the absence of information provided by the Government on the practical application of the above-mentioned legislative provisions, the Committee notes that the NAPGE 2016–2020 sets as specific actions: (i) the protection of pregnant women, including through the elimination of abuse of dismissal for a “significant reason”; (ii) the protection of women against discrimination on the grounds of pregnancy or maternity; and (iii) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsman indicated that the substantial number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition has not been fully understood. The Committee asks the Government to take appropriate steps to ensure effective protection of men and women workers against dismissal on the ground of family responsibilities, including by ensuring that effect is given in practice to sections 16 and 20 of Act No. 3896/2010 and Act No. 3996/2011. It asks the Government to provide information on any cases on dismissal of workers on the ground of family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts as well as the sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations from the Greek General Confederation of Labour (GSEE) received on 1 September 2016 according to which no impact assessment of the austerity measures on the implementation of the Convention has been carried out. Moreover, there has been a continuous reduction of the available day-care structures for children and dependent persons.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee recalls the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It recalls the report of the high-level mission of the ILO which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the International Monetary Fund in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee notes that the majority of measures in the framework of structural reforms that impact on gender equality, including workers with family responsibilities, have been addressed under the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and it refers to its comments on these Conventions for a more detailed analysis. The Committee recalls the observations made by the Greek General Confederation of Labour (GSEE) dated 29 July 2010 and 28 July 2011 that due to the austerity measures, the burden of family responsibilities on women increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities; and the risk of abusive practices against workers with family responsibilities may also have increased. The Committee notes from the Annual Report 2010, of the Office of the Ombudsperson that the main problems identified in the complaints lodged in 2010 concerning workers with family responsibilities include the following: (i) legislation and collective agreements reflect an obsolete perception of gender roles in family and work with respect to parental leave; (ii) the financial crisis has highlighted and exacerbated an evident setback in protecting women’s labour rights; and (iii) in the context of the financial crisis, the public administration tends to interpret the law which governs maternity benefits narrowly.

Article 4 of the Convention. Leave entitlements. The Committee recalls that the national general collective agreement and certain sectoral agreements contained provisions aimed at safeguarding the rights of workers with family responsibilities. With respect to the impact of the measures taken in the framework of the support mechanism on industrial relations and collective bargaining, the Committee refers to its comments on Convention No. 98. It notes the Government’s indication that section 6 of the National General Collective Labour Agreement 2008–9 provides that all provisions concerning the protection of workers with family responsibilities shall also apply to foster parents, in addition to biological or adoptive parents. The Committee also recalls that section 53(3) of the Civil Servants Code (Act No. 3528/2007) limits the use of the right to childcare leave (reduced working hours or a nine-month period of paid leave) by male civil servants whose spouse is not working, to cases in which the spouse is not capable of caring for children due to serious illness or other disabilities. The Committee notes the Government’s indication concerning section 53(2) of Act No. 3528/2007 that when both parents are civil servants, they should state which will use the right to childcare leave. It also notes the Government’s indication that pursuant to section 18 of Act No. 3801/2009, maternity leave is extended for multiple pregnancies, and a two-day childbirth leave is provided for fathers, and that pursuant to section 37(4) of Act No. 3986/2011, when both parents are civil servants, both parents are entitled to leave without pay up to a total of five years for raising a child up to the age of 6. The Committee further notes the Government’s indication that pursuant to sections 48–54 of Act No. 4075/2012, both working fathers and mothers, as well as adoptive parents, are now entitled to four-months’ unpaid leave until the child reaches the age of 6, and biological, adoptive and foster parents are granted unpaid parental leave for nursing their children due to their illness or accident. The Committee asks the Government to provide information on the practical application of the provisions concerning leave entitlements for workers with family responsibilities under Act No. 3528/2007, Act No. 3986/2011, and Act No. 4075/2012, including statistical information on the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors.

Article 5. Childcare and family services and facilities. With respect to Act No. 3863/2010 on the “New social security system and relevant provisions”, which increased the pensionable ages for mothers and widowed fathers, the Committee previously asked the Government to provide information on the measures taken to ensure adequate, affordable and accessible childcare services and facilities, as means to assist male and female workers to reconcile work and family responsibilities and to remain in the labour market. The Committee notes the Government’s indication that family responsibilities put pressure on women in relation to their working hours, which creates obstacles to their access to employment and their participation in the labour market on equal terms with men, and that the Government intends to provide childcare services and facilities to tackle this issue. Since July 2008, female workers receive a voucher which provides care services for babies, children and persons with disabilities. In the school year 2010–11, 23,013 children were placed in approximately 770 facilities, such as baby-care centres, kindergartens, and centres for children with disabilities. The Government also indicates that in addition to public facilities, there are baby-care centres and kindergartens operated by 36 charity organizations, churches and non-profit organizations, as well as 1,100 private baby-care centres. The Committee asks the Government to continue to provide information on the measures taken and the results achieved in providing sufficient, accessible and affordable childcare services and facilities, for both male and female workers, and parents wishing to enter or re-enter the labour force, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity. The Committee also asks the Government to consider providing vouchers for care services to men and women workers with family responsibilities on an equal footing.

Articles 6, 7 and 8. Measures to enable re-entry and remaining in the labour market, educational programmes, and termination of employment. The Committee recalls that Act No. 3896/2010 (section 20) and Act No. 3996/2011 provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. It also recalls the information provided by the Office of the Ombudsperson, during the high-level mission, that in particular working mothers returning from maternity leave have been offered part-time and rotation work. The Committee notes the statistical information provided by the Government on the number and rate of workers with children in full-time and part-time employment both in the private and public sectors in 2011. In part-time employment, women constituted 61 per cent of workers with children up to 5 years of age, and 76 per cent of workers with children older than 5 years of age. The Committee also notes the information provided in the Annual Report 2010 of the Office of the Ombudperson that it has investigated more than 70 complaints by public officials concerning failure to grant nine-months’ parental leave to male workers, whose spouse is either self-employed or unemployed. The Committee also notes the information in the Annual Report 2010 that in the public sector, discrimination due to parental leave constituted 21.81 per cent of all discrimination cases, and were mainly regarding the right to parental leave taken by fathers; in the private sector, discrimination due to pregnancy and maternity leave constituted 16 per cent of all discrimination cases. The rate of direct discrimination was 39.5 per cent, which according to the Annual Report 2010 reflected the rapid increase in the number of complaints relating to the dismissal of pregnant women. The Committee asks the Government to make every effort to ensure that the progress achieved by previous action taken to address the needs of workers with family responsibilities in respect of access to free choice of employment, vocational training, terms and conditions of work and social security, as well as childcare and family services, will not be adversely affected by the financial crisis and the measures taken to address it. The Committee also asks the Government to intensify its efforts to promote a broader understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities, to address gender stereotypes regarding the role of men and women with respect to family responsibilities, and to provide information on any progress made in this respect. The Committee further asks the Government to continue to provide information, disaggregated by sex, on the number of workers with family responsibilities affected by rotation work and part-time work, including working mothers returning from maternity leave whose contracts have been converted into part-time contracts and on whom the employer has unilaterally imposed rotation work or part-time work. Please provide information on cases of direct or indirect discrimination, including termination of employment, concerning family responsibilities that have been addressed by the Office of the Ombudsperson, the labour inspectorate services and the courts.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the Government’s reports received on 23 February  and 31 August 2012.

The Committee recalls the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It recalls the report of the high-level mission of the ILO which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the International Monetary Fund in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee notes that the majority of measures in the framework of structural reforms that impact on gender equality, including workers with family responsibilities, have been addressed under the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and it refers to its comments on these Conventions for a more detailed analysis. The Committee recalls the observations made by the Greek General Confederation of Labour (GSEE) dated 29 July 2010 and 28 July 2011 that due to the austerity measures, the burden of family responsibilities on women increased due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities; and the risk of abusive practices against workers with family responsibilities may also have increased. The Committee notes from the Annual Report 2010, of the Office of the Ombudsperson that the main problems identified in the complaints lodged in 2010 concerning workers with family responsibilities include the following: (i) legislation and collective agreements reflect an obsolete perception of gender roles in family and work with respect to parental leave; (ii) the financial crisis has highlighted and exacerbated an evident setback in protecting women’s labour rights; and (iii) in the context of the financial crisis, the public administration tends to interpret the law which governs maternity benefits narrowly.

Article 4 of the Convention. Leave entitlements. The Committee recalls that the national general collective agreement and certain sectoral agreements contained provisions aimed at safeguarding the rights of workers with family responsibilities. With respect to the impact of the measures taken in the framework of the support mechanism on industrial relations and collective bargaining, the Committee refers to its comments on Convention No. 98. It notes the Government’s indication that section 6 of the National General Collective Labour Agreement 2008–9 provides that all provisions concerning the protection of workers with family responsibilities shall also apply to foster parents, in addition to biological or adoptive parents. The Committee also recalls that section 53(3) of the Civil Servants Code (Act No. 3528/2007) limits the use of the right to childcare leave (reduced working hours or a nine-month period of paid leave) by male civil servants whose spouse is not working, to cases in which the spouse is not capable of caring for children due to serious illness or other disabilities. The Committee notes the Government’s indication concerning section 53(2) of Act No. 3528/2007 that when both parents are civil servants, they should state which will use the right to childcare leave. It also notes the Government’s indication that pursuant to section 18 of Act No. 3801/2009, maternity leave is extended for multiple pregnancies, and a two-day childbirth leave is provided for fathers, and that pursuant to section 37(4) of Act No. 3986/2011, when both parents are civil servants, both parents are entitled to leave without pay up to a total of five years for raising a child up to the age of 6. The Committee further notes the Government’s indication that pursuant to sections 48–54 of Act No. 4075/2012, both working fathers and mothers, as well as adoptive parents, are now entitled to four-months’ unpaid leave until the child reaches the age of 6, and biological, adoptive and foster parents are granted unpaid parental leave for nursing their children due to their illness or accident. The Committee asks the Government to provide information on the practical application of the provisions concerning leave entitlements for workers with family responsibilities under Act No. 3528/2007, Act No. 3986/2011, and Act No. 4075/2012, including statistical information on the extent to which men and women workers, respectively, make use of family-related leave entitlements both in the private and public sectors.

Article 5. Childcare and family services and facilities. With respect to Act No. 3863/2010 on the “New social security system and relevant provisions”, which increased the pensionable ages for mothers and widowed fathers, the Committee previously asked the Government to provide information on the measures taken to ensure adequate, affordable and accessible childcare services and facilities, as means to assist male and female workers to reconcile work and family responsibilities and to remain in the labour market. The Committee notes the Government’s indication that family responsibilities put pressure on women in relation to their working hours, which creates obstacles to their access to employment and their participation in the labour market on equal terms with men, and that the Government intends to provide childcare services and facilities to tackle this issue. Since July 2008, female workers receive a voucher which provides care services for babies, children and persons with disabilities. In the school year 2010–11, 23,013 children were placed in approximately 770 facilities, such as baby-care centres, kindergartens, and centres for children with disabilities. The Government also indicates that in addition to public facilities, there are baby-care centres and kindergartens operated by 36 charity organizations, churches and non-profit organizations, as well as 1,100 private baby-care centres. The Committee asks the Government to continue to provide information on the measures taken and the results achieved in providing sufficient, accessible and affordable childcare services and facilities, for both male and female workers, and parents wishing to enter or re-enter the labour force, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity. The Committee also asks the Government to consider providing vouchers for care services to men and women workers with family responsibilities on an equal footing.

Articles 6, 7 and 8. Measures to enable re-entry and remaining in the labour market, educational programmes, and termination of employment. The Committee recalls that Act No. 3896/2010 (section 20) and Act No. 3996/2011 provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. It also recalls the information provided by the Office of the Ombudsperson, during the high-level mission, that in particular working mothers returning from maternity leave have been offered part-time and rotation work. The Committee notes the statistical information provided by the Government on the number and rate of workers with children in full-time and part-time employment both in the private and public sectors in 2011. In part-time employment, women constituted 61 per cent of workers with children up to 5 years of age, and 76 per cent of workers with children older than 5 years of age. The Committee also notes the information provided in the Annual Report 2010 of the Office of the Ombudperson that it has investigated more than 70 complaints by public officials concerning failure to grant nine-months’ parental leave to male workers, whose spouse is either self-employed or unemployed. The Committee also notes the information in the Annual Report 2010 that in the public sector, discrimination due to parental leave constituted 21.81 per cent of all discrimination cases, and were mainly regarding the right to parental leave taken by fathers; in the private sector, discrimination due to pregnancy and maternity leave constituted 16 per cent of all discrimination cases. The rate of direct discrimination was 39.5 per cent, which according to the Annual Report 2010 reflected the rapid increase in the number of complaints relating to the dismissal of pregnant women. The Committee asks the Government to make every effort to ensure that the progress achieved by previous action taken to address the needs of workers with family responsibilities in respect of access to free choice of employment, vocational training, terms and conditions of work and social security, as well as childcare and family services, will not be adversely affected by the financial crisis and the measures taken to address it. The Committee also asks the Government to intensify its efforts to promote a broader understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities, to address gender stereotypes regarding the role of men and women with respect to family responsibilities, and to provide information on any progress made in this respect. The Committee further asks the Government to continue to provide information, disaggregated by sex, on the number of workers with family responsibilities affected by rotation work and part-time work, including working mothers returning from maternity leave whose contracts have been converted into part-time contracts and on whom the employer has unilaterally imposed rotation work or part-time work. Please provide information on cases of direct or indirect discrimination, including termination of employment, concerning family responsibilities that have been addressed by the Office of the Ombudsperson, the labour inspectorate services and the courts.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in communications dated 29 July 2010 and 28 July 2011, as well as the Government’s reply to the GSEE’s first communication, received on 16 May 2011. The Committee also takes note of the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It notes that the Conference Committee welcomed the Government’s indication that it was working on arrangements with the ILO for the visit of a high-level mission (HLM) proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE in its comments concerning the application of 12 Conventions ratified by Greece, including the Workers with Family Responsibilities Convention, 1981 (No. 156). The Conference Committee also considered that contact with the International Monetary Fund (IMF) and the European Union (EU) would assist the Mission in its understanding of the situation [Provisional Record No. 18, Part II, pages 68–72]. The Committee notes the report of the HLM which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the IMF in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee notes that the majority of measures in the framework of structural reforms that impact on gender equality, including workers with family responsibilities, have been addressed under the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and it refers to its comments on these Conventions for a more detailed analysis. The Committee notes that in its 2010 communication the GSEE expressed general concern at the effect of the austerity measures on the situation of workers with family responsibilities, including increasing the burden of family responsibilities on women due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. The Committee notes that in its 2011 communication GSEE expresses further concerns that the risk of abusive practices against workers with family responsibilities may have increased. The Committee refers to its comments on Convention No. 100 regarding the detailed information noted by the high-level mission on the range of legislative measures taken prior to and within the framework of the support mechanism since March 2010.

Articles 4 and 5 of the Convention. Needs with regard to terms and conditions of employment, childcare and family care services. The Committee recalls that the national general collective agreement and certain sectoral agreements contained provisions aimed at safeguarding the rights of workers with family responsibilities, which could be undermined due to the impact of the measures taken in the framework of the support mechanism on industrial relations and collective bargaining. With respect to collective bargaining the Committee refers to its comments on Convention No. 98 and recalls that the GSEE expressed concern that in undermining sectoral agreements, such provisions would also be affected. The Committee recalls the importance of measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention. With respect to Act No. 3863/2010 on the “New social security system and relevant provisions”, the Committee notes that the GSEE expressed concern that the drastic increase in the retirement age of women could adversely impact on working mothers of minors, especially in the light of inadequate and inefficient public social care support for mothers and working parents. While welcoming, generally, measures to equalize the retirement ages for men and women, the Committee recalls the importance of measures aimed at providing adequate, affordable and accessible childcare and family care services, as means to assist male and female workers to reconcile work and family responsibilities and to remain in the labour market. The Committee requests the Government to provide information on the measures taken and the results achieved in providing sufficient, accessible and affordable childcare services and facilities, including for children up to three years of age, for working parents, both men and women, and parents wishing to enter or re-enter the labour force, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity.

Articles 6, 7 and 8. Measures to enable re-entry and remaining in the labour market, educational programmes, and termination of employment. The Committee notes that of Act No. 3896/2010 (section 20) and Act No. 3996/2011 provide specific protection against unfair dismissals and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. Despite these protective provisions, the Committee notes from the information provided by the Office of the Ombudsman during the high-level mission that working mothers returning from maternity leave have in particular been offered part-time and rotation work. Mothers returning from maternity leave were asked to work one day per week whereas the other workers continued regular work (or worked more days in the week). The Committee also notes, however, that according to the Office of the Ombudsman, it was very difficult to find in favour of the employee in a dispute on this matter because it was virtually impossible to verify whether the decision was based on a true decrease in economic activity. Low skilled female workers were the most affected by this situation. The Committee recalls that Article 7 of the Convention provides for the adoption of measures to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. The Committee emphasizes that promoting the reconciliation of work and family responsibilities as a matter of concern to men and women is crucial for making progress in achieving effective gender equality, as envisaged in Article 6 of the Convention. It also draws the attention of the Government to the importance of addressing gender stereotypes regarding roles of men and women with respect to family responsibilities, so that working mothers are not automatically considered for rotation work and part-time work. The Committee, therefore, calls upon the Government to make every effort to ensure that the progress achieved by previous action taken to address the needs of workers with family responsibilities in respect of access to free choice of employment, vocational training, terms and conditions of work and social security, as well as childcare and family services, will not be reversed. The Committee encourages the Government to intensify its efforts to promote a broader understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities, and to address gender stereotypes regarding the role of men and women with respect to family responsibilities. The Committee also asks the Government to monitor carefully the impact of the austerity measures on the employment situation of both male and female workers with family responsibilities and provide information, disaggregated by sex on the number of workers with family responsibilities affected by rotation employment and part-time work, including working mothers returning from maternity leave, whose contracts have been converted into part-time contracts and on whom the employer has unilaterally imposed rotation employment or part-time work. The Committee asks the Government to collect and provide information on cases of direct or indirect discrimination, including termination of employment, concerning family responsibilities that have been handled by the Office of the Ombudsman, the labour inspectorate services and the courts.

[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), with regard to the observations communicated by the Greek General Confederation of Labour (GSEE) with the support of the International Trade Union Confederation (ITUC) and the European Trade Union Confederation (ETUC) on the impact of the measures introduced in the framework of the mechanism to support the Greek economy.

Further to the issues raised under the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that GSEE is particularly concerned at the effect of the austerity measures on the situation of workers with family responsibilities, such as the increasing burden of family responsibilities on women due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. With respect to Act No. 3863/2010 on the “New Social Security System and relevant provisions”, the GSEE raises concerns at the drastic increase in the retirement age of women, and particularly working mothers of minors, which should be assessed against the effect of the other measures taken, as well as against the inadequate and inefficient public social care support for mothers and working parents.

The Committee will examine the issues raised by the GSEE and the Government’s response thereto, together with the Government’s next report which is due in 2011. The latter should also address the issues raised in its previous observation and direct request of 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 4. Terms and conditions of employment. Collective agreements. The Committee notes the information provided by the Government on the provisions contained in the National General Collective Labour Agreements for the years 2000–05 granting entitlements to men and women workers by way of unpaid leave in case of illness of a dependant child or other members of the family; additional paid leave of absence for parents raising a child alone; and reduced working hours, enabling them to assume family responsibilities. The Committee requests the Government to continue to provide information on how the National General Collective Labour Agreements contribute to giving effect to the provisions of the Convention.

2. The Committee notes the information provided by the Government concerning assistance provided to seafarers with family responsibilities, including the indication that issues of parental leave and leaves of absence for family reasons are regulated through collective agreements. Please provide further information on the leave entitlements provided under collective agreements applicable to seafarers and on the coverage of these agreements.

3. Article 5. Childcare and family services and facilities. The Committee notes the information in the Government’s report on the provision of care for the elderly and children at the local government level. The Committee also notes that the General Secretariat for Gender Equality is implementing a project on affirmative action in favour of women in small, medium and large enterprises, which, inter alia, promotes the establishment and operation of infant nurseries. The Government also indicated to the Committee on the Elimination of All Forms of Discrimination against Women that it was preparing new measures to provide financial support to women for childcare services (statement of the head of the Greek delegation of 24 January 2007). The Committee requests the Government to provide information on the measures taken and the results achieved in providing sufficient and appropriate childcare services and facilities, including for children up to three years of age, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity.

4. Article 6. Information and education. The Committee emphasizes that promoting the reconciliation of work and family responsibilities as a matter of concern to men and women is crucial for making progress in achieving effective gender equality, as envisaged in the Convention. The Committee, therefore, welcomes that some measures have been taken to promote a broader understanding of the principle of equality, including through activities within the framework of the fifth medium-term programme for gender equality (2001–05) targeting work and family reconciliation and combating stereotypical views. The Committee encourages the Government to intensify its efforts in this regard and requests it to continue to provide information on action taken to promote understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 3 and 4 of the Convention. Leave entitlements for men and women workers with family responsibilities. The Committee notes with interest that the new Civil Servants Code (Act No. 3528/2007) adopted by Parliament on 24 January 2007 strengthens the previously existing measures to assist civil servants to reconcile work and family responsibilities. Most importantly, the right to childcare leave – either in the form of reduced daily hours of work or a nine‑month period of paid leave of absence – has been extended to fathers, albeit only if the entitlement is not used by the mother (section 53(2)). However, the Committee also notes that male civil servants cannot make use of this entitlement if his spouse is not working, except in cases where the spouse is not in a position to care for the child due to a serious disability (section 53(3)(3)). Further, the three‑month paid leave in the case of adoptions is only available to women (section 52(4)). As noted in its previous comments, Act No. 2527/1997 appears to exclude male public sector employees from paid adoption leave. The Committee considers that these provisions are not in conformity with the principle of equal treatment and that under the Convention measures taken in favour of workers with family responsibilities must be made available to men and women equally. The Committee requests the Government to:

(a)   provide information on the implementation of the provisions of the 2007 Civil Servants’ Code on childcare leave and other entitlements intended to facilitate reconciliation of work and family responsibilities;

(b)   indicate the provisions governing entitlements intended to facilitate reconciliation of work and family for civil servants not covered by the Civil Servants Code;

(c)   indicate the measures taken to ensure that such entitlements are available to men and women civil servants and public sector employees, on an equal footing; and

(d)   provide statistical information on the extent to which men and women workers make use of family related leave entitlements (private and public sectors).

2. Social security. While welcoming the progress made in extending paid parental leave in the civil service, the Committee also notes that parental leave in the private sector is unpaid. The Committee recalls that pursuant to section 6 of Act No. 1483, parents are covered by social security while they are on parental leave, provided they pay the employer’s contribution as well as their own contributions. In this regard the Committee notes that article 7 of the National General Collective Labour Agreement 2006–07 commits the parties to promote a legislative regulation providing for cash payments to male and female employees on childcare leave, and payment of social insurance contributions (CEDAW/C/GRC/Q/6/Add.1, 10 October 2006, page 24). The Committee requests the Government to provide information on any further developments in this regard.

3. Article 11. Workers’ and employers’ organizations. The Committee notes that in June 2006 the General Secretariat for Gender Equality and major employers’ organizations signed a Protocol of Cooperation for the promotion of equal opportunities for men and women in enterprises which, inter alia, provides for a special programme for the operation of nurseries and the promotion of flexible forms of work organization open to men and women in small and medium-sized enterprises. The Committee welcomes the employers’ organizations’ commitment to study the use of flexible forms of work organization with a view to reconciling family and professional life. The Committee requests the Government to provide information on the measures taken to promote the establishment of childcare facilitates and services and the use of flexible forms of work organization under the 2006 Protocol of Cooperation, including information on results achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. According to the Government, Act No. 2693/1998 issuing the “regulations on industrial relations, the establishment of the labour inspectorate and other provisions” has amended certain provisions of Act No. 1483/1984 on “the protection of workers with family responsibilities and the facilities granted to them”. The Committee understands that enterprises with fewer than 100 employees are now covered by all the provisions of Act No. 1483/1984 and, in particular, that since the Act came into force, the employees are able to apply for parental leave (3½ months’ unpaid leave per parent to be taken in a period immediately after the maternity leave and before the child reaches the age of 3½). The Committee welcomes this information. Since the Government’s report does not refer to the situation of workers who have no work contract and are apparently excluded from the benefit of Act No. 1483/1984, the Committee would be grateful if the Government would indicate which provisions of Convention No. 156 apply to this category of workers. Recalling that seafarers are also excluded from the scope of the abovementioned Act, the Committee reiterates its question about the type of benefits allocated to seafarers – of both sexes – under the Special Family Benefits Fund for Seafarers so that they may exercise their right to engage in employment without conflict between their employment and family responsibilities. Noting further that a ministerial order setting the maximum number of days’ absence granted to supervise the schooling of children in primary and secondary schools is in the process of being drafted, the Committee asks the Government to state whether this entitlement also applies to workers of both sexes in the private and public sectors. Please also provide a copy of the text finally adopted.

2. With regard to the public service, the Committee notes that since the adoption of the Public Servants Code (Act No. 2683/1999), public servants, including men, are now able to take unpaid leave for two years for every child under 6 years of age – in addition to the 3½ months’ parental leave mentioned above. Noting also that, according to the Government, section 16 of Act No. 2527/1997 provides for one month’s fully paid leave for women public sector employees who adopt a child under 6 years of age, the Committee would be grateful if the Government would state whether male public employees in the same position are excluded from this entitlement.

3. The Committee again asks the Government to state whether, under the new legislation (Act No. 2683/1999), male teachers with children under 2 years of age may also benefit from the reduction of two hours in the weekly timetable, as provided in section 30(14) of Act No. 2083/1992 on “the modernization of higher education”. The Committee recalls in this connection that Convention No. 156 applies to workers of both sexes with family responsibilities and that it is based on the postulate that men and women must assume equal responsibilities for their children and have the same share in family obligations, so that men and women have equal access to all existing services and arrangements in this area. For there to be real equality of opportunity and treatment between men and women in employment and occupation, there must be an improvement in general working conditions for all workers.

4. The Committee notes from the Government’s report that the allowance for every unprotected child under 16 years of age is paid to full orphans, orphans who have lost their father or whose father has abandoned the family or is unable to work owing to invalidity or certain diseases. It would be grateful if the Government would indicate whether orphans who have lost their mother or whose mother has abandoned the family or is unable to work owing to invalidity or disease are also entitled to the above allowance.

5. The Committee notes the efforts made by the Government to develop public and private community services, such as childcare and family help services or facilities. It also notes the statistical data on the number of such facilities supplied in the report. With regard to the pilot programme concerning the opening of kindergartens in the afternoon, the Committee notes that this programme is open to mothers engaged in shift or non-continuous work who are therefore unable to ensure the necessary care and education during the afternoon, and asks the Government to state whether it is planned ultimately to extend this programme to fathers engaged in shift or non-continuous work. Noting that the Ministry of Health and Welfare plans to extend the experience, the Committee asks the Government to continue to inform it of any progress made in this area, in view of the fact that, as the number of kindergartens or facilities for childcare open during the afternoon grows, it should ultimately be possible for workers with family responsibilities, be they men or women, fully to exercise their right freely to choose their employment, i.e. on an equal footing with workers who have no family responsibilities, and thus avoid their being over-represented in precarious or part-time jobs. Noting that the Government’s report says nothing of community services for dependants other than children, particularly “open centres for the welfare of the elderly”, the Committee again asks the Government to send statistics of the number of such centres and to state whether there are any plans to extend these services or create similar ones in rural areas.

6. Lastly, the Committee would appreciate receiving information on the manner in which workers’ and employers’ organizations contribute to the preparation and enforcement of measures to give effect to this Convention, in particular through negotiated conditions of employment, which take precedence over the provisions of Act No. 1483/1984 (pursuant to section 16 of the latter).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the appended documentation.

1.  According to the Government, Act No. 2693/1998 issuing the "regulations on industrial relations, the establishment of the labour inspectorate and other provisions" has amended certain provisions of Act No. 1483/1984 on "the protection of workers with family responsibilities and the facilities granted to them". The Committee understands that enterprises with fewer than 100 employees are now covered by all the provisions of Act No. 1483/1984 and, in particular, that since the Act came into force, the employees are able to apply for parental leave (three-and-a-half months’ unpaid leave per parent to be taken in a period immediately after the maternity leave and before the child reaches the age of 3½). The Committee welcomes this information. Since the Government’s report does not refer to the situation of workers who have no work contract and are apparently excluded from the benefit of Act No. 1483/1984, the Committee would be grateful if the Government would indicate which provisions of Convention No. 156 apply to this category of workers. Recalling that seafarers are also excluded from the scope of the abovementioned Act, the Committee reiterates its question about the type of benefits allocated to seafarers - of both sexes - under the Special Family Benefits Fund for Seafarers so that they may exercise their right to engage in employment without conflict between their employment and family responsibilities. Noting further that a ministerial order setting the maximum number of days’ absence granted to supervise the schooling of children in primary and secondary schools is in the process of being drafted, the Committee asks the Government to state whether this entitlement also applies to workers of both sexes in the private and public sectors. Please also provide a copy of the text finally adopted.

2.  With regard to the public service, the Committee notes that since the adoption of the Public Servants Code (Act No. 2683/1999), public servants, including men, are now able to take unpaid leave for two years for every child under 6 years of age - in addition to the three-and-a-half months’ parental leave mentioned above. Noting also that, according to the Government, section 16 of Act No. 2527/1997 provides for one month’s fully paid leave for women public sector employees who adopt a child under 6 years of age, the Committee would be grateful if the Government would state whether male public employees in the same position are excluded from this entitlement.

3.  The Committee again asks the Government to state whether, under the new legislation (Act No. 2683/1999), male teachers with children under 2 years of age may also benefit from the reduction of two hours in the weekly timetable, as provided in section 30(14) of Act No. 2083/1992 on "the modernization of higher education". The Committee recalls in this connection that Convention No. 156 applies to workers of both sexes with family responsibilities and that it is based on the postulate that men and women must assume equal responsibilities for their children and have the same share in family obligations, so that men and women have equal access to all existing services and arrangements in this area. For there to be real equality of opportunity and treatment between men and women in employment and occupation, there must be an improvement in general working conditions for all workers.

4.  The Committee notes from the Government’s report that the allowance for every unprotected child under 16 years of age is paid to full orphans, orphans who have lost their father or whose father has abandoned the family or is unable to work owing to invalidity or certain diseases. It would be grateful if the Government would indicate whether orphans who have lost their mother or whose mother has abandoned the family or is unable to work owing to invalidity or disease are also entitled to the above allowance.

5.  The Committee notes the efforts made by the Government to develop public and private community services, such as childcare and family help services or facilities. It also notes the statistical data on the number of such facilities supplied in the report. With regard to the pilot programme concerning the opening of kindergartens in the afternoon, the Committee notes that this programme is open to mothers engaged in shift or non-continuous work who are therefore unable to ensure the necessary care and education during the afternoon, and asks the Government to state whether it is planned ultimately to extend this programme to fathers engaged in shift or non-continuous work. Noting that the Ministry of Health and Welfare plans to extend the experience, the Committee asks the Government to continue to inform it of any progress made in this area, in view of the fact that, as the number of kindergartens or facilities for childcare open during the afternoon grows, it should ultimately be possible for workers with family responsibilities, be they men or women, fully to exercise their right freely to choose their employment, i.e. on an equal footing with workers who have no family responsibilities, and thus avoid their being over-represented in precarious or part-time jobs. Noting that the Government’s report says nothing of community services for dependants other than children, particularly "open centres for the welfare of the elderly", the Committee again asks the Government to send statistics of the number of such centres and to state whether there are any plans to extend these services or create similar ones in rural areas.

6.  Lastly, the Committee would appreciate receiving information on the manner in which workers’ and employers’ organizations contribute to the preparation and enforcement of measures to give effect to this Convention, in particular through negotiated conditions of employment, which take precedence over the provisions of Act No. 1483/1984 (pursuant to section 16 of the latter).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct request, the Committee takes note of the Government's detailed reports which contain replies to certain points raised, as well as statistics, copies of recent court decisions and the National General Labour Collective Agreement of 9 June 1993.

1. Article 2 of the Convention. Regarding the exclusion from the coverage of Act No. 1483/1984 (on protection and facilities for workers having family responsibilities) of seafarers, workers in undertakings not bound by a contract of employment and the non-application of certain provisions of the Act (and its accompanying Presidential Decree No. 193/1988) to enterprises of a certain size, the Committee notes the Government's statement that the social benefits of seafarers of both sexes are guaranteed by the special Family Benefits Fund for Seafarers and by the Seafarers House. The Committee would appreciate receiving more detailed information on the types of benefits available under these schemes so that seafarers of both sexes are able to exercise their right to engage in employment without conflict between their employment and family responsibilities. It also notes the Government's statement that according to section 18(2)(b) of Act No. 1483, the Minister of Labour, on the advice of the Supreme Labour Council, may extend the applicability of the provisions in question to enterprises employing fewer than the stated numbers. The Committee asks the Government to inform it of any use made by the Minister of this power, and, in the meantime, to indicate how the provisions of the Convention are applied to the categories of workers excluded from the coverage of the Act and the Decree.

2. Article 4. The Committee notes the provisions of Acts Nos. 2083 and 2085 of 1992 concerning, respectively, the modernization of higher education and the regulation of questions on the organization, functioning and staff of the public administration, which accord new types of leave to mothers of small children. Noting in particular that Act No. 2083, in section 30(14), permits a two-hour reduction in the working week for women teachers having children under two years of age and that Act No. 2085, in section 13(5), permits unpaid leave of up to two years for female public sector employees having children under six, the Committee asks the Government to indicate in its next report whether fathers of small children are also entitled to other leaves enabling them to reconcile their work and their family responsibilities.

3. Article 5. The Committee notes the information supplied on community child-care facilities, in particular the indication from the General Secretariat on Equality of the Sexes that the current number of centres only satisfies 65-70 per cent of the needs, especially for children under three years of age. This concords with the information reflected in the 1993 General Survey on Workers with Family Responsibilities, paragraph 220. Noting the Government's explanation that delays in creating new pre-schools and crèches are due to an absence of suitable buildings and of staff because of the austere economic measures taken in the country over recent years, the Committee cannot but recall that Article 5, paragraph (b) of the Convention calls on ratifying governments to develop and promote community services such as child-care and family facilities. It accordingly asks the Government to inform it in its next report of efforts made to expand such facilities, and would refer the Government to the discussion of this point in paragraph 252 of the above-mentioned General Survey.

Regarding the information provided by the Government on community-based services for dependants other than children, in particular the description of the functions and facilities of the "Centres for open protection of aged persons", the Committee requests the Government to provide in its next report, statistics on the numbers of such centres. Given that they appear to exist mainly in suburbs of large cities, the Committee also requests the Government to indicate any plans to extend them to or create other such facilities in rural areas.

4. Articles 9 and 11. The Committee notes with interest the information provided by the Government on the National General Labour Collective Agreement of 9 June 1993, section 8 of which entitles employees in certain sized private enterprises to unpaid parental leave of up to three-and-a-half months for each parent and section 9 of which provides for nursing breaks (one hour each day for two years or two hours each day for one year, depending on the agreement of the parties concerned) which, if not used by the mother, may be taken up by the father for the care of his child. Noting that these negotiated conditions of employment take precedence over the provisions of Act No. 1483 by virtue of section 16, the Committee requests the Government to continue, in future reports, to inform it of such progress in the implementation of the Convention and of the way workers' and employers' organizations devise and apply measures to give effect to it.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its first report. It would be grateful if the Government would provide additional information in its next report on the following points:

1. Article 1 of the Convention. The Committee refers to the definition of dependants contained in section 2(a) of Act No. 1483/1984 which covers "children up to the age of 16 years whether born of the marriage or adopted ...". It kindly requests the Government to indicate in its next report whether unmarried parents or a married couple which cares for the children that one of the partners had before entering the marriage, would also be covered under the provisions of the Act.

2. Article 2. The Committee notes that seafarers are excluded from the coverage of Act No. 1483 as are workers in undertakings who are not bound by a contract of employment. It also notes that many of the provisions contained in Act No. 1483 and Presidential Decree No. 193/1988 which assist workers with their family responsibilities, are not applicable to workers employed in enterprises employing less than 300 persons (section 12 of Act No. 1483 and section 7 of Decree No. 193), 100 persons (section 5 of Act No. 1483 and section 3 of Decree No. 193) or 50 persons (section 8 of Act No. 1483). The Committee kindly requests the Government to indicate in its next report the manner in which the provisions of the Convention are applied to the above-mentioned categories of workers who are excluded from the coverage of Act No. 1483 or Decree No. 193.

3. Article 4. Under section 4 of Presidential Decree No. 193, the leave of section 7 of Act No. 1483 is provided to employees in the public sector over and above the unpaid leave envisaged by paragraph 4 of section 101 of Presidential Decree No. 611/1977 or other leaves granted to public service in accordance with special provisions. The Committee requests the Government to kindly attach a copy of Presidential Decree No. 611/1977 with its next report and to indicate whether any other leaves granted in accordance with such special procedures assist workers in reconciling their work and family responsibilities.

Pursuant to section 6 of Act No. 1483, parents are covered by social security while they are on parental leave, provided they pay the employer contribution as well as their own contributions. The Committee would be grateful if the Government could indicate in its next report the amount of social security benefits, as a percentage in relation to income, that is received by parents who make use of the parental leave provision.

4. Article 5. (a) Please indicate how account is taken of the needs of workers with family responsibilities in community planning in your country.

(b) The Committee notes the information contained in the report concerning the provision of child-care centres. It requests the Government to indicate in its next report whether such centres, as well as the other creches mentioned in the report, are established on a community level. It also kindly requests the Government to provide information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities, and if not, whether measures are being taken or are contemplated to attempt to satisfy this demand. The Committee would also be grateful if the Government would indicate whether any family services exist to assist workers in reconciling their work and responsibilities with dependants other than children.

5. Article 8. Please indicate whether any court or tribunal has rendered a decision concerning the application of sections 14 and 15 of Act No. 1483 and if so please attach copies of those decisions with the Government's next report.

6. Article 11. Please indicate the manner in which employers' and workers' organisations have been involved in the preparation and application of Act No. 1483 and Decree No. 193. Please also provide information, to the extent available, on whether any more favourable provisions have been concluded between workers and employers pursuant to section 16 of Act No. 1483.

7. Point V of the report form. Please provide a copy of the statistics referred to under this section in the Government's first report together with any more recent statistical information which may have been gathered on workers with family responsibilities and services and facilities to assist them.