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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. It notes in particular that the GSEE refers to the lack of human, material and budgetary resources needed to enhance the operational capability of the labour inspectorate (SEPE) in the framework of the sweeping changes introduced in industrial relations legislation.
The Committee will examine the comments by the GSEE along with the Government’s reply thereto, as well as the Government’s report which was received on 8 November 2010, at its next session.
Referring to its observation, the Committee would like to draw to the Government’s attention the following points.
Article 3 of the Convention. Additional duties performed by labour inspectors. The Committee notes the detailed statistics provided by the Government on the control of illegal employment. It notes that such control has been generally related to complaints filed with the labour inspectorate, which correspond to 0.61 per cent of all complaints. Given the limited scope of these activities, the Committee observes that they do not appear to constitute additional duties which could interfere with the effective discharge of the primary duties of labour inspectors, that is to secure the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as the provisions relating to hours, wages, safety, health and welfare, the employment of children and young persons and other connected matters. The Committee also notes from the Government’s report that, where infringements are found, administrative sanctions are imposed on the employers responsible for such violations.
The Committee recalls that the role of the labour inspectorate, pursuant to the provisions of the Convention, is in principle to monitor not the legality of the employment relationship but the conditions in which the work is performed. In paragraph 77 of its General Survey of 2006 on labour inspection, the Committee recalled that neither Convention No. 81 nor the Labour Inspection (Agriculture) Convention, 1969 (No. 129), contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. In paragraph 161 of the abovementioned General Survey, the Committee observed that, in view of the growing numbers of foreign and migrant workers in many countries, the labour inspectorate is often asked to cooperate with the immigration authorities and that such cooperation should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions. In this respect, it should be emphasized that the expression “while engaged in their work” used in Article 3(1)(a), of the Convention indicates that the protection afforded by the labour inspection must be provided to all workers for the period of their employment relationship. In order to remain in conformity with the purpose of their duties, the action taken by inspectors should enable the implementation of legal proceedings against employers guilty of contraventions, entailing not only the imposition of adequate penalties in accordance with the various categories of contraventions but also the requirement to pay any outstanding sums owed to the workers concerned for the actual duration of their period of employment. The financial consequences (fines and workers’ wages) resulting from the actions of the labour inspectorate can constitute an effective deterrent against the employment of persons in an irregular situation with regard to labour legislation. In light of the above, the Committee would be grateful if the Government could indicate in which way the labour inspectorate ensures that workers in an irregular employment status are covered by the same legal protection of their terms and conditions of work as regular workers. In particular, please indicate in which way foreign workers in an irregular residency status may recover their acquired rights, for example the payment of wages and social security benefits, in case they are expelled from the territory by the authority competent for the control of illegal migration.
Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the justice system. The Committee takes note of the detailed information provided by the Government in reply to its general observation made in 2007 with regard to cooperation between the labour inspection services and the justice system. The Committee would be grateful if the Government could provide statistical information on the number of appeals against imposed fines brought to the administrative courts and the decisions rendered. Please also indicate the number of infringements reported to the competent authorities, the number of convictions and particulars on the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.).
Article 20 of the Convention. Publication of the annual labour inspection report. The Committee notes with satisfaction that the Government published the annual labour inspection report for 2007 less than 12 months after the end of the year to which it related, and communicated it to the ILO by September 2008. The Committee would be grateful if the Government would ensure the continuation of this practice, in accordance with Article 20 of the Convention.
Article 21. Content of the annual labour inspection report. The Committee notes with interest the detailed information and statistics contained in the annual report for 2007 on labour inspection visits by branch of activity, industrial accidents, the establishments and workers covered, the violations found and the penalties imposed. The Committee however notes that, while Article 21 refers to statistics of cases of occupational disease, such statistics are still not reflected in the annual report. The Committee would be grateful if the Government would indicate whether and in which manner statistics on occupational diseases are being collected and whether their publication in the annual report is envisaged.
The Committee would also be grateful if the Government would indicate or transmit to the ILO any comments made by employers’ and/or workers’ organizations on the work of the labour inspection services.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes the Government’s detailed report and the partial response to its previous comments. Further to its previous comments, it would be grateful if the Government would provide additional information on the following points.
Labour inspection and child labour. The Committee would be grateful if the Government would indicate exactly what the penalties are for breach of the legislation on child labour and of the implementing measures, and to provide copies of any relevant texts.
Men and women labour inspectors (Article 8 of the Convention). The Committee notes with interest the even distribution of men and women in the staff of the labour inspectorate and it would be grateful if the Government would indicate whether women labour inspectors are assigned, by law or in practice, to specific tasks or to the inspection of establishments with a majority of female workers, if such establishments exist.
Information and statistics of inspection activities (Articles 14 and 21). The Committee notes with interest the detailed statistics in the annual labour inspection report for 2002 on labour inspection visits by branch of industrial activity, industrial accidents, geographical distribution of the labour inspectorate staff, the establishments and workers covered, and the penalties imposed. The Committee welcomes the consistent decline in occupational accidents among insured workers, and it would be grateful if the Government would provide information, together with the texts of any laws or regulations, on the manner in which effect is given to Article 14, which provides that the labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national legislation.
The Government is also asked to ensure that, in future, the annual inspection report is transmitted within the period prescribed by Article 20 of the Convention and that it contains statistics of cases of occupational disease (Article 21).
The Committee notes the Government’s report and the information provided in reply to its previous comments. It also notes the documents attached to the report, and particularly the inspection report for the second half of 1999.
Labour inspection and child labour. Noting in the above inspection report that, during the period covered, 1,763 authorizations were issued, in accordance with Act No. 1837 of 1989 respecting the protection of young persons in relation to employment, and after the compulsory medical examination had been carried out by social security doctors, allowing children to be employed in certain specific types of work, the Committee would be grateful if the Government would take measures to ensure that the next inspection report contains statistics on the results of activities to supervise the application of the above Act (such as cases and types of violations, and the sanctions imposed).
Distribution by sex of the staff of the labour inspectorate and specialized duties. The Committee notes with interest the significant proportion of women in the staff of the labour inspection services. It would be grateful if the Government would provide information on their distribution by grade in the inspectorate and would indicate whether, as envisaged in Article 8 of the Convention, special duties are assigned to men and women inspectors, respectively.
Notification and statistics of cases of occupational disease. The Committee notes that the inspection report provided does not contain statistics on cases of occupational disease, as required by Article 21(g). The Committee requests the Government to indicate the texts which provide a legal basis for the obligation, as required by Article 14, of the notification of labour inspectors of cases of occupational disease and to ensure that the relevant statistics are included in future annual inspection reports, the content of which and the time limits for their publication and transmission to the ILO should comply with the requirements of Articles 20 and 21.
With reference to its observation, the Committee requests the Government to supply additional information on the following points.
Article 2, paragraph 2, of the Convention. The Government is requested to indicate the legal basis for the exemption of certain undertakings from the application of the Convention and to specify the undertakings or parts of undertakings exempted by virtue of section 7, paragraph 1(a), of Act No. 2639.
Article 3, paragraph 2. The Government is asked to indicate whether the functions ascribed by Presidential Decree No. 136 on the Organization of the Services of the Labour Inspectorate in its section 9, entitled "Mandate of the Social Inspection Directorate" are carried out by different public servants from those responsible for the principal functions set out in Article 3, paragraph 1(a), (b) and (c).
Article 8. The Government is asked to indicate the proportion of women within the labour inspection team responsible for the duties described in Article 3, paragraph 1, and the manner in which effect is given to this provision which specifies that, where necessary, special duties may be assigned to men and women inspectors.
Article 12, paragraphs 1(c)(iii) and 2. The Government is asked to provide information on the manner in which effect is given to these provisions.
Article 15. The Government is asked to indicate the legal provisions relative to labour inspectors' duties as defined by Article 15(a), (b) and (c).
Articles 20, paragraph 2, and 21. Having noted that according to the new legislation the central body responsible for labour inspection must transmit copies of the annual inspection reports to the ILO, the Committee recalls that, pursuant to Article 20, paragraph 2, these reports dealing with the subjects listed under Article 21 must also be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. The Committee requests the Government to transmit copies of these reports regularly to the ILO and to indicate whether national legislation provides for the publication of these reports; if not, the Committee would be grateful if the Government would take the steps necessary to bring the legislation into conformity with this fundamental provision of the Convention and communicate information thereon.
The Committee notes with satisfaction the diligence and close attention which the Government has brought to the implementation of the recommendations of the Committee established by the ILO Governing Body to examine the representation made by the Federation of the Associations of Public Servants of the Ministry of Labour of Greece regarding non-observance of Article 4, paragraph 1, and Articles 6, 19 and 20 of the Convention. The Committee particularly notes that, with the adoption of Act No. 2639 of 2 September 1998 on the establishment, inter alia, of a Labour Inspection, and Decree No. 136/99 regarding the Organization of the Labour Inspection, a labour inspection system has been established under a central authority with responsibility to the Minister of Labour; this authority is assisted by a tripartite advisory body empowered to issue recommendations regarding the planning of action undertaken by the Labour Inspection and the annual activities reports and also to make proposals with a view to improving the efficacy of the labour inspection system; the labour inspection personnel is governed by the Public Service Statute; the inspection services must submit to the central authority, within the prescribed time limits, periodic reports on their activities, and an annual report drawn up by the central authority must be transmitted to the ILO no more than six months after the end of the period which it covers.
The Committee notes with interest that the new texts also give effect to Articles 3, paragraph 1; 5(a) and (b); 7; 9; 10; 11; Article 12(1)(a), (b), (c)(i) and (ii); 13; 14; 16; 17 and 18.
The Committee is addressing a request regarding certain points directly to the Government.
The Committee notes that at its 268th Session (March 1997), the Governing Body adopted the report of the committee set up to examine the representation made by the Federation of the Associations of Public Servants of the Ministry of Labour of Greece, under article 24 of the Constitution, alleging non-observance by Greece of the Labour Inspection Convention, 1947 (No. 81). The allegations relate to the incorporation of the labour inspectorate into autonomous prefectural administrations and to the consequences this incorporation has had on its operations. In its representation, the complainant Federation stated that since the new system came into force the labour inspectorate has experienced a real decline, as evidenced in particular by the lack of cooperation and coordination between inspection services, a failure to apply labour standards uniformly, the incorporation of the labour inspectorate into other prefectural services by assigning to them other tasks unrelated to their responsibilities, the transfer of competent and experienced inspectors to other services and the assignment to the labour inspectorate of people without experience or training in this area, the absence of guarantees of stability and independence for labour inspectors, and problems of informing workers of collective agreements and occupational relations. The Committee of Experts notes that the committee set up concluded that the organization of the labour inspectorate, as it results from Act No. 2218/1994 contravenes Article 4, paragraph 1, and Articles 6, 19 and 20 of the Convention.
Under the recommendations appearing in the Committee's report, the Government is requested to take the necessary measures to bring its legislation into conformity with the provisions of the Convention, in particular by placing the labour inspectorate under the supervision and control of a central authority. Under the same recommendations, it is also requested to submit, in accordance with article 22 of the Constitution, a report containing detailed information on the measures taken to give effect to the provisions of the Convention.
The Committee notes the information provided by the Government in September 1997, according to which a committee has been set up with a view to preparing a Bill for the reorganization and reintegration of the labour inspection services into the Ministry of Labour and Social Security. The committee comprises three directors-general of the Ministry, the heads of the labour inspectorate and of administrative organization, a civil servant from the Directorate for Working Conditions, and the President of the Federation of the Associations of Public Servants of the Ministry of Labour. The Committee requests the Government to provide information on the progress of the Committee's work and on that made in the application of the Convention.
Article 11, paragraphs 1(b) and 2, of the Convention. The Committee notes from the Government's report that it has done away with transport facilities earlier provided to labour inspectors, which has resulted in some difficulties in the exercise of their duties. The Committee recalls that the competent authority is required to provide labour inspectors with the necessary transport facilities for their work where suitable public facilities do not exist. Please provide indications as to what transport facilities are currently provided to labour inspectors and about the procedures to reimburse labour inspectors for any travel and incidental expenses needed for performing their duties.
Articles 20 and 21. The Committee notes the report of the central and regional Ministry of Labour services' activities for 1990 as well as a report for the second half of 1990 by the local labour inspectorate of Salonica. The Committee recalls that the Convention requires that the central inspection authority should publish, within a reasonable time after the end of each year to which the report relates and in no case within 12 months, an annual general report of the work of the services under its control and containing all the elements referred to in Article 21.
The Committee understands that tripartite inspection committees of three to five members exist in the construction industry and shipyards. Please describe the functioning of these bodies (in relation to Article 5(b)) and indicate any plans to extend them to other sectors of activity.