Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greece (Ratification: 1984)

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 takes note of the observations of the Hellenic Federation of Enterprises (SEV), transmitted by the International Organisation of Employers (IOE) and received on 1 October 2020. It also takes note of the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 August 2019. 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 and the observations of social partners, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 3. 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 the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. The Committee notes that the Government does not provide information on any impact assessment undertaken to that end. However, in its observations, the GSEE reiterates its previous concerns relating to the absence of an impact assessment of the austerity measures on the implementation of the Convention, and on the rise in discriminatory practices to the detriment of women. 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. Noting that the third economic adjustment programme ended on 20 August 2018, the Committee, however, 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 (A/HRC/44/51/Add.1, 16 April 2020, paragraph 86). The Committee regrets that the Government did not undertake any impact assessment that could better have helped it to assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention. The Committee hopes that the Government will take all the necessary steps, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to address all the matters identified by this Committee. It asks the Government to provide detailed information on the concrete measures adopted to that end, within the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and the results achieved.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that section 2 of Law No. 3896/2010 explicitly prohibits both quid pro quo and hostile environment sexual harassment. While noting that the dissemination of information and awareness-raising on sexual harassment at the workplace are planned in the NAPGE for 2016-20, the Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and in Practice indicated that, according to the Ombudsman, the number of incidents of sexual harassment is much higher than those reported, individuals being fearful of reprisals, stigmatization or losing their jobs or facing retaliatory legal defence pursued by employers (for example, in one case, the Ombudsman concluded that the dismissal of the complainant was an act of revenge, as it was abusively used as a “judicial countermeasure” by the employer against the employee’s complaint of sexual harassment). Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on the number of cases concerning sexual harassment in employment and occupation that have been dealt with by the labour inspectorate, the Ombudsman and the courts, as well as the sanctions imposed and remedies granted. It further asks the Government to provide specific information on awareness-raising initiatives undertaken to effectively prevent and prohibit sexual harassment in employment and occupation, within the framework of the NAPGE for 2016–20 or otherwise, as well as on their impact.

Pregnancy and maternity. In its previous comments, the Committee noted that working mothers returning from maternity leave have been offered part-time and rotation work (which is another form of part-time employment but differs in that the employee may work less days but on a full-time schedule each day). The Committee notes that according to the statistical information provided by the Government, 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 notes, however, that such statistics are not disaggregated by family status. The Committee also notes that the NAPGE for 2016–20 sets as specific actions: (i) the protection of pregnant women, including through the elimination of employers’ abuse of the entitlement to dismiss for “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 also notes that, in its supplementary information, the Government refers to the SHARE Project 2020–2022, that aims to challenge traditional stereotypes and roles within the family and promote work and life balance. It notes, however, that in April 2019, at the end of its country visit, the United Nations Working Group on Discrimination Against Women in Law and in Practice expressed concern about ongoing discrimination based on pregnancy. The Working Group indicated 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, while benefiting from any improvement of their working conditions that they would have been entitled to, during their absence, in practice, the law is inadequately enforced, particularly in relation to women in high-ranking positions (A/HRC/44/51/Add.1, 16 April 2020, paragraph 33). The Committee further notes that, as highlighted by the GSEE, the Ombudsman indicated that the high number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition is not fully understood. The Ombudsman highlighted the substantial number of reports relating to detrimental changes imposed to women returning from maternity leave with regard to their working conditions. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory, as they can by definition only affect women, the Committee asks the Government to provide information on the concrete measures adopted and implemented, within the framework of the NAPGE for 2016–20 or any other measures, to ensure that women are effectively protected in practice against discrimination in employment and occupation on the ground of pregnancy or maternity. It asks the Government to provide information on any awareness-raising activities on the rights of women workers linked to pregnancy and maternity, addressed at workers, employers and their respective organizations, as well as on any other steps taken to ensure the effective implementation of the relevant legislative provisions. The Committee further asks the Government to provide information on the number of cases concerning discrimination in employment and occupation on the grounds of pregnancy or maternity that have been dealt by the labour inspection, the courts or the Ombudsman, as well as the sanctions imposed and remedies provided.

Enforcement. The Committee notes the Government’s statement that several training sessions and seminars were organized for labour inspectors on gender equality issues, in cooperation with the Ombudsman and the General Secretariat for Family Policy and Gender Equality (GSFPGE) (previously the General Secretariat for Gender Equality (GSGE)). The Government adds that as a result of Law No. 4443/2016, cooperation between the labour inspectorate and the Ombudsperson in the monitoring of potential discrimination cases was strengthened. In its supplementary information, the Government also indicates that under Ministerial Decision (60201/D7.1422/31-12-2019, FEK 4997 B’) the violation of the principle of equal treatment was characterized as a very high level violation with a fine of €2,000 for each affected party. The labour inspectorate will immediately inform the Ombudsperson upon receiving complaints and provide information on the results of action taken by them without prejudice to the Ombudsperson’s own investigation and formulation of the final conclusion on the complaint. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson refers to several awareness-raising activities undertaken relating to equal treatment and gender equality, as well as to its cooperation with the labour inspectorate. Concerning the issue of discriminatory job vacancies, the Ombudsperson mentions awareness-raising activities undertaken with a specific private company, indicating that this experience will be used as a pilot project in the context of a mass media campaign on this issue. The Committee notes the Government’s indication that, from 2016 to 2019, 37 judicial decisions relating to the principles of the Convention were issued. The Committee asks the Government to continue to provide information on: (i) any awareness-raising activities and public information campaigns undertaken on the principles of the Convention, as well as on their impact, and (ii) the number of employment discrimination cases dealt with by the labour inspectorate, the Ombudsperson and the courts, identifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.

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 observations received from the Hellenic Federation of Enterprises (SEV) and the International Organisation of Employers (IOE) received on 1 October 2020, 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 August 2019.

Articles 1, 2 and 3 of the Convention. Legislative developments. In its last observation, the Committee noted 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 and provides that the General Secretariat for Family Policy and Gender Equality (GSFPGE) can award equality labels to public and private enterprises as a reward for achievements in the promotion of equality. It asked the Government to provide information on the application of this Law in practice, and particularly on sections 6, 7, 9, 17 and 21. In its supplementary information, the Government indicates that, in application of sections 6, 7 and 9 of Law No. 4604/2019 and its implementing circular: (1) two regional committees and 98 municipal committees for gender equality have been established to promote women’s rights at the local level; and (2) the appointment process of members of the National Council for Gender Equality (ESIF) has started. The Government adds that the adoption of equality plans by ministries is not yet compulsory, but that a programme is in place to ensure that the necessary expertise can be gradually acquired. The Committee notes the scope of the Act, which applies to persons who are employed or applicants for employment in both the public and private sectors, irrespective of the form of employment and nature of the services provided, as well as freelance professional persons and persons in vocational training or candidates for vocational training (section 17). The Committee asks the Government to continue providing information on the steps taken for the application in practice of Law No. 4604/2019, and particularly on: (i) the establishment, functioning, activities and impact of municipal and regional committees for gender equality and the National Council for Gender Equality; and (ii) the elaboration and implementation of equality plans by employers in both the public and private sectors, and the number of equality labels awarded by sector.

The Committee also noted with interest the adoption of Equal Treatment Law No. 4443/2016, transposing Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of race or ethnic origin, and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which replaces Law No. 3304/2005 and expands the list of prohibited grounds of discrimination with the addition of the following new grounds: chronic illness, ascendance, family or social status, and gender identity or characteristics (sections 2(2) and 3). However, the Committee also noted that section 4(1) of Law No. 4443/2016 provides that “a difference of treatment which is based on a characteristic related to any of the grounds of discrimination shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes an essential and decisive occupational requirement, provided that the objective is legitimate and the requirement is proportionate”. Consequently, the Committee asked the Government to provide: (1) information on the application of section 4(1) in practice, with examples of cases in which the provision has been used; and (2) copies of any relevant court decisions, and particularly any interpretation made of the terms “essential and decisive occupational requirement”, “legitimate objective” and “proportionate requirement”. In its supplementary information, the Government clarifies that a difference in treatment is justified through three criteria: (1) the reasons why the established characteristic constitutes an essential qualification; (2) the purpose of the specific characteristic; and (3) adequacy to the principle of proportionality. The Government also refers to two Ombudsman cases, according to which an age limit of 32 years for an expert vacancy post in the Ministry of Foreign Affairs was considered discriminatory (Case No. 20180328-2018) and the absence of an exception for persons with disabilities regarding physical tests for staff vacancies in detention facilities was considered justified (Case No. 267553-2019). The Committee takes note of this information.

Article 1(1)(b) of the Convention. Additional grounds. Disability. Recalling that the national legislation prohibits discrimination on the ground of disability in employment and occupation, the Committee notes that Law No. 4488/2017 of 13 September 2017 on improving the protection of employees and on the rights of persons with disabilities provides that any natural person or public organization in the wider public or private sector, is required to facilitate the equal exercise of the rights of persons with disabilities in their respective fields of competence or activity by taking all appropriate measures and refraining from any action which may discriminate against persons with disabilities. The Committee notes, from the statistical information provided by the Government, in its report and supplementary information, that twelve cases of discrimination on the ground of disability or chronic disease were reported between 2018 and 2019 by the labour inspectorate and that the Ombudsperson’s 2018 report further indicates that 14 per cent of cases received concerned discrimination on grounds of disability or chronic disease. The GSEE indicates that specific steps should be taken to raise awareness of the fact that the treatment of an employee with a disability may conceal discrimination. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities expressed concern at the high level of unemployment among persons with disabilities and the insufficient efforts to ensure their inclusion in the open labour market, particularly with regard to women with disabilities (CRPD/C/GRC/CO/1, 29 October 2019, paragraph 38(a)). The Committee asks the Government: (i) to adopt proactive measures in order to promote equal opportunity and treatment for persons with disabilities in education, vocational training and employment, including by enhancing their access to a wider range of jobs in the open labour market; and (ii) to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex, age and work environment (segregated work environment or the open labour market).

Age. In its supplementary information, the Government reports the abolition of the age limit for the postgraduate education of civil servants by Law No. 4590/2019 and the abolition of the age limit for specialists in the National Health System by Law No. 4528/2018. The Committee also recalls that the national legislation prohibits direct and indirect discrimination in employment and occupation on the ground of age (section 2(2)(a) of Law No. 4443/2016). Referring to its 2019 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee welcomes the removal, as of February 2019, of the lower minimum wage rate, which has been set since 2012 for young workers under the age of 25. In its supplementary information, the Government explains that most cases of age discrimination concern a maximum age criterion for access to work and employment, and refers to the Ombudsman’s 2019 Report, which indicates that in most cases age is associated, often stereotypically, with physical characteristics and special physical abilities that only younger people have without even indicating that such skills are necessary for the performance of the posts in question. The Government further adds that in 2019 the labour inspectorate investigated two cases of discrimination based on age, and refers to Cases Nos 20180328-2018 and 259702-2019, in which the Ombudsperson called for the reconsideration of job vacancies limited to candidates of a maximum of 32 or between 20 and 35 years of age, respectively. The Committee notes with concern that, in its 2018 special report on equal treatment, the Office of the Ombudsperson indicates that discrimination on the ground of age is constantly the subject of investigations by the Office and refers to several cases of maximum and/or minimum age limits unjustifiably imposed in the case of job vacancies, both in the public and private sectors. The Committee notes, however, that the European Commission recently observed that, while the national legislation allows for exceptions based on age for specific reasons, there is relevant case law, particularly on the introduction of age limits, that has found that such exceptions constitute discrimination based on age (European Commission, European Network of Legal Experts in Gender Equality and Non-discrimination, Country Report, Greece, 2018, page 49). The Committee recalls that age is considered a physical condition in respect of which social measures of protection and assistance may be necessary, as provided for in Article 5(2) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 813). Noting that job vacancies frequently impose restrictions based on age, the Committee asks the Government to: (i) take steps to prevent and address cases of direct or indirect discrimination based on age in employment and occupation, including through the development of public information campaigns and awareness-raising activities for workers, employers and their respective organizations; (ii) provide information on the steps taken and the measures adopted to tackle discrimination on the ground of age, as well as on the number and nature of cases concerning discrimination on this ground in employment and occupation that have been dealt with by the labour inspectorate, the Office of the Ombudsperson and the courts, as well as the sanctions imposed and remedies granted; and (iii) provide detailed information on the specific cases in which it was considered that age limits set in job vacancies were covered by the exceptions provided for in the national legislation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Referring to its previous comments on occupational gender segregation, the Committee notes from the Labour Force Survey (LFS) of the Hellenic Statistical Authority (ELSTAT) that in 2019, the employment rate for women slightly increased from 46.8 per cent in 2016 to 51.3 per cent, but remained 20 percentage points below that of men (71.3 per cent in 2019). The Committee notes that the GSEE’s indication that the 2018 employment rate of women of 49.1 per cent is one of the lowest in the European Union. It notes that in 2019 the unemployment rate of women was still substantially higher than that of men (21.5 per cent and 14 per cent, respectively). The Committee further notes that, according to ELSTAT 2018 data, women are still mainly concentrated in traditionally female-dominated sectors, such as education (74.4 per cent women) and health and social services (71.6 per cent women), as well as in low-paid jobs, representing 61.2 per cent of clerical support workers, but in 2018 only 26.8 per cent of senior officials and managers and 9.8 per cent of board members of the largest publicly listed companies (ELSTAT Labour Force Survey and European Commission, 2019 Report on equality between men and women in the EU, paragraph 27). The Committee also notes the indication by the SEV that gender stereotypes have a strong influence on the existing division of labour between men and women, both in the family, the workplace and society, and that these factors can limit women’s career prospects and contribute to inequalities in society. It further notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time (the fact that women do most household chores, care of family members and other unpaid work, which means they have less time to devote to paid employment) is one of the highest in the European Union, which is reflected in the labour market by the fact that more than twice as many women as men are in part-time employment (13.2 per cent and 6 per cent, respectively, in 2018). The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) 2016–20. In particular, it notes the indication in the NAPGE that: (1) women are still under-represented in specific sectors of the economy; (2) employed women have low-paid and precarious jobs, with little room for promotion and are unable to develop professionally and educationally; and (3) women still undertake the bulk of domestic work and spend periods away from the labour market more frequently than men. It notes that, as a result, the NAPGE includes specific actions aimed at, inter alia: (1) the enhancement of women’s employment and in particular women’s entrepreneurship; (2) the promotion of gender equality in education and vocational training; (3) ensuring the participation of women in decision-making; and (4) the reconciliation of work and family responsibilities. The Committee also notes the Government’s indication, in its supplementary information, that occupational gender segregation will be one of the priorities of the labour component of the new NAPGE 2021–25. The Committee further notes that the United Nations Working Group on Discrimination Against Women in Law and in Practice highlights the need for equal access for women to the labour market and improved conditions at work, and expresses specific concern at the absence of women in leadership roles (A/HRC/44/51/Add.1, 16 April 2020, paragraph 90(c) and (i)). The Committee further notes that, in its 2018 report, the Office of the Ombudsperson indicated that the number of complaints on gender-based discrimination increased, especially at the workplace, representing 57 per cent of the total number of the complaints received in 2018, and referred to several cases of discriminatory job vacancies seeking only men or women. In light of the persistent occupational gender segregation, the Committee asks the Government to take steps, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments and promote and enforce the rights guaranteed by the Convention. It asks the Government to include proactive measures in the NAPGE 2021–25, and to provide information on the impact of measures taken under the NAPGE 2016–20 to improve equality of opportunity and treatment for men and women in employment and occupation by effectively enhancing women’s economic empowerment and access to the labour market, including to decision-making positions.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. Referring to its previous comments on the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–2020, the Committee notes the Government’s indication that 12 strategies were implemented at the regional level for the social integration of the Roma. The Government adds that, between 2013 and 2015, 883 Roma people benefited from local employment projects and 2,232 benefited from the services of the 27 support centres for the Roma and vulnerable groups. The Committee notes the adoption in May 2016 of a project to develop the National Centre for Social Solidarity as a national platform for consultation and dialogue for the formulation and implementation of policies for the integration of the Roma. However, the Committee notes that the United Nations Working Group on Discrimination against Women in Law and Practice and the Human Rights Council in the framework of the Universal Periodic Review, several United Nations bodies have expressed concern at the persistent stereotypes and discrimination affecting the Roma in access to employment and education, despite the efforts made by the Government, and have explicitly recommended the Government to fully implement the National Strategy for the Integration of the Roma 2012–20 (A/HRC/44/51/Add.1, 16 April 2020, paragraph 90(j) and (k), A/HRC/33/7, 8 July 2016, paragraph 135, and A/HRC/WG.6/25/GRC/2, 7 March 2016, paragraphs 16 and 76). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against the Roma in employment and occupation is effectively prevented and addressed and to provide information on the impact of the plans and programmes implemented to enhance the equal access of the Roma to education, training and employment, including within the framework of the Strategy for the Integration of the Roma up to 2020. It asks the Government to provide information on the activities undertaken to that end in collaboration with the National Centre for Social Solidarity, as well as statistical data disaggregated by sex, on the labour market situation of the Roma.

Migrant workers. Taking into consideration the high number of migrants and refugees received by the country since 2015, the Committee notes that according to ELSTAT, for the first quarter of 2019, the unemployment rate of migrant workers was almost twice as high as that of national workers (32.3 per cent and 18.3 per cent, respectively). In its supplementary information, the Government recalls that Law No. 4251/2014 provides for a series of sanctions for employers employing third country nationals without a legal document giving them access to work. The Government adds that the labour inspection services deal with anonymous and whistle-blowing complaints regarding the employment of illegally resident third country nationals, that they use a risk analysis system to perform targeted audits and that they also take precautionary action through the provision of information. It further indicates that in 2019, the labour inspectorate identified 41 cases of the employment of illegally resident foreign nationals. In relation to the agricultural sector, the Committee further notes the Government’s indication in its supplementary information that: (1) the agricultural sector has a high rate of migrant workers, including irregular immigrant workers; (2) pursuant to Law No. 4554/2018 and Law No. 4052/2012, inspections in enterprises are carried out and sanctions (including high administrative sanctions) are imposed where undeclared work and the illegal employment of illegally resident third country nationals is detected; (3) 33 inspections were undertaken at agricultural product packaging companies and strawberry cultivation greenhouses; and (4) regarding the case involving a complaint of 164 foreign agricultural workers, the Prosecutor of the Court of First Instance issued a document describing them as being employed under particularly abusive working conditions and that they were therefore entitled to obtain a residence permit for humanitarian reasons. While taking note of this information, the Committee notes with deep concern that in its 2018 annual report published in April 2019, the Racist Violence Recording Network (RVRN, a network of non-governmental organizations established at the initiative of the Greek National Commission for Human Rights and the United Nations High Commissioner for Refugees) refers to acts by employers against migrants and refugees, with victims suffering extreme labour exploitation and physical violence when they ask for their pay. The Committee further observes that, in its 2018 report, the Office of the Ombudsperson highlights the unsatisfactory results of its numerous interventions since 2008 in relation to the inadequate inspection of the working conditions of migrant agricultural workers. The Committee also notes that several United Nations treaty bodies have expressed concern at reported cases of migrants working in slavery-like conditions in the agricultural sector and that the Human Rights Council has recommended, in the context of the Universal Periodic Review (UPR), that the Government supervise the working conditions of migrant workers effectively (A/HRC/33/7, paragraph 135, and A/HRC/WG.6/25/GRC/2, paragraph 35). The Committee notes in this regard the indication by the GSEE in March 2017 that the European Court of Human Rights (ECtHR) handed down a decision in which it considered that Bangladeshi workers were victims of trafficking for the purposes of labour exploitation in the agricultural sector (ECtHR Application No. 21884/15, Chowdury and others v. Greece, 30 March 2017). The Committee notes that the Office of the Ombudsperson also refers to several cases of discrimination on the ground of national origin as a result of job vacancies expressly requesting Greek citizens or, in other cases, non-citizens. The Committee recalls that all migrant workers, including those in an irregular situation, must be protected against discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (2012 General Survey, paragraph 778). The Committee urges the Government to take all the necessary measures without delay to address effectively any cases of discrimination against men and women migrant workers in terms and conditions of employment, particularly with regard to labour exploitation in the agricultural sector. It asks the Government to provide information on the concrete steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour or national extraction, as well as on their impact. The Committee asks the Government to continue providing information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Office of the Ombudsperson or the courts, the sanctions imposed and remedies granted, as well as statistical data, disaggregated by sex and national extraction, on the participation of migrant workers in the labour market.

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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 the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. 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 relating to the absence of an impact assessment of the austerity measures on the implementation of the Convention, and on the rise in discriminatory practices to the detriment of women. 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. Noting that the third economic adjustment programme ended on 20 August 2018, the Committee, however, 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 better have helped it to assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee hopes that the Government will take all the necessary steps, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to address all the matters identified by this Committee. It asks the Government to provide detailed information on the concrete measures adopted to that end, within the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and the results achieved.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that section 2 of Law No. 3896/2010 explicitly prohibits both quid pro quo and hostile environment sexual harassment. While noting that the dissemination of information and awareness-raising on sexual harassment at the workplace are planned in the NAPGE for 2016-20, the Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and in Practice indicated that, according to the Ombudsman, the number of incidents of sexual harassment is much higher than those reported, individuals being fearful of reprisals, stigmatization or losing their jobs or facing retaliatory legal defence pursued by employers (for example, in one case, the Ombudsman concluded that the dismissal of the complainant was an act of revenge, as it was abusively used as a “judicial countermeasure” by the employer against the employee’s complaint of sexual harassment). Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on the number of cases concerning sexual harassment in employment and occupation that have been dealt with by the labour inspectorate, the Ombudsman and the courts, as well as the sanctions imposed and remedies granted. It further asks the Government to provide concrete information on awareness-raising initiatives undertaken to effectively prevent and prohibit sexual harassment in employment and occupation, within the framework of the National Action Plan for Gender Equality for 2016–2020 or otherwise, as well as on their impact.

Pregnancy and maternity. In its previous comments, the Committee noted that working mothers returning from maternity leave have been offered part-time and rotation work (which is another form of part-time employment but differs in that the employee may work less days but on a full-time schedule each day). The Committee notes that according to the statistical information provided by the Government, 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 notes, however, that such statistics are not disaggregated by family status. The Committee also notes that the National Action Plan for Gender Equality (NAPGE) for 2016–2020 sets as specific actions: (i) the protection of pregnant women, including through the elimination of employers’ abuse of the entitlement to dismiss for “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. It notes, however, that in April 2019, at the end of its country visit, the United Nations Working Group on Discrimination Against Women in Law and in Practice expressed concern about ongoing discrimination based on pregnancy. The Working Group indicated 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, while benefiting from any improvement of their working conditions that they would have been entitled to, during their absence, in practice, the law is inadequately enforced, particularly in relation to women in high-ranking positions (OHCHR, Press statement of 12 April 2019). The Committee further notes that, as highlighted by the GSEE, the Ombudsman indicated that the high number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition is not fully understood. The Ombudsman highlighted the substantial number of reports relating to detrimental changes imposed to women returning from maternity leave with regard to their working conditions. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory as they can by definition only affect women, the Committee asks the Government to provide information on the concrete measures adopted and implemented, within the framework of the National Action Plan on Gender Equality for 2016–2020 or otherwise, to ensure that women are effectively protected against discrimination on the ground of pregnancy or maternity in employment in practice. It asks the Government to provide information on any awareness-raising activities of the rights of women workers linked to pregnancy and maternity, targeted at workers, employers and their respective organizations, as well as on any other steps taken to ensure the effective implementation of the relevant legislative provisions. The Committee further asks the Government to provide information on the number of cases concerning discrimination in employment and occupation on the grounds of pregnancy or maternity that have been dealt with by the labour inspectorate, the courts or the Ombudsman, as well as the sanctions imposed and remedies provided.

Enforcement. The Committee notes the Government’s statement that several training sessions and seminars were organized for labour inspectors on gender equality issues, in cooperation with the Ombudsman and the General Secretariat for Family Policy and Gender Equality – GSFPGE (previously the General Secretariat for Gender Equality, GSGE). The Government adds that as a result of Law No. 4443/2016, cooperation between the labour inspectorate and the Ombudsman in the monitoring of potential discrimination cases was strengthened. The labour inspectorate will immediately inform the Ombudsman upon receiving complaints and provide information on the results of action taken by them without prejudice to the Ombudsman’s own investigation and formulation of the final conclusion on the complaint. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsman refers to several awareness-raising activities undertaken relating to equal treatment and gender equality, as well as to its cooperation with the labour inspectorate. Concerning the issue of discriminatory job vacancies, the Ombudsman mentions awareness-raising activities undertaken with a specific private company, indicating that this experience will be used as a pilot project in the context of a mass media campaign on this issue. The Committee notes the Government’s indication that, from 2016 to 2019, 37 judicial decisions relating to the principles of the Convention, were issued. The Committee asks the Government to continue to provide information on any awareness-raising activities and public information campaigns undertaken on the principles of the Convention, as well as on their impact. It also asks the Government to provide information on the number of employment discrimination cases dealt with by the labour inspectorate, the Ombudsman and the courts, identifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.

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 Secretariat for Gender Equality, GSGE) can award “Equality Labels” to public and private enterprises as a reward for achievements in the promotion of equality, including through balanced participation of women and men in managerial positions or in professional and scientific groups, equality in professional development, and by the implementation of equality plans or other innovative measures to promote substantive gender equality (section 21). The Committee 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). It also provides for a National Council for Gender Equality (ESIF) under the auspices of the GSFPGE for the purposes of consulting relevant stakeholders in order to submit proposals to the GSFPGE for the adoption of policies and other action promoting gender equality, and for the purpose of assessing and evaluating existing policies on gender equality (section 9). The Committee notes the scope of the Act which applies to persons who are employed or are candidates 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 persons and persons in vocational training or candidates for vocational training (section 17). The Committee asks the Government to provide information on the application of the Law No. 4604/2019 in practice, and more particularly of its sections 6, 7, 9, 17 and 21, indicating: (i) the number and activities of municipal and regional committees for gender equality; (ii) the activities of the National Council for Gender Equality; and (iii) the number of equality plans developed and implemented by employers, both in the public and in the private sectors and the number of equality labels awarded. The Committee asks the Government to provide detailed information on the relevant activities and measures implemented within this framework as well as on their impact.

In addition, the Committee notes with interest the adoption of the Equal Treatment Law No. 4443/2016, transposing Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of race or ethnic origin, and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which replaces Law No. 3304/2005 and expands the list of prohibited grounds of discrimination with the addition of the following new grounds: chronic illness, ancestry, family or social status, and gender identity or characteristics (sections 2(2) and 3). The Committee, however, notes that section 4(1) of the Law No. 4443/2016 provides that “a difference of treatment which is based on a characteristic related to any of the grounds of discrimination shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes an essential and decisive occupational requirement, provided that the objective is legitimate and the requirement is proportionate”. The Committee asks the Government to provide information on the application of section 4(1) of Law No. 4443/2016 in practice, giving examples of cases in which such provision has been used. It further asks the Government to provide a copy of any relevant court decisions, and particularly on any interpretation made of the terms “essential and decisive occupational requirement”, “legitimate objective” and “proportionate requirement”.

Article 1(1)(b) of the Convention. Additional grounds. Disability. Recalling that the national legislation prohibits discrimination on the ground of disability in employment and occupation, the Committee notes that Act No. 4488/2017 of 13 September 2017 on improving the protection of employees and on the rights of persons with disabilities provides that any natural person or public organization in the wider public or private sector, is required to facilitate the equal exercise of the rights of persons with disabilities in their respective fields of competence or activity by taking all appropriate measures and refraining from any action which may discriminate against disabled persons. The Committee notes, from the statistical information provided by the Government, that seven cases of discrimination on the ground of disability or chronic disease were reported by the labour inspectorate, which imposed fines upon the company concerned in three of those cases. It notes that in its 2018 report the Ombudsperson further indicates that 14 per cent of cases received concerned discrimination on grounds of disability or chronic disease. The GSEE indicates that specific steps should be taken to raise awareness of the fact that the treatment of an employee with a disability may conceal discrimination. The Committee notes that in its 2019 concluding observations, the United Nations (UN) Committee on the Rights of Persons with Disabilities expressed concern at the high level of unemployment among persons with disabilities and the insufficient efforts to ensure their inclusion in the open labour market, particularly with regard to women with disabilities (CRPD/C/GRC/CO/1, 29 October 2019, paragraph 38(a)). The Committee asks the Government to adopt proactive measures in order to promote equal opportunity and treatment for persons with disabilities in education, vocational training and employment, including by enhancing their access to a wider range of jobs in the open labour market. It asks the Government to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Age. The Committee recalls that Greek national legislation prohibits direct and indirect discrimination in employment and occupation on the ground of age (section 2(2)(a) of Law No. 4443/2016). Referring to its 2019 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee welcomes the removal, as of February 2019, of the lower minimum wage rate which was set since 2012 for young employees under the age of 25. The Committee notes, however, that the European Commission recently observed that, while the national legislation allows for exceptions based on age for specific reasons, there is relevant case law, particularly on the introduction of age limits, that has found that such exceptions constitute discrimination based on age (European Commission, European network of legal experts in gender equality and non-discrimination, Country Report, Greece, 2018, p. 49). The Committee notes with concern that, in its 2018 special report on equal treatment, the Ombudsperson indicates that discrimination on the ground of age is constantly the subject of investigations by his Office and refers to several cases of maximum and/or minimum age limits unjustifiably imposed in the case of job vacancies, both in the public and private sectors. Noting the Government’s statement in its report that complaints concerning age limits in job vacancies are frequently made, the Committee recalls that under the Convention age is considered a physical condition in respect of which special measures of protection and assistance may be necessary, as provided for in Article 5(2) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 813). Noting that job vacancies frequently impose restrictions based on age, the Committee asks the Government to take steps to prevent and address cases of direct or indirect discrimination based on age in employment and occupation, including through the development of public information campaigns and awareness-raising activities among workers, employers and their respective organizations. It asks the Government to provide information on the number of cases concerning discrimination on the ground of age in employment and occupation that have been dealt with by the labour inspectorate, the Ombudsperson and the courts, as well as the sanctions imposed and remedies granted. It further asks the Government to provide detailed information on the specific cases in which it was considered that age limits set in job vacancies were covered by the exceptions provided for in the national legislation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments on occupational gender segregation in the labour market, the Committee notes from the Labour Force Survey (LFS) of the Hellenic Statistical Authority (ELSTAT) that in 2018, the employment rate for women slightly increased from 46.8 per cent in 2016 to 49.1 per cent, but remained 21 percentage points below that of men (70.1 per cent in 2018), being still one of the lowest employment rates for women among the European Union member states (EU average is 66.5 per cent), as highlighted by the GSEE. It notes that in 2018, the unemployment rate for women was still substantially higher than that for men (24.2 per cent and 15.4 per cent, respectively). The Committee further notes that women are still mainly concentrated in traditionally female-dominated sectors, such as education (74.4 per cent of women) and health and social services (71.6 per cent of women), as well as in low-paid jobs, representing 61.2 per cent of clerical support workers but only 26.8 per cent of senior officials and managers and 9.1 per cent of board members of the largest publicly listed companies in the European Union (Labour Force Survey of ELSTAT, and European Commission, 2019 Report on equality between men and women in the EU, paragraph 27). It further notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time (the fact that women do most of the household chores, the care of family members and other unpaid work, which means they have less time to devote on paid employment) is one of the highest in the European Union which is reflected in the labour market by the fact that more than twice as many women as men are in part-time employment (13.2 per cent and 6 per cent, respectively in 2018). The Committee takes note of the adoption of the Nation Action Plan for Gender Equality (NAPGE) for 2016–2020 and more particularly of the Government’s acknowledgement that: (i) women are still under-represented in specific sectors of the economy; (ii) employed women have low-paid and precarious jobs, with little room for promotion and are unable to develop professionally and educationally; and (iii) women still undertake the bulk of domestic work and spend periods away from the labour market more frequently than men. It notes that, as a result, the NAPGE sets specific actions aimed at, inter alia: (i) the enhancement of women’s employment and in particular women’s entrepreneurship; (ii) the promotion of gender equality in education and vocational training; (iii) ensuring the participation of women in decision-making centres; and (iv) the reconciliation of work and family responsibilities. While welcoming the adoption of the NAPGE, the Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and in Practice highlighted the need for women’s equal access to the labour market and improved conditions at work, and expressed specific concern at the absence of women in leadership roles (OHCHR, Press statement of 12 April 2019). The Committee further notes that in its 2018 report, the Ombudsperson indicated that the number of complaints on gender-based discrimination, especially at the workplace, increased, representing 57 per cent of the total number of the complaints received in 2018, and referred to several cases of discriminatory job vacancies seeking only men or women candidates. In light of persistent gender segregation in the labour market, the Committee asks the Government to take steps, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the rights guaranteed by the Convention. It asks the Government to provide information on the proactive measures implemented, including within the framework of the National Action Plan for Gender Equality for 2016–20, to improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s economic empowerment and access to the labour market, including to decision-making positions.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. Referring to its previous comments on the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–2020, the Committee notes the Government’s indication that 12 strategies were implemented at regional level for the social integration of Roma people. The Government adds that, between 2013 and 2015, 883 Roma people benefited from local employment projects and 2,232 benefited from the services of the 27 support centres for Roma people and vulnerable groups. The Committee takes note of the adoption, in May 2016, of a project aimed at developing the National Centre for Social Solidarity, as a national platform for consultation and dialogue for the formulation and implementation of policies for the integration of Roma people. The Committee, however, notes that several UN bodies have expressed concern about the persistent stereotypes and discrimination affecting Roma people in access to employment and education, despite the efforts made by the Government, and have expressly recommended that the Government fully implement the National Strategy for the Integration of the Roma for 2012–2020 (OHCHR, Press statement of 12 April 2019; A/HRC/33/7, 8 July 2016, paragraph 135 and A/HRC/WG.6/25/GRC/2, 7 March 2016, paragraphs 16 and 76). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and addressed and to provide information on the impact of plans and programmes implemented to enhance equal access of Roma people to education, training and employment, including within the framework of the Strategy for the Integration of Roma up to 2020 or otherwise. It asks the Government to provide information on the activities undertaken to that end in collaboration with the National Centre for Social Solidarity, as well as statistical data disaggregated by sex, on the labour market situation of Roma people.

Migrant workers. Taking into consideration the high number of migrants and refugees received by the country since 2015, the Committee notes that according to ELSTAT, for the first quarter of 2019, the unemployment rate of migrant workers was almost twice as high as that of national workers (32.3 per cent and 18.3 per cent, respectively). The Committee notes with deep concern that in its 2018 annual report published in April 2019, the Racist Violence Recording Network – RVRN (which is a network of non-governmental organizations at the initiative of the Greek National Commission for Human Rights and the United Nations High Commissioner for Refugees) refers to incidents perpetrated by employers against migrants and refugees, with victims suffering extreme labour exploitation and physical violence when they ask for their pay. It further notes that several UN treaty bodies have expressed concern about reported cases of migrants working in slavery-like conditions in the agricultural sector and that the Human Rights Council has recommended, in the context of the Universal Periodic Review (UPR), that the Government supervise the working conditions of migrant workers effectively (A/HRC/33/7, paragraph 135 and A/HRC/WG.6/25/GRC/2, paragraph 35). The Committee notes in that regard that, in March 2017, as highlighted by the GSEE, the European Court of Human Rights (ECtHR) handed down a decision where it considered that Bangladeshi workers were victims of trafficking for the purposes of labour exploitation in the agricultural sector (ECtHR Application No. 21884/15, Chowdury and others v. Greece, 30 March 2017). The Committee further notes that in its 2018 report, the Ombudsperson refers to a complaint made by 164 migrant workers, requesting that the labour inspectorate conduct field inspections to identify violations of labour laws in the agricultural sector in the region. The Committee notes that the Ombudsperson requested the Government to take appropriate measures to prevent trafficking for labour exploitation. In its report, the Ombudsperson highlights the unsatisfactory results of his numerous interventions since 2008 regarding the administration’s inadequate inspection of migrant agricultural workers’ working conditions in the region. The Committee notes that the Ombudsperson also mentions several cases of discrimination on the ground of national origin as a result of job vacancies expressly requesting Greek citizens or, in other cases, non-citizens. The Committee wishes to point out that under the Convention all migrant workers including those in irregular situation must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see 2012 General Survey, paragraph 778). The Committee urges the Government to take all necessary steps without delay to address effectively any cases of discrimination against men and women migrant workers in terms and conditions of employment, in particular as regards labour exploitation in the agricultural sector. It asks the Government to provide information on the concrete steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour or national extraction, as well as on their impact. The Committee asks the Government to provide information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Ombudsperson or by the courts, the sanctions imposed and remedies granted, as well as statistical data, disaggregated by sex, race, and national extraction, on the participation of migrant workers in the labour market.

General Observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. Equality between men and women in the private sector. The Committee notes the information provided by the Government according to which in 2012 there were 49,640 conversions of full-time employment contracts to part-time employment contracts, 21,478 full-time contracts to rotation work contracts by agreement and 13,372 conversions from full-time contracts to rotation work contracts by unilateral decision. During the first semester of 2013, the figures were 12,851, 6,816 and 6,663 conversions, respectively. The Committee notes that the figures show that, while there was an increase in the utilization of these kinds of contracts in 2012 in comparison with 2011, there appears to be a reversal of the trend in 2013. The Committee notes the Government’s indication that information disaggregated by type of employment contract (full-time, part-time or rotation), sector, sex and remuneration, as requested by the Committee, will be available when the Integrated Information System is fully operational following the recent adoption of Ministerial Decision No. 5072/6/25-2-2013. The Committee further notes the programmes implemented by the Ministry of Labour, Social Security and Welfare to ensure higher participation of women in the labour market, which were adopted in the framework of the European Employment Strategy, as well as the project “Upgrading of the occupational status of employed, self-employed women and workers employed in precarious jobs”. The Government also refers to the initiative “Harmonization of family and professional life” which supports women’s employment and job retention by providing care and hospitality services for children and persons with disabilities (190,000 women have already benefited from the initiative). The Committee notes, however, that according to the Annual Report 2012 of the Office of the Ombudsman, the crisis has reinforced gender stereotypes, which in turn tend to produce gender-based exclusion. The Committee further notes that the United Nations independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights indicated that the crisis had a disproportionate impact on women who were the most affected by unemployment and part-time work (A/HRC/25/50/Add.1, 27 March 2014, paragraphs 46 and 72–74). The Committee trusts that the Integrated Information System will soon be operational and requests the Government to provide statistical information disaggregated by sex on the number of workers employed in full-time and part-time employment, and on the number of workers who have had their working arrangements converted into part-time work and rotation work, either by agreement or unilaterally. Please also provide statistical data disaggregated by sex showing employment trends in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected. The Committee further requests the Government to continue providing information on the different measures adopted to promote equality of opportunity and treatment between men and women in the private sector, to enhance the participation of women in the labour market, and, in particular, to overcome traditional stereotypes regarding the role of women in society.

Equality between men and women in the public sector. The Committee notes the Government’s indication that in the implementation of Act No. 4024/2011, which provides for a “labour reserve” as a form of retrenchment, care was taken to ensure that enhanced protection is granted by the State to special categories of citizens with increased economic obligations and fewer possibilities for integration in the labour market. The Government also provides information on the number of employees dismissed, suspended and placed in labour reserve in the public service private law entities and state-owned enterprises affected by the different rationalization measures until 13 January 2012. The Government also indicates that in the framework of the first cycle of civil service mobility implemented in accordance with Act No. 4093/2012 and for the purpose of improving rationality in human resource allocation, about 2000 secondary education administrative employees were transferred to other agencies. The Committee notes, however, that the information provided does not allow it to assess the impact of the measures adopted on men’s and women’s employment, respectively. The Committee requests the Government to continue providing information on the implementation of Act No. 4024/2011 respecting the labour reserve and Act No. 4093/2012 on mobility, indicating in particular the special categories of workers who have benefited from enhanced protection, as well as the specific public sectors and categories of workers most affected, and whether mobility was imposed or negotiated with the employees concerned. The Committee trusts that with the implementation of the Integrated Information System the Government will be able to provide this information disaggregated by sex.

Impact of the structural reform measures with respect to other grounds of discrimination. The Committee notes the information concerning the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–20. These include measures aimed at: ensuring residence; increasing school attendance; reducing undeclared work and increasing accessibility of youth to employment and entrepreneurship; and ensuring access to primary health services. In this context, three plans for pilot regional strategies on Roma integration have been drafted and the support centres for Roma and vulnerable groups are operational. The Government further indicates that in the framework of the programme “Human Resources Development”, measures are being taken to enable Roma to participate in other programmes of general scope and in the labour force with equal opportunities. This programme also benefits migrant workers who, according to the Government, are included in all training and employment promotion actions, as well as in public welfare programmes, if they are entitled to stay and work in the country. The Committee notes however that the European Commissioner for Human Rights regretted “the stigmatization of migrants in Greek politics and the targeting of other groups namely, Roma, members of the Muslim minority, lesbian, gay, bisexual and transgender (LGBT) persons and human rights defenders” through hate speech. He further referred to the lack of a comprehensive policy to promote migrant integration and improve community relations and intercultural dialogue (CommDH(2013)6, paragraphs 29 and 31). The Committee also notes that, in her report, the Greek Ombudsman refers to the spillover effects of the financial crisis, not only in areas which were already problematic in terms of human rights protection, but also society as a whole, with signs of intolerance becoming increasingly more widespread. The Ombudsman expressed her concern with respect to the alarming rise in racist violence, both in the number of incidents reported and their intensity, as well as the degree of effectiveness of state bodies in protecting vulnerable social groups (Annual Report, 2012, published in 2013, of the Greek Ombudsman, pages 8 and 31). The Committee requests the Government to provide information on the measures adopted to promote equality of opportunity and treatment for members of all ethnic and religious groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment. The Committee requests the Government, in particular, to provide information on the measures taken under the Plan of Action for the Social Integration of Roma and their impact, indicating the number of men and women who have benefited from these programmes. The Committee also requests the Government to indicate the specific measures taken to address stereotypes and prejudices against the Roma, migrant workers and the Muslim minority, and to promote respect and tolerance between all sections of the population.

Enforcement. The Committee notes that the General Secretariat for Gender Equality is developing a specialized structure for the monitoring of gender mainstreaming integration policies as well as a Gender Index System which, together with the Integrated Information System, will contribute to the comprehensive identification and recording of those areas where gender inequalities are prevalent. The Government also provides information concerning the complaints and labour disputes filed with the labour inspectorate in 2011 and 2012 which relate to coercion to resign, dismissals, changes in conditions of work of pregnant women and sexual harassment. The Committee notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81), the adoption of a special action plan for the strengthening of the general labour inspectorate. The Committee further notes the awareness-raising and training activities carried out by the General Secretariat for Gender Equality, some in collaboration with the Ombudsman, including: (i) inclusion of an educational module on gender equality for labour inspectors in the programme of basic training; (ii) distribution of training materials from the Ombudsman to regional services of the labour inspectorate; (iii) 85 training programmes for public administration and local government officers; and (iv) education of trainers. The Committee requests the Government to provide information on the functioning of the specialized structure for the monitoring of gender mainstreaming integration policies once it is operational, as well as on the implementation of the action plan for the strengthening of the general labour inspectorate. The Committee further requests the Government to indicate the concrete measures taken to combat discrimination against pregnant women and sexual harassment in the workplace and to provide information on the complaints received by the labour inspectorate and the Ombudsman on all the grounds provided for in the Convention, in particular race, colour, religion and national extraction.

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, the GSEE refers to a rise in discriminatory practices, especially on multiple grounds, to the detriment of women, as well as in discrimination on the grounds of ethnic and national origin, disability and age. It also refers to the fact that all tripartite social dialogue structures related to gender equality and discrimination do not function.

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

Articles 2 and 3 of the Convention. Impact of the structural reform measures on the application of the Convention. The Committee has been examining for a number of years the austerity measures adopted in the framework of the support mechanism. In this context it has requested the Government to monitor the impact of such measures on the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. The Committee notes the information provided by the Government concerning the implementation of Act No. 4024/2011 which provides for the automatic termination of different categories of employees and the placing of some employees in some categories in the “labour reserve” (that is employees on open ended private law contracts) and Act No. 4093/2012 which provides for civil service mobility, as well as the conversion from full time to part time and rotation work contracts in the private sector, which are addressed in detail in the direct request. The Committee further notes that the Greek National Commission for Human Rights (NCHR) highlighted the importance of assessing the adverse consequences of the multiple austerity measures on the employment and social security rights of large segments of the population and called on the Government to end the flexibilization of employment relationships in the private and the public sectors (NCHR conclusions adopted by the Plenary of 27 June 2013). Moreover, the independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights recommended the conducting of human rights impact assessments to identify potential negative impacts of the adjustment programme and the necessary policies to address such impacts (A/HRC/25/50/Add.1, 27 March 2014, paragraph 91).

The Committee notes that the information provided by the Government does not indicate that any impact assessment of the structural reform measures or of the National Equality Policy on the Employment of Men and Women has been undertaken. The Committee highlights the importance of regularly assessing, with a view to reviewing and adjusting, existing measures and strategies on a continuing basis in order to better promote equality and evaluate their impact on the situation of the protected groups and the incidence of discrimination. Furthermore, the Committee considers that it is essential that measures of an economic or political nature do not undermine the principles of equality and non-discrimination or adversely affect the progress achieved by previous action taken to promote equality (see General Survey on the fundamental Conventions, 2012, paragraph 847). The Committee requests the Government to take without delay the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to evaluate the impact of the austerity measures on equality of opportunity and treatment in both public and private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of employment, and security of employment. The evaluation of the impact of the austerity measures should also focus on the employment situation of ethnic and religious minorities such as Roma and Muslims as well as migrant workers who are particularly vulnerable to the impact of the economic crisis. The Committee requests the Government to provide full information in this regard.

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.

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

Articles 2 and 3 of the Convention. Equality between men and women in the private sector. The Committee notes the information provided by the Government according to which in 2012 there were 49,640 conversions of full-time employment contracts to part-time employment contracts, 21,478 full-time contracts to rotation work contracts by agreement and 13,372 conversions from full-time contracts to rotation work contracts by unilateral decision. During the first semester of 2013, the figures were 12,851, 6,816 and 6,663 conversions respectively. The Committee notes that the figures show that, while there was an increase in the utilization of these kinds of contracts in 2012 in comparison with 2011, there appears to be a reversal of the trend in 2013. The Committee notes the Government’s indication that information disaggregated by type of employment contract (full-time, part-time or rotation), sector, sex and remuneration, as requested by the Committee, will be available when the Integrated Information System is fully operational following the recent adoption of Ministerial Decision No. 5072/6/25-2-2013. The Committee further notes the programmes implemented by the Ministry of Labour, Social Security and Welfare to ensure higher participation of women in the labour market, which were adopted in the framework of the European Employment Strategy, as well as the project “Upgrading of the occupational status of employed, self-employed women and workers employed in precarious jobs”. The Government also refers to the initiative “Harmonization of family and professional life” which supports women’s employment and job retention by providing care and hospitality services for children and persons with disabilities (190,000 women have already benefited from the initiative). The Committee notes, however, that according to the Annual Report 2012 of the Office of the Ombudsman, the crisis has reinforced gender stereotypes, which in turn tend to produce gender based exclusion. The Committee further notes that the United Nations independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights indicated that the crisis had a disproportionate impact on women who were the most affected by unemployment and part-time work (A/HRC/25/50/Add.1, 27 March 2014, paragraphs 46 and 72–74). The Committee trusts that the Integrated Information System will soon be operational and requests the Government to provide statistical information disaggregated by sex on the number of workers employed in full-time and part-time employment, and on the number of workers who have had their working arrangements converted into part-time work and rotation work, either by agreement or unilaterally. Please also provide statistical data disaggregated by sex showing employment trends in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected. The Committee further requests the Government to continue providing information on the different measures adopted to promote equality of opportunity and treatment between men and women in the private sector, to enhance the participation of women in the labour market, and, in particular, to overcome traditional stereotypes regarding the role of women in society.

Equality between men and women in the public sector. The Committee notes the Government’s indication that in the implementation of Act No. 4024/2011, which provides for a “labour reserve” as a form of retrenchment, care was taken to ensure that enhanced protection is granted by the State to special categories of citizens with increased economic obligations and fewer possibilities for integration in the labour market. The Government also provides information on the number of employees dismissed, suspended and placed in labour reserve in the public service private law entities and state-owned enterprises affected by the different rationalization measures until 13 January 2012. The Government also indicates that in the framework of the first cycle of civil service mobility implemented in accordance with Act No. 4093/2012 and for the purpose of improving rationality in human resource allocation, about 2000 secondary education administrative employees were transferred to other agencies. The Committee notes, however, that the information provided does not allow it to assess the impact of the measures adopted on men’s and women’s employment, respectively. The Committee requests the Government to continue providing information on the implementation of Act No. 4024/2011 respecting the labour reserve and Act No. 4093/2012 on mobility, indicating in particular the special categories of workers who have benefited from enhanced protection, as well as the specific public sectors and categories of workers most affected, and whether mobility was imposed or negotiated with the employees concerned. The Committee trusts that with the implementation of the Integrated Information System the Government will be able to provide this information disaggregated by sex.

Impact of the structural reform measures with respect to other grounds of discrimination. The Committee notes the information concerning the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–20. These include measures aimed at: ensuring residence; increasing school attendance; reducing undeclared work and increasing accessibility of youth to employment and entrepreneurship; and ensuring access to primary health services. In this context, three plans for pilot regional strategies on Roma integration have been drafted and the support centres for Roma and vulnerable groups are operational. The Government further indicates that in the framework of the programme “Human Resources Development”, measures are being taken to enable Roma to participate in other programmes of general scope and in the labour force with equal opportunities. This programme also benefits migrant workers who, according to the Government, are included in all training and employment promotion actions, as well as in public welfare programmes, if they are entitled to stay and work in the country. The Committee notes however that the European Commissioner for Human Rights regretted “the stigmatization of migrants in Greek politics and the targeting of other groups namely, Roma, members of the Muslim minority, lesbian, gay, bisexual and transgender (LGBT) persons and human rights defenders” through hate speech. He further referred to the lack of a comprehensive policy to promote migrant integration and improve community relations and intercultural dialogue (CommDH(2013)6, paragraphs 29 and 31). The Committee also notes that, in her report, the Greek Ombudsman refers to the spillover effects of the financial crisis, not only in areas which were already problematic in terms of human rights protection, but also society as a whole, with signs of intolerance becoming increasingly more widespread. The Ombudsman expressed her concern with respect to the alarming rise in racist violence, both in the number of incidents reported and their intensity, as well as the degree of effectiveness of state bodies in protecting vulnerable social groups (annual report, 2012, published in 2013, of the Greek Ombudsman, pages 8 and 31). The Committee requests the Government to provide information on the measures adopted to promote equality of opportunity and treatment for members of all ethnic and religious groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment. The Committee requests the Government, in particular, to provide information on the measures taken under the Plan of Action for the Social Integration of Roma and their impact, indicating the number of men and women who have benefited from these programmes. The Committee also requests the Government to indicate the specific measures taken to address stereotypes and prejudices against the Roma, migrant workers and the Muslim minority, and to promote respect and tolerance between all sections of the population.

Enforcement. The Committee notes that the General Secretariat for Gender Equality is developing a specialized structure for the monitoring of gender mainstreaming integration policies as well as a Gender Index System which, together with the Integrated Information System, will contribute to the comprehensive identification and recording of those areas where gender inequalities are prevalent. The Government also provides information concerning the complaints and labour disputes filed with the labour inspectorate in 2011 and 2012 which relate to coercion to resign, dismissals, changes in conditions of work of pregnant women and sexual harassment. The Committee notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81), the adoption of a special action plan for the strengthening of the general labour inspectorate. The Committee further notes the awareness-raising and training activities carried out by the General Secretariat for Gender Equality, some in collaboration with the Ombudsman, including: (i) inclusion of an educational module on gender equality for labour inspectors in the programme of basic training; (ii) distribution of training materials from the Ombudsman to regional services of the labour inspectorate; (iii) 85 training programmes for public administration and local government officers; and (iv) education of trainers. The Committee requests the Government to provide information on the functioning of the specialized structure for the monitoring of gender mainstreaming integration policies once it is operational, as well as on the implementation of the action plan for the strengthening of the general labour inspectorate. The Committee further requests the Government to indicate the concrete measures taken to combat discrimination against pregnant women and sexual harassment in the workplace and to provide information on the complaints received by the labour inspectorate and the Ombudsman on all the grounds provided for in the Convention, in particular race, colour, religion and national extraction.

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

Articles 2 and 3 of the Convention. Impact of the structural reform measures on the application of the Convention. The Committee has been examining for a number of years the austerity measures adopted in the framework of the support mechanism. In this context it has requested the Government to monitor the impact of such measures on the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. The Committee notes the information provided by the Government concerning the implementation of Act No. 4024/2011 which provides for the automatic termination of different categories of employees and the placing of some employees in some categories in the “labour reserve” (that is employees on open ended private law contracts) and Act No. 4093/2012 which provides for civil service mobility, as well as the conversion from full time to part time and rotation work contracts in the private sector, which are addressed in detail in the direct request. The Committee further notes that the Greek National Commission for Human Rights (NCHR) highlighted the importance of assessing the adverse consequences of the multiple austerity measures on the employment and social security rights of large segments of the population and called on the Government to end the flexibilization of employment relationships in the private and the public sectors (NCHR conclusions adopted by the Plenary of 27 June 2013). Moreover, the independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights recommended the conducting of human rights impact assessments to identify potential negative impacts of the adjustment programme and the necessary policies to address such impacts (A/HRC/25/50/Add.1, 27 March 2014, paragraph 91).

The Committee notes that the information provided by the Government does not indicate that any impact assessment of the structural reform measures or of the National Equality Policy on the Employment of Men and Women has been undertaken. The Committee highlights the importance of regularly assessing, with a view to reviewing and adjusting, existing measures and strategies on a continuing basis in order to better promote equality and evaluate their impact on the situation of the protected groups and the incidence of discrimination. Furthermore, the Committee considers that it is essential that measures of an economic or political nature do not undermine the principles of equality and non-discrimination or adversely affect the progress achieved by previous action taken to promote equality (see General Survey on the fundamental Conventions, 2012, paragraph 847). The Committee requests the Government to take without delay the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to evaluate the impact of the austerity measures on equality of opportunity and treatment in both public and private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of employment, and security of employment. The evaluation of the impact of the austerity measures should also focus on the employment situation of ethnic and religious minorities such as Roma and Muslims as well as migrant workers who are particularly vulnerable to the impact of the economic crisis. The Committee requests the Government to provide full information in this regard.

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

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), concerning the reform of the collective bargaining legal framework in the context of the economic crisis and the impact of austerity measures. 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. Further to its observations on the Equal Remuneration Convention, 1951 (No. 100), the Committee recalls the observations made by the Greek General Confederation of Labour (GSEE) dated 29 July 2010 and 28 July 2011 that: (i) the measures implemented under structural reforms prior to and within the framework of the support mechanism have a direct impact on the application of the Convention; (ii) the reforms are likely to lead to an increase in multiple discrimination on the grounds of gender, ethnic or racial origin, age, family responsibilities or disability; and (iii) the minimum protection level, including wages of some workers such as working women, workers with family responsibilities, workers in flexible forms of employment, and workers not protected by labour law, including domestic workers and workers in agricultural undertakings, is being significantly weakened. The Committee also recalls that Act No. 3846/2010 on financial management and responsibility, as amended by Act No. 3899/2010, institutionalizes a range of flexible forms of employment. Noting the significant increase in flexible forms of employment, the Office of the Ombudsperson, in its Annual Report 2011, states that it confirms the assumption that, due to or under the pretext of the crisis, many enterprises replaced stable work with precarious work; the percentage of women who took such flexible work as newly recruited or already in employment increased, thereby making gender-based discrimination observed by the Office of the Ombudsperson more visible.

Articles 2 and 3 of the Convention. Equality between men and women in the public sector. In its previous comments, the Committee noted that the system of “labour reserve” as a form of retrenchment in the public sector overall, pursuant to Act No. 3986/2011 and Act No. 4024/2011, was likely to have an impact on female unemployment, in particular public sector employees with family responsibilities. The Committee also notes that, while the Government indicates that the percentage of women in posts of responsibility increased since 1996 and reached about 50 per cent in 2009, no updated information has been provided in this regard. The Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsperson, to monitor closely the impact of the measures taken in the framework of the support mechanism on the employment of men and women in the public sector, so as to address any direct or indirect discrimination based on sex. To this end, the Committee also asks the Government to provide information, disaggregated by sex, on employment in the various occupations of the public sector overall, with an indication of the number of male and female workers who have been placed in the labour reserve, the number of dismissals and the sectors most affected.

Equality between men and women in the private sector. The Committee notes the Government’s indication that the sectors most affected by the economic crisis are the construction and manufacturing sectors, in which men are highly concentrated (in 2011, 95.9 per cent of workers in the construction sector and 75.6 per cent of workers in the manufacturing sector were men). The total number of workers fell by 36.8 per cent in the construction sector and by 22.8 per cent in the manufacturing sector. The Committee also notes the Government’s indication that the rate of part-time employment increased from 5.6 per cent in 2008 to 6.8 per cent in 2011 (30.65 per cent of the new contracts concluded in 2011 were part-time contracts), and that part-time employment is more widespread among women. The rate of women in part-time employment was 10.2 per cent in 2011, which was higher than the rate of men in part-time employment (4.5 per cent in 2011). It also notes the Government’s indication that 84,419 work rotation contracts and 300,230 part-time contracts were signed in 2011. There were 32,420 cases of conversions from full-time to part-time contracts, and 26,542 cases of conversions (among which 7,414 cases of unilateral conversions by employers) from full-time to work rotation contracts in 2011. According to the Annual Report 2011 of the Office of the Ombudsperson, part-time work had increased by 73.25 per cent, work rotation contracts introduced in agreement with the parties had increased by 193.06 per cent, while work rotation introduced unilaterally by the employer had increased by 631.89 per cent compared to the year 2010. Approximately 300 complaints were lodged with the Office of the Ombudsperson concerning discrimination against female workers in the private sector, and the Office of the Ombudsperson observes that women were exposed to indecent conditions of work, especially during pregnancy and after childbirth. In 2011, discrimination related to pregnancy and childcare leave was recorded as the most prominent form of discrimination (about 42.46 per cent and 21.79 per cent, respectively, of total complaints concerning discrimination). The Committee further notes that the strategic objectives of the National Programme for Substantive Gender Equality 2010–13 include the support of women’s employment and economic autonomy. The Government indicates that, under the operational programme “Human Resources Development” 2007–13, a project aims at the promotion of employment for unemployed women with an emphasis on the reduction of occupational segregation, targeting 7,000 unemployed women. In July 2012, overall unemployment was 25.1 per cent, with 29.0 per cent female unemployment (Eurostat data). However, the Committee recalls the information received from the Office of the Ombudsperson during the high-level mission that a large number of women had joined the ranks of the “discouraged” workers who are not accounted for in the statistics. The Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsperson, to monitor the evolution and impact of the austerity measures on equality of opportunity and treatment in private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of work, and security of employment. To this end, the Committee asks the Government to continue to provide information on the following:

• (i) statistical data, disaggregated by sex, on the number of workers employed in full-time and part-time employment and on the number of workers who have had their working arrangements changed (into part-time work, rotation work, etc.). Please indicate in this regard the number of workers whose full-time contracts have been unilaterally converted by the employer into contracts for reduced-term rotation work; and
• (ii) statistical data, disaggregated by sex, showing an evolution of employment in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected.

Impact of the measures with respect to other grounds of discrimination. The Committee recalls Act No. 3304/2005 on the “Implementation of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation”, protecting against discrimination on these grounds in employment and occupation. The Committee also recalls the Integrated Action Plan for the social integration of vulnerable groups (Roma and Greek Muslims), and the Integrated Action Plan for the integration of third-country nationals legally residing in the Hellenic territory (2007–13). The Committee notes the Government’s indication that the objectives of the National Strategy on Roma Integration 2012–20 include developing a supportive network of social intervention in areas including employment and education, and developing social dialogue and consensus through social empowerment and participation of the Roma themselves. According to the Government, the objectives specify that (i) the number of Roma children who register at schools and attend compulsory education should be increased by 2020; and (ii) undeclared work should be reduced, accessibility to the labour market increased and entrepreneurship especially for young Roma strengthened by 2020. In addition, a few actions have been planned under the operational programme “Human Resources Development” targeting the Roma. The Government further indicates that the Ministry of the Interior has prepared a draft national programme for the social integration of the Roma. The Committee also notes the Government’s indication that the programmes under “Complete integration of all human resources in a society of equal opportunities” aim at creating jobs for almost 20,000 unemployed persons who belong to vulnerable social groups, including immigrants, repatriates, refugees and individuals with religious and cultural particularities. The Government indicates that in 2010 Greek language learning programmes in certified vocational training centres were implemented, targeting the unemployed, including immigrants and refugees. The Committee further notes that the Annual Report of the Office of the Ombudsperson 2010 points out that the issue of “irregular immigrants” and asylum seekers dominated with increasing intensity; vulnerable groups, such as immigrants or Roma, are affected both directly (by decreasing possibilities or opportunities for survival) and indirectly, as the rest of the population feels insecure and is looking for scapegoats, and as the administration rearranges its priorities according to purely logistical considerations. The Office of the Ombudsperson proposed that immediate steps be taken for recognition of special residence status of the “undocumented” immigrants, as well as for registration and secured employment. The Committee asks the Government to indicate the impact of the austerity measures on the employment situation of ethnic and religious minorities such as Roma and Greek Muslims as well as migrant workers who are particularly vulnerable to the impact of the economic crisis, and to indicate the specific measures taken and the progress achieved in this respect. Please also provide information on the impact of the programmes under “Complete integration of all human resources in a society of equal opportunities” on ensuring equal opportunity and treatment in employment and occupation, and any other specific measures taken or envisaged, including those in cooperation with the social partners and the Office of the Ombudsperson, to address discrimination against certain minorities, including Roma and Greek Muslims, as well as migrant workers, on the grounds of the Convention.

Enforcement. The Committee recalls that Act No. 3896/2010 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation: (i) defines direct and indirect discrimination, and sexual harassment at the workplace; and (ii) mandates the Office of the Ombudsperson to monitor and promote the implementation of the principle of equal opportunities and treatment between men and women in employment and occupation in the public and private sectors, including with the collaboration of the labour inspectorate and the social partners. The Committee notes the statistical data in 2010 provided by the Government on violations of Act No. 3488/2006 and Act No. 1483/1984, including the number of complaints and labour disputes, as well as the outcome of the cases. There were two complaints and two labour disputes for discrimination on the ground of sex, and six complaints and six labour disputes concerning sexual harassment. In this connection, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), concerning the priority to be given to non-discrimination in the context of the labour inspection. The disproportionate impact of the crisis on women is reportedly exacerbated by the inability of the labour inspectorate to effectively address equality cases; delays in the administration of justice also discourage workers from having recourse to the courts. The Committee notes the Government’s indication that, in the context of “awareness and training schemes for the entire public administration and local government in gender equality issues”, the Government provides training concerning gender equality issues targeting 453 labour inspectors in the country. The Committee asks the Government to continue to provide information on the progress made as well as the obstacles encountered in monitoring and enforcing effectively the application of the non-discrimination and equality legislation. The Committee also asks the Government to provide information on the impact of the activities of the Office of the Ombudsperson, including those in collaboration with the labour inspectorate and the social partners, in promoting and ensuring the application of the Convention. The Committee also asks the Government to provide detailed statistics on the nature and number of violations of the non-discrimination and equality legislation detected by the labour inspectorate based on the grounds of the Convention, as well as complaints handled by the Office of the Ombudsperson and the courts. Please continue to provide information on the training provided for law enforcement officials and the labour inspectorate, and its impact on monitoring and enforcing effectively the principle of the Convention.

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 16 May 2011. The Committee also notes 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 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 Discrimination (Employment and Occupation) Convention, 1958 (No. 111). 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 takes note of the report of the high-level mission 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. Further to its observations on the Equal Remuneration Convention, 1951 (No. 100), the Committee recalls that in its 2010 communication the GSEE had expressed the view that the reforms introduced by the measures taken in the framework of the support mechanism have a direct impact on the application of Convention No. 111 and are likely to lead to an increase in multiple discrimination on the grounds of gender, ethnic or racial origin, age, family responsibilities or disability. The Committee notes that in its 2011 communication the GSEE expresses concerns that following new legislative reforms the minimum protection level of some workers is being significantly weakened while the risk of abusive practices against them has increased particularly for working women and workers with family responsibilities, workers in flexible forms of employment, and workers not protected by labour law, including domestic workers and workers in agricultural undertakings. The Committee refers to its comments on Convention No. 100 regarding detailed information noted by the high-level mission on the range of legislative measures taken prior to and in the framework of the support mechanism since March 2010.

Articles 2 and 3 of the Convention. Equality between men women in the public sector. The Committee notes that the abovementioned measures have a major impact on employment in the wider public sector, froze new recruitment in the core public sector and reduced recruitment on the basis of private law contracts and external collaboration contracts. The Committee notes that according to the information received from the Office of the Ombudsman during the high-level mission, of the 770,000 employees in the wider public sector registered in a recent census, the vast majority were women. The high-level mission also noted that the Government has announced the dismissal of 30,000 public employees and that this measure was likely to have a high impact on female unemployment. Regarding Act No. 3986 of 1 July 2011 and Act No. 4024 of 27 October 2011 introducing and further defining the system of “labour reserve” as a form of retrenchment in the core and wider public sector, the Committee refers to its comments on Convention No. 100 and notes that this measure is also likely to have an impact on female unemployment, in particular public sector employees with family responsibilities. The Committee further notes that from the report of the high-level mission, that Act No. 4024 of 27 October 2011 introduced a new public service statute and a new job classification. Recalling that pursuant to Article 3(d) of the Convention the Government is required to implement equality of opportunity and treatment between men and women in respect of employment under the direction of a national authority, the Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to monitor closely the impact of the measures taken in the framework of the support mechanism on male and female employment in the public sector, so as to address any direct or indirect discrimination based on sex. To this end, the Committee also asks the Government to provide information, disaggregated by sex, on employment in the various occupations of the core and wider public sector, with an indication of the number of male and female workers that have been placed in the labour reserve, the number of dismissals, and the sectors most affected. The Committee also asks the Government to provide further details on the new public service statute.

Equality between men and women in the private sector. The Committee recalls that Act No. 3846 of 11 May 2010 on “financial management and responsibility” institutionalizes a range of flexible forms of employment while providing certain safeguards. The Committee refers to its comments on Convention No. 100 in which it already noted the exponential growth of part-time work and the significant increase in rotation work after Act No. 3846/2010, especially the dramatic increase of the number of full-time contracts of employment that have been unilaterally converted by the employer into rotation contracts. The number of cases of workers already in a job having their working arrangements changed had increased by 110 per cent. The Committee notes from information provided by the Office of the Ombudsman during the high-level mission that women, especially pregnant women and mothers, were very much affected by the recent legislative measures introduced in order to increase flexibility in the labour market, especially measures enabling employers to unilaterally convert full-time contracts into contracts for reduced-term rotation work. The law provided for consultations with the workers but this did not appear to have taken place in practice. The Committee also refers in this regard to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Office of the Ombudsman had also observed, since May 2008, a constant and dramatic increase of complaints concerning unfair dismissals due to pregnancy or maternity leave and sexual harassment. The Committee further notes from the report of the high-level mission and that on 9 November 2011 overall unemployment was at 16.7 per cent, with 20.3 per cent female unemployment and 42.9 per cent youth unemployment (Eurostat data). However, according to the information received from the Office of the Ombudsman during the high-level mission a large part of women had joined the ranks of the «discouraged» workers who are not accounted for in the statistics. Small and medium-sized enterprises (SMEs), which constituted an important source of female and youth employment, had been closing down on a massive scale. The Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to monitor the evolution and impact of the austerity measures on equality of opportunity and treatment in private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of work, and security of employment. To this end, the Committee asks the Government to provide information on the following:

• (i) statistical data, disaggregated by sex, on the number of workers employed in full-time and part-time employment and on the number of workers who have had their working arrangements changed (into part-time work, rotation work, etc.). Please indicate in this regard the number of workers whose full-time contracts have been unilaterally converted by the employer into contracts for reduced-term rotation work;
• (ii) statistical data, disaggregated by sex, showing an evolution of employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected.

Impact of the measures with respect to other grounds. The Committee recalls Act No. 3304/2005 on the “Implementation of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation”, protecting against discrimination on these grounds in employment and occupation. The Committee also previously noted the Integrated Action Plan for the social integration of vulnerable groups (Roma and Greek Muslims), and the Integrated Action Plan for the integration of third-country nationals legally residing in the Hellenic territory (2007–13). The Committee hopes, however, that the Government will make every effort to ensure that the action taken and progress achieved to promote equality of opportunity and treatment of certain religious or ethnic minorities such as Roma and Greek Muslims as well as migrant workers, will not be adversely affected, and asks the Government to monitor carefully the impact of the austerity measures on the employment situation of ethnic and religious minorities as well as migrant workers who are particularly vulnerable to the impact of the economic crisis, and to indicate the specific measures taken in this regard. Please also provide information on the specific measures taken or envisaged, including those in cooperation with the social partners and the Office of the Ombudsman, to address discrimination against certain minorities, including Roma and Greek Muslims, as well as migrant workers, on the grounds of the Convention.

Enforcement. The Committee recalls the need for effective enforcement of the legislation applying the Convention. The Committee notes from the information provided by the Government that with respect to gender equality, Act No. 3896/2010 replaces the previous legislation (Act No. 3488/2006 and Act No. 1414/1984) and establishes a new regulatory framework regarding equality of opportunity and treatment between men and women in employment and occupation. The Committee welcomes that the mandate of the Office of the Ombudsman (Gender Equality Department) to monitor and address gender discrimination in the public and private sector has been strengthened, including the collaboration with the labour inspectorate and social partners. The Office of the Ombudsman also has the mandate to continue its mediation efforts on complaints related to gender discrimination cases which are pending before the courts. The Committee notes, however, from the information received during the high-level mission that while the labour inspectorate is entrusted with the supervision of the legislation on equality between men and women (section 2(2)(g) of Act No. 3996) the disproportionate impact of the crisis on women is reportedly exacerbated by the inability of the labour inspectorate to effectively address equality cases; delays in the administration of justice also discourage workers from having recourse to the courts. With respect to Act No. 3304/2005, the Committee recalls that the Office of the Ombudsman examines complaints for alleged violations of the principle of equal treatment by public services, while the labour inspectorate monitors the implementation of the Act in the fields of occupation and employment, with respect to cases other than those falling within the competence of the Office of the Ombudsman. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81) noting that the labour inspectorate appears to be primarily focused on detecting undeclared work (social security contribution collection), while more priority should be given to non-discrimination. The Committee asks the Government to provide data on the progress made as well as the obstacles encountered in monitoring and enforcing effectively the application of the national non-discrimination and equality legislation. The Committee also asks the Government to provide information on the specific activities of the Office of the Ombudsman, including those in collaboration with the labour inspectorate and the social partners, to promote and ensure the application of the Convention. The Committee also asks the Government to provide detailed statistics on the nature and number of violations of the national non-discrimination and equality legislation detected by the labour inspectorate based on the grounds of the Convention, as well as complaints handled by the Office of the Ombudsman and the courts. Noting that the Office of the Ombudsman is to publish data on the impact of the crisis in its 2011 report to be issued in January 2012, the Committee asks the Government to provide a copy of the report which it hopes will contain full information on the impact on discrimination and equality in employment and occupation and on obstacles encountered in effectively enforcing the legislation and the principles of the Convention.

[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 takes note of the Government’s report received on 18 November 2009 concerning the developments which had taken place until 31 May 2009.

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 its comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that in the view of the GSEE, the reforms introduced by the abovementioned measures have a direct impact on the application of Convention No. 111 and are likely to lead to an increase in multiple discrimination on the grounds of gender, ethnic or racial origin, age, family responsibilities or disability.

The Committee recalls its observation and direct request of 2008 addressing issues relating to the position of women in the various sectors and occupations in the public and private sectors, measures to address vertical and horizontal occupational segregation based on sex, women’s equal opportunity and treatment in respect of admission to the police service, measures aimed at fostering equality of opportunity and treatment of vulnerable groups, in particular the Roma and Greek Muslims, measures to promote the application of the Convention through tripartite cooperation, and the effective enforcement of the equality legislation.

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Measures to ensure and promote equality of opportunity and treatment irrespective of race, national extraction and religion. The Committee notes the adoption of the Integrated Action Plan for the social integration of vulnerable groups (Roma and Greek Muslims) for the period
2006–08, which includes, inter alia, the provision of vocational training to the unemployed under both the Training–Employment Operational Programme and the Regional Operational Programme, Greek language training, and subsidies for the creation of jobs. The Committee notes that some 2,838 persons belonging to the Roma or Muslim communities benefited from the Operational Programme between 2000–06. The Committee also notes the initiatives carried out under the Equal Initiative of the European Social Fund facilitating access and return to the labour market of vulnerable groups and combating racism and xenophobia in the labour market. The Committee further notes the adoption of the Integrated Action Plan for the integration of third-country nationals legally residing in the Hellenic territory 2007–13 which focuses, among other things, on ensuring access of third-country nationals to employment and education. The Committee requests the Government to continue to supply information on the specific measures taken or envisaged under the abovementioned programmes aimed at fostering equality of opportunity and treatment of vulnerable groups, in particular the Roma and Greek Muslims. The information should indicate the impact of the specific measures and include particulars of the number of persons from these groups who have benefited from the various measures. Please also provide statistical information on the participation of vulnerable groups in the labour market.

Article 3(a). Cooperation with workers’ and employers’ organizations and other appropriate bodies. The Committee notes that on 3 July 2007, the Economic and Social Committee adopted its 2006 Equal Treatment Report on the application of the principle of equal treatment. The report, inter alia, puts forward proposals concerning training and awareness raising on equal treatment issues and the need to review certain aspects of the legislation in order to ensure conformity with the principle of equal treatment (e.g. regarding the recruitment of civil servants and social security). The Committee also notes that the General Secretariat for Equality and the representative employers’ organizations concluded a Protocol of Cooperation to promote equality of men and women in the private sector. The Committee requests the Government to provide information on the measures taken to follow-up on the recommendations contained in the 2006 Equal Treatment Report of the Economic and Social Committee, as well as on the specific activities implemented under the Protocol of Cooperation mentioned above. Please also provide information on any other initiatives promoting the application of the Convention through tripartite cooperation.

Part III of the report form. With regard to the implementation of Act No. 3304/2005 on the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation, the Committee notes that in 2005 the Ombudsperson received 26 complaints. In 2006, the Ombudsperson investigated 40 complaints under the Act. According to the Government’s report, no complaints were received by the Labour Inspectorate which, under the Act, is competent to examine complaints, regarding the private sector. The Committee requests the Government to provide information on the number, nature and outcome of any complaints processed or investigations undertaken by the Ombudsperson and the Labour Inspectorate in relation to Act 3304/2005. It also reiterates its request for a copy of the equality sections included in the latest annual labour inspection report as well as for information on any cases regarding equality of opportunity and treatment in employment and occupation dealt with by the courts.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the adoption of Act No. 3488/2006 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. The Committee notes that the Act prohibits any form of direct and indirect discrimination on the basis of sex, including marital status, in employment and occupation. The Act also defines and prohibits sexual harassment. The Greek Ombudsperson, who is charged with monitoring the application of the Act in the private and public sector, received 11 complaints in 2006. As regards application in the private sector, the Act provides for cooperation between the Ombudsperson and the Labour Inspectorate. The Committee requests the Government to provide information on the implementation of Act No. 3488/2006 in practice, including indications as to the number, nature and outcome of the cases decided by the Ombudsperson and the courts, as well as more detailed information on the cooperation between the Ombudsperson and the Labour Inspectorate. In addition, the Committee requests the Government to consider publicizing the new legislation widely and to indicate any measures taken to this end.

Articles 2 and 3. Measures to promote and ensure gender equality in employment and occupation. The Committee notes from data for the first quarter of 2008 published by the General Secretariat for Equality that the women’s employment rate is considerably lower than men’s (47.9 per cent compared to 74.6 per cent for men), while the women’s unemployment rate is more than double that of men (12.4 per cent as compared to 5.6 per cent for men). According to ILO data for 2006, only 26.5 per cent of the people in the occupational category of “legislators, senior officials and managers” were women. Some 12 per cent of the total of employed men held positions in this occupational category, compared to a rate of 7 per cent among women. The statistical information provided by the Government concerning the participation of men and women in public employment, indicates that women remain under-represented in public service and among employees of local self-government authorities. The Committee requests the Government to provide detailed information on the position of men and women in private and public sector employment, as well as on the measures taken to ensure and promote gender equality in the labour market, and the results achieved by such action. In this regard, please continue to provide information on the specific measures taken to address vertical and horizontal occupational segregation based on sex, and the results secured by such action.

Articles 1, 2 and 3(d). Access of women to employment in the police. The Committee recalls its previous comments concerning Presidential Decree No. 90 of 7 April 2003, which sets out height and athletic requirements for admission to the police academy. The Committee noted that while these requirements apply equally to men and women candidates, they may amount to indirect discrimination based on sex. In this regard, the Committee asked the Government to provide information on the impact of the said requirements on the number of women candidates accepted to the police academy. The Committee notes that the Government has not provided the information requested. It is nevertheless aware that according to a Diversity Audit of the Greek Police, carried out in 2004 in the context of the European Community action programme to combat discrimination, the number of women accepted in the police academy reportedly fell from 174 in 2002 to 129 in 2003.

In its report, the Government maintains that the requirements established by Decree No. 90 were necessary to ensure that police staff could perform their duties successfully. However, the report also states that the said requirements have been challenged in the Athens Administrative Court of Appeals. In six cases, the Court found that the common height requirement was incompatible with the constitutional principle of equality because it unjustifiably equates men and women candidates, despite anatomical differences between them. Appeals lodged by the Minister of Public Order regarding these cases were pending before the State Legal Council. Expressing concern that Decree No. 90 of 2003 appears to have the effect of impairing women’s equality of opportunity and treatment in respect to admission to the police academy and, subsequently to employment in the police service, the Committee requests the Government to provide further information substantiating its view that the uniform height and athletic requirements for men and women set by the Decree are necessary to ensure the functioning of the police service. In this regard, the Committee requests the Government to indicate whether any scientific studies have been carried out on this matter. In addition, the Committee requests the Government to provide information on the outcome of the proceedings before the State Legal Council concerning the constitutionality of Decree No. 90.

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

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

1. Article 1, paragraph 1(a), of the Convention. Discrimination on the ground of sex. The Committee notes from the Government’s report that efforts are under way to harmonize national law with the provisions of European Union Directive 2002/73/EC amending Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. Recalling point 1 of its previous direct request, the Committee notes that this legislative initiative is also intended to include provisions on sexual harassment. The Committee requests the Government to provide information on the progress made in adopting legislative amendments concerning gender equality in employment and occupation, including provisions on sexual harassment. The Committee also requests the Government to continue to provide information on any practical measures taken by it or the social partners to address and eliminate sexual harassment in the workplace.

2. Article 2. Measures to promote equality of opportunity and treatment irrespective of race, national extraction and religion. The Committee notes the detailed information provided by the Government on the different programmes pursued to promote access to education, vocational training, and employment of persons belonging to vulnerable social groups that are particularly affected by unemployment, including the Roma and the Muslim minority of Thrace. It particularly notes the Government’s indication that an “integrated intervention in favour of persons belonging to cultural and religious groups” is being implemented which is expected to cover a total of 1,880 persons belonging to the Roma and Muslim communities. The Committee requests the Government to continue to provide detailed information on the measures taken to promote the access of ethnic and religious minorities, including the Roma and the Muslim minority of Thrace, to vocational training and employment. Drawing the Government’s attention to the need to monitor the impact of these programmes on a continuing basis, the Committee requests the Government to continue to provide indications on the number of persons from these groups that have benefited from the various measures, as well as on the number of persons concerned that have successfully been integrated into the labour market. Finally, the Committee asks the Government to continue to provide information on the measures taken or envisaged to combat racism and racial discrimination in the world of work.

3. Article 3(a). Cooperation with workers’ and employers’ organizations and other appropriate bodies. The Committee notes that a national coordinating team has been set up in the context of the European anti-discrimination campaign, which includes representatives from workers’ and employers’ organizations, as well as NGOs. The team has developed a national action plan against discrimination. The Committee also notes that the Economic and Social Committee is mandated under section 18 of Law No. 3304/2005 to issue an annual equal treatment report and to make proposals to the Government and social partners concerning non-discrimination. The Committee requests the Government: (1) to continue to provide information on the activities undertaken under the auspices of the national coordinating team with a view to combating discrimination in employment and occupation; (2) to provide information on the work of the Economic and Social Committee relevant to the application of the Convention, including a copy of its first annual report on equal treatment and any recommendations made concerning equality of opportunity and treatment in employment and occupation; and (3) to supply information on any other initiatives promoting the application of the Convention through tripartite or bipartite cooperation.

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

1. Discrimination on the ground of sex. Recalling its previous observation concerning the access of women to the police academies and to employment in the police force, the Committee thanks the Government for providing the text of Presidential Decree No. 90 of 2003. It notes that the Decree amends the requirements for admission to the police academies contained in Presidential Decree No. 4 of 1995. Section 2(1)(f) of Decree No. 4, as amended by Decree No. 90, reads as follows: “They (men and women) shall be at least 170 cm tall without shoes.” Further, Decree No. 90 introduces new athletic performance requirements that apply equally to men and women candidates. The Committee notes that the new admission requirements, particularly the height requirement, are likely to be more difficult for women to comply with than men, and thus may amount to indirect discrimination on the ground of sex, except if they could be justified under Article 1, paragraph 2, of the Convention which allows for certain distinctions, exclusions or preferences in respect of a particular job within the police force based on the inherent requirements thereof. The Committee, therefore, reiterates its previous request to the Government to provide information on the practical impact of the admission requirements established in Decree No. 90 of 2003 on the admission of women to the police academies and their employment in various jobs in the police force, including information on the number of women and men admitted to the police academies since the entry into force of Decree No. 90, as compared to the previous situation, when a specific limiting quota for women had been applied. The Committee further requests the Government to indicate whether the new admission requirements have been challenged in court and, if so, to indicate the results of such proceedings. With reference to its previous comments, the Committee also requests the Government to clarify whether the quota system concerning women’s admission to the fire brigade has been abolished and whether similar restrictions of women’s employment continue to exist in any other area of public employment.

2. Articles 2 and 3. Measures to promote and ensure gender equality in employment and occupation. In its previous comments the Committee was able to note a number of initiatives and programmes to promote women’s equal access to vocational training and employment and requested the Government to supply information on the effectiveness of these activities in addressing occupational segregation by gender. With respect to the application of the Convention in the public service, the Committee requested the Government to indicate the measures taken or envisaged to promote the access of women to higher graded jobs and to assist them in reconciling their work and family responsibilities, and to provide up to date statistical information on the participation of men and women in public service employment that would enable the Committee to assess the progress made in promoting women’s equal access to civil service employment at all grades. Noting that the Government’s report contains no reply to these comments, the Committee reiterates its request to the Government to provide the information requested. Recalling the obligation to report on the action taken in pursuance of the national policy to promote equality of opportunity and treatment and the results secured by such action (Article 3(f)), the Committee also hopes that the Government’s future report will contain full information on the measures taken to promote and ensure gender equality in employment and occupation, and the impact of such measures.

3. Discrimination based on other grounds. Legislative developments. The Committee notes with interest the adoption of Law No. 3304/2005 on the application of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age, or sexual orientation, which is intended to implement European Union Directives 2000/43/EC and 2000/78/EC. The new legislation, inter alia, requires private and public employers to respect the principle of equal treatment in employment and occupation. Under the legislation, the Ombudsperson is responsible for promoting the principle of equal treatment in public employment, including through the examination of complaints, while the Labour Inspectorate is responsible for dealing with violations in private sector employment. The Government’s report states that the Labour Inspectorate is mandated to inform workers of their rights, to undertake investigations on its own motion, and to examine complaints. Violations of the principles of equal treatment are an administrative offence (section 17 of Law No. 3304/2005) and subject to fines. Finally, the Committee notes the Government’s indication that the Labour Inspectorate must include a special chapter on equal treatment in its annual activity report. The Committee requests the Government to provide detailed information on the implementation and enforcement of Law No. 3304/2005. It particularly wishes to receive information on the activities carried out by the Ombudsperson and the Labour Inspectorate, including a copy of the equality sections of future annual labour inspection reports, as well as indications as to the number, nature and outcome of any complaints processed or investigations undertaken. The Committee also asks the Government to provide information on any cases regarding equality of opportunity and treatment in employment and occupation dealt with by the courts under the new legislation.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee refers to its general observation of 2002 and reiterates its request to the Government to continue to provide information on any legislative developments as well as other measures taken or envisaged to combat sexual harassment in the workplace. Please also indicate whether any steps have been taken by the social partners to include more specific anti-sexual harassment provisions in the national collective agreements.

2. Articles 1 and 2. Anti-discrimination legislation. The Committee notes from the Government’s report to the European Commission against Racism and Intolerance (ECRI (2004) 24) that a Bill has been developed outlawing direct and indirect discrimination in all fields, including employment, and introducing certain mechanisms aimed at punishing discrimination. The Committee hopes that the Bill will take into account the provisions of the Convention and asks the Government to supply information on any developments with respect to its adoption.

3. Article 2. Measures to implement the national policy as regards equality between men and women. In its previous comments the Committee had noted the numerous activities to promote women’s access to employment and vocational training, including the "EQUAL" initiative and the "OLYMPIAS" programme as well as the positive measures on equality, training of labour inspectors and legislative regulation under the National Action Programme on Equality, and had requested information on the impact of these initiatives on the marked gender division in certain sectors of employment and on the promotion of equality between men and women in employment and occupation. The Committee notes the enumeration in the Government’s present report of the various programmes, in particular the Community Support Framework Programmes, to promote women’s entrepreneurship and their access to vocational training and guidance, distance learning and employment. While appreciating this information, the Committee must point out that in the absence of any evaluation by the Government on the effectiveness of these and other programmes previously mentioned as to the employment of women in a wider variety of jobs and occupations, including in sectors primarily dominated by men, it is unable to monitor and assess the progress made under the Convention. The Committee, therefore, strongly encourages the Government to undertake such an evaluation and to provide information on the progress made in its next report.

4. Measures to implement the national policy as regards race and national extraction. In its previous comments the Committee had noted the various programmes such as EQUAL, the Community Initiation Programme "EMPLOYMENT" and the Operational Programme "Fighting Social Exclusion in the Labour Market" aimed at the social and economic integration of immigrants, refugees, repatriated people, as well as the Roma in the labour market. While appreciating these initiatives, the Committee was nevertheless interested in the reasons for the relatively low level of success of some of these programmes, and any measures taken to increase the number of men and women belonging to these groups that find employment. The Committee notes in this regard that the Government enumerates in its present report the various actions planned or taken by the General Secretariat of Adult Education to integrate immigrants, refugees, repatriated people, Roma and other socially excluded groups in the labour market through adult education and vocational training. Noting also from the ECRI report that the Government has drawn up a new Integrated Action Programme for Greek Roma for the period 2003-08 which covers, among others, employment, vocational training and education, the Committee hopes that the Government will be in a position to provide an evaluation of progress achieved in the programme in its next report and to provide information on the specific activities, and the results achieved, carried out under the Integrated Action Programme programmes, including initiatives to increase the level of awareness at the local level of the discrimination on the basis of race and national extraction.

5. Measures to implement the national policy as regards ethnic origin and religion. The Committee notes from the ECRI report that the Muslim minority in western Thrace, most of whom identify themselves as of Turkish origin, are facing problems with respect to access to employment. The report also indicates that children from the Muslim community appear not to have the same chances in succeeding in the education system which has repercussions on subsequent employment opportunities. The Committee notes that the Government has introduced a programme aimed at promoting equal opportunities in access to employment for members of the Muslim minority and that private initiatives have focused on access to employment for Muslim women who are particularly disadvantaged. It asks the Government to provide information: (i) on the number of men and women that have participated in the programmes and the impact on their employment situation; and (ii) the measures taken or contemplated to increase the chances of girls and boys from the Muslim community in succeeding their education.

6. Article 3(d). Access of women to the public service. The Committee notes from the statistics provided by the Government for the year 2000 that the number of women holding managerial posts has increased by 3.4 per cent and that participation rate of women in the highest posts of director general was about 30 per cent. By contrast, the statistical data for the same year on permanent employees in local government administrations show, on the one hand, that women only held 16.4 per cent of the directors posts and, on the other hand, that the primary education graduates hired or promoted in grades B and C - the highest grades for primary education graduates - were primarily men (with female primary education graduates occupying only 6 and 9 per cent respectively of the posts in grades B and C). The Committee notes the Government’s statement that family responsibilities and the previously imposed mandatory retirement for women after 15 years of service have been the main reasons for women not to apply for higher graded posts. The Committee, therefore, recalls the importance of promoting measures to facilitate reconciliation of work and family responsibilities in order to promote application of the Convention. It requests the Government to indicate the specific measures taken or envisaged to promote the access of women to higher graded posts in the public sector and to assist them in reconciling their work and family responsibilities. Please also provide more recent data on the employment of men and women so as to enable the Committee to assess the progress made over subsequent years.

7. Article 5. Affirmative action. The Committee notes the absence of a reply by the Government with respect to its previous comments on the application of article 116(2) of the Constitution regarding the adoption of positive measures for promoting equality between men and women, and the relevance of the case law of the Council of State regarding such positive measures to acts that are discriminatory on the basis of race, colour, descent, national or ethnic origin. It, therefore, reiterates its previous requests to the Government to supply information on any positive measures taken with a view to achieving equality in employment and occupation not only between men and women but also with respect to the other grounds covered by Convention No. 111.

8. Part IV of the report form. Enforcement. The Committee reiterates its request to the Government to provide information on: (1) any activities undertaken by the National Human Rights Commission to combat discrimination on the basis of race, national extraction and religion; and (2) any complaints received by the ombudsman or judicial decisions that throw light on the application of the national policy to promote equality in employment and occupation with respect to these particular grounds. Please also provide information on any application of circular order 94345/14612 concerning the application of Act No. 2910/2001 with respect to cases of racial discrimination in employment and occupation.

9. Part V of the report form. Information on practical application. Please provide copies of collective agreements for the public service which have been adopted in application of Act No. 2738/1999, and copies of collective agreements applicable to the private sector

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 3(c) of the Convention. Repeal of legislative provisions discriminating on the basis of sex. The Committee notes with satisfaction the adoption of Act No. 3103 of 2003, section 20 of which provides that section 1(2)(a), paragraphs 2, 3 and 4 of Act No. 2226 of 13 December 1994, as amended by section 12 of the Act No. 2713 of 1999, imposing restrictions on women’s admission to the police academies have been replaced by the following: "Both men and women are admitted to the academies concerned and the qualifications and preliminary tests of the candidates will be the same for both sexes."

2. The Committee further notes the information in the Government’s report that Presidential Decree 90/2003 determines a single basis for the candidates’ athletic tests and a minimum height limit of 1.70 meters (regardless of sex) for admission. The Committee asks the Government to provide a copy of Decree No. 90/2003 and to keep it informed of the practical impact of this Decree on the admission of women in the police academies and their employment in the various jobs in the police and fire brigade.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report and in reply to paragraph 9 in its previous direct request.

1. Discrimination based on sex. Further to its previous comments concerning the number of women in high-level posts in the national and regional public service, the Committee notes that the statistics provided by the Government for the years 1997-99 indicate a significant decrease of the total number of women heads of sections in ministries (from 38.4 per cent in 1997 to 28 per cent in 1999); this trend was even more significant in the regions where the percentage of women heads of sections decreased from 26.6 per cent in 1997 to 5.6 per cent in 1999. The Committee encourages the Government to continue to provide statistical data on the employment of men and women in the public service and requests the Government to indicate any measures taken or envisaged to remedy this trend in the public service.

2. The Committee notes the various activities undertaken and progress made in the context of the employment of women. It also notes in particular that subprogramme 4 of the new initiative "EQUAL" includes: measures to reconcile family and professional life; skills upgrading for women who have been absent from the labour market; special action programmes to suppress stereotypes about gender roles, to promote women at the management level and measures to find job opportunities for women in new economic sectors. While recognizing the importance of these initiatives, the Committee must point out that the Government’s report does not provide any specific information on how these efforts have positively impacted on the very marked division between sectors of employment which are traditionally considered to be male and those considered to be female. It therefore hopes that the Government will provide such information, including statistics, in its next report. The Committee would also be grateful if the Government could provide information on how the activities of the regional equality commissions established as a result of the "OLYMPIAS programme" have impacted on the labour market position of women in the regions concerned.

3. The Committee also notes the various actions contemplated under the comprehensive National Action Programme on Equality of the Interministerial Commission on Gender Equality in 2000, especially those related positive measures with respect to equality of opportunity in small and large enterprises; training and sensitization of labour inspectors; and legislative regulation where conformity with EU directives is required (including sexual harassment). It requests the Government to provide information on the impact of these actions on the promotion of equality between men and women in employment and occupation.

4. Sexual harassment. The Committee notes the information provided by the Government that the provisions of the National General Collective Labour Agreements of 1993 and 2000-01 allow for protection against sexual harassment in the workplace. The Government also indicates that since 11 June 2001 a political agreement exists with respect to the draft Directive proposed by the European Parliament and the European Council, modifying European Council Directive 76/207/CEE, which defines sexual harassment as a discriminatory treatment based on sex, and with which national legislation has to be harmonized within the set delay. The Committee would be grateful if the Government would keep it informed of any legislative developments as well as any other measures taken or envisaged to combat sexual harassment in the workplace. It also requests the Government to indicate whether it has taken any steps to encourage the social partners, in the light of the draft Directive, to include more specific anti-sexual harassment provisions in national collective agreements. Please refer to the general observation under Convention No. 111.

5. The Committee notes the information provided in the Government’s report with respect to the complaints examined by the Office of the Ombudsman concerning alleged sex discrimination as well as the various activities undertaken by the National Human Rights Committee. However, since the information provided primarily concerns cases and activities related to discrimination based on sex, the Committee would be grateful if the Government could provide information on: (1) any activities undertaken by the National Human Rights Commission to combat discrimination on the basis of other grounds covered by the Convention such as race, national extraction and religion; and (2) any complaints received by the Ombudsman or judicial decisions that throw light on the application of the national policy to promote equality in employment and occupation irrespective of these particular grounds. In this context, the Committee also notes with interest that circular order 94345/14612 concerning the application of the Act No. 2910/2001 of 2 May 2001 on the entry and stay of foreigners on Greek territory - Acquisition of Greek nationality and other provisions provides for the punishment of acts of racism and xenophobia. The Committee would be grateful if the Government could keep it informed of any application of this circular with respect to cases of racial discrimination in the field of employment and occupation.

6. The Committee notes that subprogramme 1 of "EQUAL" aims to promote access to and re-entry for victims of discrimination into the labour market and to combat racism and xenophobia in the labour market. It also notes that the Government indicates that in order to address possible problems for admission of Roma children in schools, circular orders have been sent to direction heads of primary education and other educational officers which offer incentives and recommendations to sensitize and inform and cultivate a spirit of collaboration with the local authorities and the parents of Roma and other children. The Committee further notes from the Government’s report that through the Community Initiation Programme "EMPLOYMENT" and the Operational Programme "Fighting Social Exclusion in the Labour Market", respectively 18 per cent and 54 per cent of the immigrants, refugees and repatriated people as well as people representing particular religious and cultural groups have been integrated in the labour market. Accordingly these programmes have been a means to sensitize and motivate the social partners to ensure equal opportunities in employment, independent of sex, religion, race and political belief. While encouraging the Government to continue such initiatives, the Committee is interested to know the reasons for the relatively low level of success of these programmes, especially the Community Initiation Programme "EMPLOYMENT", and to provide information on the measures taken or envisaged to increase the percentage of men and women belonging to these groups that have been integrated in the labour market. It would also be grateful if the Government could provide more details on the impact of the abovementioned initiatives on the level of awareness at the local level of the discrimination on the basis of race and national extraction, in particular discrimination against Roma, and on the specific actions undertaken by the social partners as a result of this increased awareness.

7. Further to its observation with respect to article 116 of the new Constitution, the Committee notes the Government’s statement in its report submitted to the Committee on the Elimination of All Forms of Racial Discrimination (CERD/C/363/Add.4/Rev.1, page 10) that the case law of the Council of State concerning positive measures to promote gender equality (Decisions 1817-1929/1998 and 1933/1998), is also relevant to acts considered discriminatory when they are based on race, colour, descent, national or ethnic origin. The Government indicates that in this case, positive measures taken with a view to achieving not only de jure but also de facto equality is fully consistent with paragraph 1 of article 4 of the Constitution. The Committee welcomes this statement and requests the Government to provide information on any affirmative action programmes taken with a view to achieving equality in employment and occupation with respect to the other grounds covered by Convention No. 111.

8. The Committee notes the Government has omitted to send copies of the collective agreements for the public service which have been adopted in application of Act No. 2738/1999, and requests the Government to include this information in its next report, as well as copies of collective agreements applicable to the private sector.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with interest the adoption of the revised Constitution of 18 April 2001, in particular article 116(2) which provides that "the adoption of positive measures for promoting equality between men and women does not constitute discrimination on the basis of sex" and that "the State shall attend to the elimination of inequalities actually existing, especially to the detriment of women". The Committee looks forward to receiving information on any positive measures taken for promoting equality of opportunity and treatment between men and women with respect to employment and occupation. 

2. In its previous observation, the Committee expressed concern over section 12 of Act No. 2713/1999 respecting the Internal Affairs Service of the Greek police which provided justification for the numerical restrictions imposed by Act No. 2226 of 13 December 1994 concerning the percentage of women admitted to the police school (a maximum of 15 per cent) and the fire brigade school (a maximum of 10 per cent). This meant that 85-90 per cent of the posts outside those for which percentages had been fixed, corresponded to functions which, according to section 12, "require such qualities as physical strength, rapidity and endurance which, by common sense and experience, only men possess in view of their biological characteristics". The Committee was of the opinion that the exclusion of women from 85-90 per cent of the jobs in the police and fire brigade - on grounds that they have not the necessary physical strength and endurance - demonstrated an absence of an in-depth examination of each case on the basis of the individual capacities of applicants and reflects archaic and stereotyped concepts with regard to respective roles and abilities of men and women. The Committee asked the Government to consider removing these restrictions to women and undertake an in-depth re-examination of the "qualities required for a specific job" in the police and fire-brigade services.

3. The Committee notes the Government statement that, following decision 1917/1998 of the State Council, in order to be conform to the Constitution (article 4, paragraph 2, and article 116, paragraph 2) as well as the EU Directive 76/207/CEE, a non-application of the principle of equality between men and women with respect to equal access to employment has to be expressed by a legal provision which states in detail the activities and the tasks concerned and which is established based on common experience and concrete criteria related to the concrete conditions for exercising the posts in question and not to certain posts or activities in general. The Committee notes the explanations by the Government but recalls that the exception of inherent requirements of the job provided under Article 1, paragraph 2, of the Convention has to be interpreted restrictively and that distinctions, exclusions or preferences in respect of a particular job based on the inherent requirements thereof should be determined objectively without reliance on stereotyped thinking and negative prejudices about men’s and women’s roles, and really take into account the individual capacities of each candidate for a specific job, rather than being extended to all the jobs in a sector of activity. It may well be in practice that some women will not be able to satisfy the inherent requirements of particular posts in the fire brigade and the police service. But this is a question that must be answered in the description of the individual post and in the qualifications of the candidates without reliance on absolute exclusions. To maintain such exclusions of women for 85-90 per cent of the posts in the services is not in conformity with the Convention.

4. Noting also with some concern that the complaints submitted to the Office of the Ombudsman, copies of which have been supplied by the Government, concerning equal access of men and women to jobs in the public service indicate a prevailing trend towards the exclusion of women to posts such as cleaners and drivers, the Committee urges the Government to undertake an in-depth re-examination of the concept of the "qualities required for a specific job", as it is currently applied in the police force and fire brigade. It hopes that such an examination will objectively take into account: (a) the essential requirements inherent in each category of jobs designated by name; (b) the competence of the individual assigned to carrying out such functions; and where possible (c) the reasonable adaptations which are necessary (that is, which would not impose an excessive burden in terms of cost or inconvenience for the operation of the institutions concerned) to enable women who so wish to have access to certain functions in the police and the fire brigade. The Committee requests the Government to provide detailed information in its next report on any measures taken or envisaged in this regard and hopes that the Government will consider removal of the above-mentioned restrictions on the employment of women so as to allow all men and women to compete individually for the posts in question. 

The Committee is addressing a request directly to the Government on certain other matters.

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

1.  The Committee notes the statistical information provided by the Government on the increase in the number of women in the national and regional public service in 1997 and notes that, while the number of women heads of directorates in ministries and regions rose from 22.5 per cent in 1996 to 26.4 per cent in 1997, the percentage of women heads of sections remained stable from one year to another (38.4 per cent) and that there were also 33.8 per cent women heads of independent offices in 1997. The Committee requests the Government to continue providing information on the measures taken to promote the access of women to employment in the public sector and to further their careers, as well as the results achieved in this respect.

2.  The Committee notes the two initiatives taken by the Government, one to combat unemployment, or the "ADAPT" initiative, which intervenes in the provision of training to workers, including women to adapt their qualifications to labour market requirements; and the other, the "NOW" initiative, which aims to promote equal opportunities in employment and vocational training and emphasizes the provision of training to women to upgrade their professional qualifications, enable greater numbers of them to have access to managerial positions and improve their management of the firms or cooperatives that they set up. The Committee recalls that in its previous comment it noted the high level of occupational segregation, that is the propensity of persons of a particular sex to follow studies or training leading to a type of employment or occupation in which persons of that sex are in the majority, which prejudices women despite the rise in their general educational levels. For this reason, the Committee requests the Government to provide information, including statistics, on the impact of the above initiatives and on the very marked division between sectors of employment which are traditionally considered to be male and those traditionally considered to be female.

3.  With regard to the "OLYMPIAS" programme, which has the aim of encouraging the participation of women in development and which was implemented in Eastern Macedonia and Thrace, the Committee notes that the Government has omitted to indicate the results obtained and whether it envisages extending the programme to other regions. Please provide information on these points.

4.  The Committee notes the Government’s statement that, during the period under consideration, there were no decisions by the courts involving questions of principle relating to the application of the Convention. However, it notes that in its concluding observations (A/54/38, paragraphs 172-212), the United Nations Committee on the Elimination of Discrimination Against Women expressed its concern that a number of recent court cases had questioned the legality of affirmative action and temporary special measures aimed at accelerating de facto equality between men and women. Noting that Article 2 of the Convention advocates the adoption of a policy designed to promote equality of opportunity and treatment in respect of employment and occupation and that the adoption of programmes of affirmative action can be one of the components of such a policy, the Committee would be grateful if the Government would keep it informed of any developments in this respect.

5.  The Committee notes that, according to the above concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women, there is a high incidence of sexual harassment in the workplace and that there are no clear legislative provisions on this matter. It also notes the reticence of women to avail themselves of available complaint mechanisms in the event of discrimination. The Committee would therefore be grateful if the Government would indicate the measures which have been taken or are envisaged to combat sexual harassment at the workplace and to encourage women to exercise their rights and appeal to the courts when they consider that they have suffered discrimination, including discrimination in employment and occupation.

6.  The Committee notes that the Greek Government established an Ombudsman’s Office in September 1997 responsible for mediating between citizens and the State in order to protect citizens’ rights, combat maladministration and ensure the observance of the law. The Ombudsman’s Office is a non-judicial institution which acts independently of the Government. The Ombudsman can receive complaints filed by any individual in the areas of human rights, quality of life, social welfare and state-citizen relations. The Ombudsman endeavours to provide non-judicial settlement of complaints. The Office of the Ombudsman may also act on its own initiative in cases which have aroused the interest of public opinion. The Ombudsman is further empowered to formulate proposals to remedy the underlying causes of violations of citizens’ rights. At the end of 1998, the Government also established a National Human Rights Committee, which reports to the Prime Minister and has the tasks of monitoring the human rights situation, raising awareness of the general public and the media on human rights’ issues and making proposals on human rights’ legislation. The Committee would therefore be grateful if the Government would provide information on the activities of these two institutions in the field of discrimination, and particularly in the areas of employment and occupation.

7.  The Committee notes the information provided by the Government to the European Commission Against Racism and Intolerance (ECRI), established by the Council of Europe to combat racism, xenophobia, anti-Semitism and intolerance at the pan-European level and from the angle of the protection of human rights. In particular, it notes the adoption in 1996 of a comprehensive action plan aimed at removing the obstacles to the social integration of Roma and improving the attitude of the general public vis-à-vis the members of this minority group. This plan provides the framework for the adoption of specific programmes, which are to be carried out by the local authorities of the various regions where the Roma communities live. These programmes cover, inter alia, housing, education, health, vocational training and employment. The Committee welcomes the adoption of this comprehensive strategy for the social integration of Roma and the initiatives which have been launched in this context. In particular, it notes the training courses undertaken to raise the awareness of civil servants, the police and teachers with regard to the problems of the Roma and the implementation of a programme financed by the Ministry of Education and Religious Affairs aimed at integrating Roma children in schools throughout the country. According to the authorities, these educational programmes have achieved an increase of 30 per cent in the number of Roma children attending school. The Committee however notes that the implementation of the action plan often encounters resistance at the local level and it considers that it is indispensable for the success of the plan for the general public to be educated in tolerance and made aware of the benefits of a multicultural society. The Committee accordingly requests the Government to provide information on the measures which have been taken or are envisaged to raise the awareness of the general public, including the social partners, of the discrimination suffered by the members of this group on the grounds of national extraction and social origin.

8.  The Committee notes that the Government has not replied to its questions concerning the relevance of Acts Nos. 1363/1938 and 1672/1939 concerning the functioning of minority churches since the adoption of the new Greek Constitution; the Committee requests the Government to indicate the current status of these Acts. The Government has not indicated whether belonging to the orthodox religion is a requirement for teachers of secular subjects in schools and colleges and it therefore hopes that the Government will provide information on this matter in its next report.

9.  The Committee notes the adoption of Act No. 2738/1999 on collective bargaining in the public administration, the placement of persons bound by a contract of employment without limit of time in permanent positions in the public sector and other provisions, and it requests the Government to provide copies of certain of the collective agreements applicable in the public sector. In this respect, the Committee would also be grateful to be provided with copies of collective agreements applicable in the private sector.

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

1.  The Committee notes the adoption of Act No. 2713/1999 respecting the Internal Affairs Service of the Greek police, section 12 of which sets out the reasons and criteria justifying the limitation imposed by Act No. 2226 of 13 December 1994 concerning the percentage of women admitted to the police school (a maximum of 15 per cent) and the fire brigade school (maximum 10 per cent). With regard to the procedure, the Committee is bound to regret that the 1999 text, which provides a justification for these numerical restrictions, was adopted a posteriori, that is five years after the adoption of the text establishing these restrictions. On the substance, the Committee notes that, according to the explanations provided respecting section 12 of Act No. 2713/1999, the percentages fixed correspond to the percentages of posts which may be occupied without distinction by men or women (administrative activities, passport control, traffic police, etc.), while the 85-90 per cent of the remaining posts correspond to functions which, according to section 12, "require such qualities as physical strength, rapidity and endurance which, by common sense and experience, only men possess in view of their biological characteristics". The Committee wishes to recall in this respect that, as it emphasized in its previous comment, in accordance with Article 1, paragraph 2, of the Convention, any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, provided that such distinctions, exclusions or preferences are determined objectively and really take into account the individual capacities of each candidate for a specific job, rather than being extended to all the jobs in a sector of activity. The Committee is of the opinion that in this instance the exclusion of women from 85-90 per cent of the jobs in the police and fire brigade - on grounds that they have not the necessary physical strength and endurance - demonstrates an absence of an in-depth examination of each case on the basis of the individual capacities of applicants and reflects archaic and stereotyped concepts with regard to respective roles and abilities of men and women. The Committee has noted in its 1996 Special Survey on equality in occupation and employment that the continued exclusion of women from certain posts of authority merely because they are women and encounter negative prejudices is one of the restrictions to be eliminated by methods appropriate to national conditions. The Committee hopes the Government will consider removal of percentage restrictions on women and that it will allow all men and women to compete individually for the posts in question. It requests the Government to continue to provide information on measures taken in this regard.

2.  The Committee therefore requests the Government to undertake an in-depth re-examination of the concept of the "qualities required for a specific job", as it is currently applied in the police force and fire brigade, and hopes that it will take into account objectively: (a) the essential requirements inherent in each category of jobs designated by name; (b) the competence of the individual assigned to carrying out such functions; and where possible (c) the reasonable adaptations which are necessary (that is, which would not impose an excessive burden in terms of cost or inconvenience for the operation of the institutions concerned) to enable women who so wish to have access to certain functions in the police and the fire brigade.

3.  The Committee is addressing a request directly to the Government on certain other matters.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the information supplied by the Government in its report, in particular the statistics on the composition of the labour force by sex and the information provided on the efforts undertaken by the Government, by using, inter alia, the mass media and by the creation of the Research Centre for Equality Questions, to inform citizens on the institutional and legislative changes concerning sex equality, sensitize individuals on sex equality issues, promote the participation of women in all sectors of society and the protection against discrimination in general.

1. The Committee notes that the "OLYMPIAS" programme, which is the global plan of action on equality, has been launched in the Eastern Macedonian and Thrace regions with the aim of encouraging the participation of women in the development of these regions through concrete measures. The Committee requests the Government to provide information on the measures taken, their effect and to indicate whether it contemplates launching the programme in other regions as well. Noting that, according to information provided by the Government, the percentage of the representation of women in the public service has increased from 16.3 per cent in 1988 to 22.5 per cent in 1996 for directors of ministries and from 37.7 per cent to 38.4 per cent over the same period for section chiefs, the Committee requests the Government to continue to supply information on the career progression of women in the public service.

2. In general, the Committee notes from the statistics provided by the Government that the labour force is very much divided into traditional male and female sectors and that where changes have taken place in the composition of the labour force in a particular sector these appear to reinforce this division. The Committee requests the Government to provide information on any new trend in this respect, especially in the light of the fact that other statistics show that the educational attainment level has improved in favour of women, both in general and in non-traditional areas such as technical training.

3. The Committee notes the Government's explanation that the limitation, set out in Act No. 2226 of 13 December 1994, on the percentage of women admitted for training in the Police School (not to exceed 20 per cent) and admitted to the Armed Forces Officer's School (not to exceed 15 per cent), is based on the nature of the mission and the character of the Greek police and army, as well as on the conditions under which their duties are exercised. According to the Government, article 116(2) of the Constitution permits such derogations from the principle of equality contained in article 4(2) of the Constitution, if there are serious reasons laid down by law. In this connection, the Committee recalls that under Article 1, paragraph 2, of the Convention any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. It also recalls the explanation of the inherent requirements set out in its Special Survey on equality in employment and occupation of 1996, where the Committee stated that in order to determine the real scope of this exception, the following two points should be examined: first, the concept of "a particular job" and, second, the definition of "inherent requirements" of a job. The concept of "a particular job" refers to a specific and definable job, function or task and the qualifications necessary to carry it out may be defined as those which are needed by the characteristics of that one job. A qualification may be brought to bear as an inherent requirement without coming into conflict with the principle of equality of opportunity and treatment, but in no circumstances may that qualification be required for an entire sector of activity. Systematic application of requirements involving one or more of the grounds of discrimination envisaged by Convention No. 111 is inadmissible; careful examination of each individual case is required. In addition, the Committee considered that, as regards equality between men and women, distinctions on the basis of sex may be required for certain jobs, but these distinctions should be determined on an objective basis and should take account of individual capacities. The Committee considers that setting general limitations does not allow for a careful examination of each case on the basis of individual capacities and, noting the Government's explanations and general rationale for the respective limitations, the Committee requests the Government to indicate on which considerations of service the specific numerical limitations of 20 and 15 per cent were made.

4. The Committee notes the judicial decisions provided concerning discrimination in employment. Since almost all decisions provided concern cases of alleged sex discrimination, the Committee requests the Government also to provide statistical data concerning the number of claims alleging discrimination on the other grounds covered by the Convention, together with copies of relevant judicial decisions, which throw light on the application of the national policy to promote equality in employment and occupation irrespective of, in particular, national extraction and religion.

5. Noting the information provided by the Government that the Acts of Necessity Nos. 1363/1938 and 1672/1939 safeguarded the provisions of articles 1 and 2 of the Greek Constitution then in force and concerned the functioning of minority churches, the Committee requests the Government to indicate the status of these Acts under the current Constitution. Also noting the information provided by the Government according to which the recruitment of theologians for teaching theology depends on their having qualified from the relevant section of the national superior studies establishment or having equivalent qualifications from an overseas orthodox training institution, the Committee requests the Government to clarify that belonging to the orthodox religion is not a requirement for teachers of secular subjects in schools and training colleges.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the detailed information supplied by the Government in its reports and attached documentation. It notes, in particular, the information contained in the National Report of Greece - "The status of women in Greece: Developments during the period 1984-94" - prepared for the Fourth World Conference on Women, held in Beijing, in September 1995.

1. The Committee asks the Government to continue to provide information concerning the measures being taken to promote equality of opportunity and treatment between men and women, including information on the development of the "OLYMPIAS" programme, which is the global plan of action on equality. Please also continue to provide information on the extent to which women are participating in non-traditional areas of employment, such as in the police force. In this regard, the Committee notes that pursuant to Act No. 2226 of 13 December 1994, the percentage of women admitted for training in the Police School is not to exceed 20 per cent; and women's admission to the Officer's School is not to exceed 15 per cent. Please indicate the rationale for this limitation. Noting that the right of married women to retire after 15 years of work in the public sector has been repealed by Act No. 1902/1990 - which explained why women were not well represented in higher-level posts - the Committee asks the Government to continue to supply information on the representation of women in the public service in general and at higher levels of responsibility.

2. The Committee notes that data concerning the number of claims alleging discrimination based on sex were not available for the reporting period. Please supply this information with future reports, together with copies of judicial decisions concerning discrimination in employment on any of the grounds covered by the Convention.

3. The Committee refers to its previous direct request asking the Government to indicate how the elimination of discrimination in employment and occupation is ensured with respect to the grounds of colour, national extraction and social origin - which are not listed specifically in articles 4 and 5 of the Constitution. The Government states in its report that the term "race" also takes into account considerations as to "colour". As concerns discrimination on the ground of "national extraction", the Government states that the Greek word "ethnikotita" used in article 5 (which has been translated as "nationality") is intended to protect against discrimination all nationalities who reside and work in the country. With reference to the ground of "social origin", the Government refers to article 4, paragraph 7, of the Constitution which provides that "Titles of nobility or distinction are neither conferred upon Greek citizens nor recognized". In order to ensure that the grounds specified by the Convention are complied with in practice, the Committee requests the Government to continue to provide information on the measures taken to eliminate discrimination and to promote equality of opportunity and treatment on all of the grounds of the Convention.

4. The Committee notes from the report prepared for the Fourth World Conference on Women that, in recent years, waves of immigrants and refugees have arrived in the country (1.8 million between 1985 and 1992). The Committee requests the Government to provide information in its next report on the measures being taken or contemplated to ensure equality of opportunity and treatment for all persons living and working in the country and, in particular, those who are members of ethnic and religious minorities.

5. The Committee requests the Government to provide detailed information on any decisions taken under the Acts of Necessity Nos. 1363/1938 and 1672/1939 concerning any distinction, exclusion or preference in employment and occupation made on the basis of religion. The Committee also requests the Government to furnish information on the implementation of Acts Nos. 1566/1985 and 1771/1988 concerning the non-issuance, by the Ministry of Education and Cults, of teaching permits to teachers who are not of the Orthodox religion.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the detailed information supplied by the Government in its reports, including the attached documentation, statistical data and legislative texts.

1. The Committee notes that, in addition to articles 4 and 5 of the National Constitution, which provide for the equality of all citizens before the law, without distinction as to sex, nationality, race, language and religious and political convictions, article 22 of the Constitution establishes that all workers are entitled to equal pay for work of equal value, "irrespective of sex or other distinctions". It recalls, however, that when legislation sets out a list of prohibited grounds of discrimination all the grounds listed in Article 1, paragraph 1(a), of the Convention should be covered. The Committee accordingly requests the Government to indicate how the elimination of discrimination in employment and occupation on grounds of colour, national extraction and social origin, which are not listed in the Constitution, is ensured in law and in practice, and also asks it to provide information on the methods taken to promote equality of opportunity and treatment.

2. The Committee notes with interest the information provided on the activities of the General Secretariat for Equality and of the Manpower Employment Organization with regard to promoting women's participation in vocational guidance and training programmes. The Committee requests the Government to continue to provide details on the measures adopted to facilitate women's access to technical and vocational guidance and training, particularly for trades in which women are not traditionally employed, including recent statistical data, disaggregated by sex, on the enrolment rate in and graduation from technical and vocational schools and on the occupations for which training is given. It also requests the Government to provide information on other measures taken and contemplated, and the results achieved, in promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination based on sex.

3. The Committee notes that in 1988 there were 132 cases against employers concerning dismissals of pregnant women or mothers, resulting in 121 reinstatements and six fines. It requests the Government to continue supplying statistical data on the number of claims specifically alleging discrimination based on sex and their outcome, and to provide detailed information on the activities of the labour inspectorate in promoting the observance of the principle of equality and opportunity in employment, as well as copies of judicial decisions concerning discrimination in employment.

4. As for the public sector, the Committee notes with interest from the latest statistics that women represent 16.3 per cent of directors in ministries and 72.3 per cent of heads of independent offices and that Act No. 2085 of 1992 requires at least one woman to participate in each service council, which are responsible for promoting officials to the posts of directors, applying criteria different from those of qualifications and seniority. On this last point, the Committee notes the Government's indication that all other promotions are based on the criteria of qualifications and seniority, and for this reason women represent only a small number of employees who attain the highest-level posts because married women have the right to retirement after 15 years of service. It asks the Government to continue supplying information on the results achieved respecting the principle of equality between the sexes, including measures taken or contemplated to eliminate statutory and administrative provisions which have the effect of nullifying equality of opportunity and treatment in employment in the public sector.

5. Noting the Government's indication in its report for the period ending 30 June 1990 that the draft text of the new Conditions of Service of Public Servants was not yet ratified due to changes in Parliament, the Committee reiterates its request to the Government to supply a copy of the adopted text once it has been promulgated. Also noting Act No. 1735 of 1987, which stresses the recruitment criteria in education (replacing Act No. 1320 of 1983, which used non-merit-based criteria), the Committee requests the Government to provide information in its next report on the application in practice of Act No. 1735 in connection with the promotion of the principle of the equality of the sexes. The Committee further notes from the Government's report for the period ending 30 June 1992 the creation of national public competitions under Act No. 1943 of 1991 for all vacant posts in the public sector so as to ensure an objective recruitment system, but that no such competitions have been conducted due to the suspension of appointments and recruitment until 31 December 1992, in accordance with Cabinet Decrees Nos. 144 of 12 December 1990 and 160 of 31 December 1991. It requests the Government to supply information in its next report on the status of the implementation of Act No. 1943 of 1991.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous observations, the Committee notes the detailed information supplied by the Government in reply to its comments on equality of opportunity and treatment in employment in the Greek Telecommunications Agency (OTE), and in particular, the copy of the wage scale for the OTE staff, in force since 1 January 1990 pursuant to the National Labour Collective Agreement of 7 March 1990.

It notes from extracts of the 1989 report of the Standing Committee for the Equality of the Sexes that section 6 of the General Regulations for OTE staff has been amended so as to apply the same age-limit with regard to recruitment for both men and women and that 42 per cent of the total number of employees recruited from 1983 to 1988 were women. The Committee hopes the Government will supply, in future reports, any information on further progress made concerning the position of women in the Greek Telecommunications Agency.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

The Committee notes with interest the detailed information supplied by the Government in reply to its previous comments and asks the Government to refer also to the observation it is making on this Convention at the present session.

1. The Committee noted in its previous comments that articles 4 and 5 of the National Constitution, which establish the equality of all citizens before the law, without distinction as to sex, nationality, race, language and religious and political conviction, make no mention of certain other grounds listed in Article 1(a) of the Convention, i.e., colour, national extraction and social origin. It therefore requested the Government to indicate how the elimination of all discrimination in employment and occupation on the above grounds is ensured in both legislation and practice. As the Government's report contains no reply to this question, the Committee hopes that the information requested will be included in the next report.

2. As regards women more particularly, the Committee notes with interest the new legislative measures taken by the Government to eliminate discrimination on grounds of sex in employment, social security and parental leave. It also notes the action undertaken by the General Secretariat for Equality and the Committees for the Equality of the Sexes operating at local level throughout the country, and the efforts and progress made with regard to women's access to vocational guidance and training, particularly for trades in which women are not traditionally employed. The Committee hopes that the Government will continue to supply information (including statistical data) on any further progress in promoting the principle of equality of opportunity set forth in the Convention.

3. With regard to the public sector, the Committee notes that although more women have acceded to higher-level posts in recent years - especially since the adoption of Act No. 1586 of 1986 respecting the structure of grades in the public sector - their number remains fairly limited. It none the less notes with interest that the Government plans to extend the coverage of Act No. 1414 of 1984 respecting the equality of the sexes to this sector, and that Act No. 1483 of 1984 respecting the protection of workers with family responsibilities already applies to this sector by virtue of Presidential Decree No. 193 of 1988. The Committee hopes that the Government will pursue its efforts to promote the principle of the equality of the sexes, including in the public sector, and that it will provide information on the progress made in this area. Furthermore, the Committee again requests the Government to transmit a copy of the full text of the new Conditions of Service of Public Servants, and a copy of Act No. 1320 of 1983 concerning recruitment, with its next report.

4. In its previous comments, the Committee noted that article 116, subsection 2 of the National Constitution, and section 10, subsections 1(b) and 3, of Act No. 1414 permit certain exceptions to the principle of the equality between the sexes, and asked the Government to provide examples of the application of these provisions in practice. As the report did not contain any information on this matter, the Committee hopes that this information will be provided with the next report.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments, the Committee notes with interest the detailed information provided by the Government concerning the various measures - legislative and practical - that have been taken in the public and private sectors in order to promote the principle of equal opportunity in employment and occupation. It notes in particular, and with satisfaction, the adoption of Act No. 1735 of 1987 concerning, inter alia, the qualifications required for access to employment in the public administration, and eliminating all discrimination on grounds of political, philosophical and religious convictions in respect of public sector officials or employees. 2. The Committee refers to the observations it has been making since 1986 concerning the allegations of the Pan-Hellenic Association of Women Telephone Operators with regard to certain discriminatory practices based on sex - particularly in the area of working conditions and promotion - said to be engaged in by the Government, and concerning women telephone operators employed by the Greek Telecommunications Agency (OTE), following the integration of the women operators into the administrative and technical staff of the Agency. In its observations, the Committee requested the Government, in particular, to supply information concerning promotions that had occurred among the women workers in question since their integration, to communicate the new wage scale applying to the whole staff of the Greek Telecommunications Agency, and to indicate the number of women employed by the Agency (including those employed in higher-level positions) and their percentage in relation to men. The Committee also requested details of the outcome of the work of the Joint Committee on Equality responsible for establishing rules to govern, inter alia, certain matters concerning the staff of the Greek Telecommunications Agency. The Committee takes note of the information supplied by the Government in reply to its observations, and also notes the information provided in a new communication from the Pan-Hellenic Association of Women Telephone Operators, dated 13 October 1988. The Government's reply indicates that the decision to integrate women telephone operators into the administrative and technical staff was taken by the Staff Council of the Agency, in conformity with the General Regulations covering the staff, with the aim of giving practical effect to the principle of equality of opportunity and treatment for both sexes in respect of professional careers and wage development, since the number of posts held by women telephone operators was declining owing to the introduction of new technology in this area. The information provided by the Government reveals however, that of the 48 promotions in the Agency since 1984, only six applied to women in this category of operators. Furthermore, both the Government's reply and the communication from the above-mentioned Association, indicate that there were no promotions during the period 1986 to 1988. In addition, the percentage of women employed by the Agency is 14.1 per cent, and only one woman, as compared to 144 men, is employed in a higher-level position. The Committee therefore hopes that the Government will not fail to take the necessary measures to remedy this situation and to ensure that the principle of equality of opportunity and treatment is also applied within the Greek Telecommunications Agency, with regard not only to promotions, but also to working conditions in general, including wages. On this last point, the Committee notes the Government's statement that the new wage scale for the staff of the Agency establishes equality of remuneration according to qualifications and seniority, irrespective of the sex of the persons concerned. The Committee recalls that under Convention No. 100, also ratified by Greece, equal remuneration for men and women workers applies to work of equal value, and requests the Government to refer in this connection to the direct request that the Committee is addressing to it on that Convention. The Committee also asks the Government to provide information in its next report on the work of the Standing Committee for the Equality of the Sexes, set up under the collective agreement of 1987 concerning telecommunications staff, and on the results obtained. It would also like to receive a copy of the new wage scale of the above Agency, which was not received with the report.

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

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the detailed information supplied by the Government in reply to its previous comments and asks the Government to refer also to the observation it is making on this Convention at the present session.

1. The Committee noted in its previous comments that articles 4 and 5 of the National Constitution, which establish the equality of all citizens before the law, without distinction as to sex, nationality, race, language and religious and political conviction, make no mention of certain other grounds listed in Article 1(a) of the Convention, i.e., colour, national extraction and social origin. It therefore requested the Government to indicate how the elimination of all discrimination in employment and occupation on the above grounds is ensured in both legislation and practice. As the Government's report contains no reply to this question, the Committee hopes that the information requested will be included in the next report.

2. As regards women more particularly, the Committee notes with interest the new legislative measures taken by the Government to eliminate discrimination on grounds of sex in employment, social security and parental leave. It also notes the action undertaken by the General Secretariat for Equality and the Committees for the Equality of the Sexes operating at local level throughout the country, and the efforts and progress made with regard to women's access to vocational guidance and training, particularly for trades in which women are not traditionally employed. The Committee hopes that the Government will continue to supply information (including statistical data) on any further progress in promoting the principle of equality of opportunity set forth in the Convention.

3. With regard to the public sector, the Committee notes that although more women have acceded to higher-level posts in recent years - especially since the adoption of Act No. 1586 of 1986 respecting the structure of grades in the public sector - their number remains fairly limited. It none the less notes with interest that the Government plans to extend the coverage of Act No. 1414 of 1984 respecting the equality of the sexes to this sector, and that Act No. 1483 of 1984 respecting the protection of workers with family responsibilities already applies to this sector by virtue of Presidential Decree No. 193 of 1988. The Committee hopes that the Government will pursue its efforts to promote the principle of the equality of the sexes, including in the public sector, and that it will provide information on the progress made in this area. Furthermore, the Committee again requests the Government to transmit a copy of the full text of the new Conditions of Service of Public Servants, and a copy of Act No. 1320 of 1983 concerning recruitment, with its next report.

4. In its previous comments, the Committee noted that article 116, subsection 2 of the National Constitution, and section 10, subsections 1(b) and 3, of Act No. 1414 permit certain exceptions to the principle of the equality between the sexes, and asked the Government to provide examples of the application of these provisions in practice. As the report did not contain any information on this matter, the Committee hopes that this information will be provided with the next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous comments, the Committee notes with interest the detailed information provided by the Government concerning the various measures - legislative and practical - that have been taken in the public and private sectors in order to promote the principle of equal opportunity in employment and occupation. It notes in particular, and with satisfaction, the adoption of Act No. 1735 of 1987 concerning, inter alia, the qualifications required for access to employment in the public administration, and eliminating all discrimination on grounds of political, philosophical and religious convictions in respect of public sector officials or employees.

2. The Committee refers to the observations it has been making since 1986 concerning the allegations of the Pan-Hellenic Association of Women Telephone Operators with regard to certain discriminatory practices based on sex - particularly in the area of working conditions and promotion - said to be engaged in by the Government, and concerning women telephone operators employed by the Greek Telecommunications Agency (OTE), following the integration of the women operators into the administrative and technical staff of the Agency. In its observations, the Committee requested the Government, in particular, to supply information concerning promotions that had occurred among the women workers in question since their integration, to communicate the new wage scale applying to the whole staff of the Greek Telecommunications Agency, and to indicate the number of women employed by the Agency (including those employed in higher-level positions) and their percentage in relation to men. The Committee also requested details of the outcome of the work of the Joint Committee on Equality responsible for establishing rules to govern, inter alia, certain matters concerning the staff of the Greek Telecommunications Agency.

The Committee takes note of the information supplied by the Government in reply to its observations, and also notes the information provided in a new communication from the Pan-Hellenic Association of Women Telephone Operators, dated 13 October 1988.

The Government's reply indicates that the decision to integrate women telephone operators into the administrative and technical staff was taken by the Staff Council of the Agency, in conformity with the General Regulations covering the staff, with the aim of giving practical effect to the principle of equality of opportunity and treatment for both sexes in respect of professional careers and wage development, since the number of posts held by women telephone operators was declining owing to the introduction of new technology in this area. The information provided by the Government reveals however, that of the 48 promotions in the Agency since 1984, only six applied to women in this category of operators. Furthermore, both the Government's reply and the communication from the above-mentioned Association, indicate that there were no promotions during the period 1986 to 1988. In addition, the percentage of women employed by the Agency is 14.1 per cent, and only one woman, as compared to 144 men, is employed in a higher-level position. The Committee therefore hopes that the Government will not fail to take the necessary measures to remedy this situation and to ensure that the principle of equality of opportunity and treatment is also applied within the Greek Telecommunications Agency, with regard not only to promotions, but also to working conditions in general, including wages. On this last point, the Committee notes the Government's statement that the new wage scale for the staff of the Agency establishes equality of remuneration according to qualifications and seniority, irrespective of the sex of the persons concerned. The Committee recalls that under Convention No. 100, also ratified by Greece, equal remuneration for men and women workers applies to work of equal value, and requests the Government to refer in this connection to the direct request that the Committee is addressing to it on that Convention. The Committee also asks the Government to provide information in its next report on the work of the Standing Committee for the Equality of the Sexes, set up under the collective agreement of 1987 concerning telecommunications staff, and on the results obtained. It would also like to receive a copy of the new wage scale of the above Agency, which was not received with the report.