Equal Remuneration Convention, 1951 (No. 100) - Greece (Ratification: 1975)

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

The Committee reiterates the content of its direct request adopted in 2019, which is reproduced below.

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 application of the equal pay legislative provisions, as well as on the levels of remuneration of men and women, both in the public and private sectors, with a view to determining the most appropriate measures to avoid widening, and to further close, the gender pay gap. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of an impact assessment of the austerity measures on the implementation of the Convention, as well as a widening of the gender pay gap and obstacles in women’s career development. 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 have been of assistance to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee requests the Government to take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to assess and address all the issues identified by the Committee on the application of the Convention. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and results achieved.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls that article 22(1)(b) of the Constitution and section 4(1) of Act 3896/2010 concerning the application of the principle of equal opportunity and treatment between men and women in terms of employment, provide that men and women are entitled to equal remuneration for work of equal value, but do not define the term “work of equal value” nor set criteria for assessing the respective value of different jobs. The Government previously indicated that such definition is left for judgments of national courts. The Committee takes note of the summary of decision No. 604/2017 of the Supreme Court, forwarded by the Government, where judges considered that “within the meaning of [article 22(1)(b) of the Constitution], any discrimination in the remuneration of those working for the same employer when providing the same work or work of equal value is prohibited”. It further notes that the European Commission recently highlighted that the notion of “work of equal value” is unclear to litigants and judges, so that in most cases the comparison concerns the same work, considering that the equal pay principle applies to workers employed by the same employer, who belong to the same category, have the same formal qualifications and provide the same services under the same conditions (European Commission, Country report on gender equality, 2018, Greece, page 27 and Report on the enforcement of the principle of equal pay for equal work or work of equal value, July 2017, page 44). The Committee recalls that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. While factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same or even comparable with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. It also recalls that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see General Survey on the fundamental Conventions, 2012, paragraphs 676–679 and 697–698).  The Committee asks the Government to continue to provide information on the manner in which article 22(1)(b) of the Constitution and section 4(1) of Act 3896/2010 are applied or interpreted in practice by labour inspectors and labour courts, in particular the term “work of equal value”, and provide extracts of any relevant administrative or judicial decisions. The Committee encourages the Government to undertake awareness-raising activities and trainings to promote better understanding and improved application of the principle of the Convention by employers, workers and their respective organizations, as well as judges and law enforcement officers, by ensuring that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and the definition allows for jobs of an entirely different nature to be compared free from gender bias and going beyond the same employer. It asks the Government to provide information on any activities undertaken in this regard, as well as their impact on reducing the gender pay gap.

Article 2(2)(b). Minimum wages.  The Committee notes with  interest  that, for the first time since 2012, the minimum wage was increased by 11 per cent as of February 2019 by Ministerial Decision No. 4241/127/2019, and the lower wage category for younger employees was abolished. It notes however that, pursuant to Law No. 4172/2013, changes were introduced in the process of setting the statutory minimum wage, which was traditionally determined through bilateral social partner agreements, and are now determined at national level by the Government, after consultation of social partners and other specialized institutions. As regards collective agreements, the Government adds that no violation of the principle of equal remuneration between men and women for equal value has been found.  The Committee asks the Government to provide information on the manner in which it is ensured that in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men. It asks the Government to provide a copy of collective agreements fixing minimum wages. The Committee further asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Article 3. Objective job evaluation.  The Committee notes the Government’s repeated indication that public administration employees are not classified by occupation but by category, branch and speciality and that, as provided for by Law No. 4354/2015 on Management of non-performing loans, salary adjustments and other urgent matters for the implementation of the budgetary targets and structural reforms agreement of 16 December 2015, the salary scale is determined on the sole basis of the years of service completed and formal qualifications. The Government adds that enterprises are not requested to use an occupational classification system to determine wages, as mentioned in section 4(2) of Act 3896/2010, and a mandatory application of this provision to enterprises, the majority of which are small or medium-sized enterprises, would cause problems to their functioning or be pointless. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria in order to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey, 2012, paragraphs 695–696).  The Committee asks the Government to provide information on the method and criteria used to establish the classification of jobs of public administration employees and corresponding salary scales without gender bias, and to ensure that jobs mainly performed by women are not undervalued in comparison with jobs mainly performed by men but evaluated objectively on the basis of the work that they involve. It further asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, as well as on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement.  The Committee notes, from the information provided by the Government, that a training programme, several seminars as well as a two-day workshop were held in 2014 and 2015 for almost 200 labour inspectors on issues relating to equal opportunities and treatment for men and women in employment. It further notes that, in 2018, an awareness-raising campaign was undertaken by the General Secretariat for Family Policy and Gender Equality (GSFPGE) on the Equal Pay Day. Noting that as a result of section 12 of Law No. 4443/2016, the Ombudsman is now responsible for monitoring and promoting equal treatment not only in the public sector but also in the private sector, the Committee notes, from the 2018 special report of the Ombudsman on equal treatment, 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 by the Ombudsman. While observing that no information is available on the number of complaints specifically dealing with pay discrimination issues, the Committee takes note of a mediation made by the Ombudsman, and forwarded by the Government, concerning a case of gender pay discrimination where it was decided that a woman who had exactly the same duties as her male colleague was also entitled to receive the benefit corresponding to heavy and arduous job. The Government adds that in 2018, the labour inspectorate neither received nor detected any case or complaint on inequality of remuneration. The Committee wishes to recall that no society is free from discrimination and that the absence of cases or complaints could indicate a lack of an appropriate legal framework, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 871).  In light of the apparent restrictive interpretation of the principle of the Convention made at national level, the Committee asks the Government to provide information on the content of training and awareness-raising activities undertaken in relation to the term of “work of equal value” and the scope of application of the principle of equal remuneration for men and women for work of equal value. It asks the Government to continue to provide information on the number of cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman or the courts, as well as the sanctions imposed and 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 for Employers 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.

Legislative developments. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the application of Law No. 4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019 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) can award “Equality Labels” to them as a reward for their engagement in favour of equal treatment, including equal pay for equal work, and balanced participation of women and men in managerial positions or in professional and scientific groups set up in the enterprise (section 21).

Article 2 of the Convention. Gender pay gap. Referring to its previous comments on the gender pay gap and the occupational gender segregation of the labour market, the Committee notes, from the statistical information forwarded by the Government, that while the gender pay gap decreased from 15 per cent in 2010 to 12.5 per cent in 2014, the average monthly salary of women remained substantially lower than that of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. It observes that, in 2018, the Hellenic Statistical Authority (ELSTAT) carried out a Labour Force Survey (LFS), but regrets that no updated information on the gender pay gap has been included in this survey nor has such information been published since 2014. The Committee notes that the GSEE highlights that the gender pay gap may be higher if data was properly collected, which demonstrates that there is an urgent need to establish an independent mechanism that will monitor this phenomenon, record and process targeted data already stored in existing information systems for employment and social security purposes. The Committee notes, from the 2018 LFS, that the employment rates for women slightly increased from 46.8 per cent in 2016 to 49.1 per cent in 2018, 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 (EU average of 66.5 per cent), as highlighted by the GSEE. It further notes that women are still mostly concentrated 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 EU (Labour Force Survey of ELSTAT and European Commission, 2019 Report on equality between men and women in the EU, page 27). In this regard, the Government refers in its supplementary information to Law No. 4706/2020 on Corporate Governance, Capital Market Modernization, which is a transposition into the Greek legislation of Directive 2017/828 of the European Parliament and European Council, and measures for the implementation of Regulation (EU) 2017/1131 and other provisions, adopted on 17 July 2020, which provide that the eligibility criteria for the appointment of members of Boards of Directors shall include at least the adequate representation by gender indicated as not less than 25 per cent of the total number of members. The Committee also notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time is one of the highest in the EU 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). It welcomes the Government’s indication of the establishment of the SHARE Project (3.2.2020–2.2.2022), which aims to challenge traditional stereotypes and roles within the family and promote work and life balance, focusing on companies’ workplaces and their involvement in the promotion of gender equality and work-life balance. 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: (1) the gender pay gap and pension gap persist, and that this matter will be a priority in the new National Action Plan for Gender Equality 2021-2025, which is being elaborated; (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, which also impact their future earnings and pensions. It notes that, as a result, the NAPGE sets specific actions to examine the transferability of good practices to tackle the gender pay gap, such as an annual report on the gender pay structure, and the design of a “salary and wage calculator” which provides up-to-date and easily accessible information on the usual wages in different industries and regions. The Committee also notes SEV’s observation that with a view to changing the culture of stereotypes and gender segregation to tackle the gender pay gap, measures need to address gender stereotypes including through pre-school education and special educational programs on career orientation, as well as promoting young women’s access to science, technology, engineering and mathematics (STEM). While welcoming the adoption of the NAPGE, the Committee notes that, in April 2019, the United Nations (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 pay and conditions at work, and expressed specific concern at the persistence of the gender pay gap and the absence of women in leadership roles (OHCHR, Press statement of 12 April 2019). In light of the persistent gender pay gap and occupational gender segregation of the labour market, the Committee asks the Government to provide information on: (i) the application of Law No. 4706/2020 and its impact on the presence of women on Boards of Directors; and (ii) any other measures taken, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention. It asks the Government to provide information on the proactive measures implemented, including in the framework of the National Action Plan for Gender Equality for 2016–20 and for 2021–2025, to address the gender pay gap by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that regularly collecting, analysing and disseminating information is important for addressing appropriately unequal pay, determining if measures taken are having a positive impact on the actual situation and the underlying causes of the gender pay gap, the Committee requests the Government to take all necessary measures to provide updated statistical information on the gender pay gaps, both in the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.

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 application of the equal pay legislative provisions, as well as on the levels of remuneration of men and women, both in the public and private sectors, with a view to determining the most appropriate measures to avoid widening, and to further close, the gender pay gap. While noting that the Government does not provide information on any impact assessment undertaken to that end, the Committee notes that the GSEE reiterates its previous concerns regarding the absence of an impact assessment of the austerity measures on the implementation of the Convention, as well as a widening of the gender pay gap and obstacles in women’s career development. 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 have been of assistance to better assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention, the Committee requests the Government to take all the necessary measures, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to assess and address all the issues identified by the Committee on the application of the Convention. It asks the Government to provide full information on the concrete measures implemented to that end, in the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and results achieved.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls that article 22(1)(b) of the Constitution and section 4(1) of Act 3896/2010 concerning the application of the principle of equal opportunity and treatment between men and women in terms of employment, provide that men and women are entitled to equal remuneration for work of equal value, but do not define the term “work of equal value” nor set criteria for assessing the respective value of different jobs. The Government previously indicated that such definition is left for judgments of national courts. The Committee takes note of the summary of decision No. 604/2017 of the Supreme Court, forwarded by the Government, where judges considered that “within the meaning of [article 22(1)(b) of the Constitution], any discrimination in the remuneration of those working for the same employer when providing the same work or work of equal value is prohibited”. It further notes that the European Commission recently highlighted that the notion of “work of equal value” is unclear to litigants and judges, so that in most cases the comparison concerns the same work, considering that the equal pay principle applies to workers employed by the same employer, who belong to the same category, have the same formal qualifications and provide the same services under the same conditions (European Commission, Country report on gender equality, 2018, Greece, page 27 and Report on the enforcement of the principle of equal pay for equal work or work of equal value, July 2017, page 44). The Committee recalls that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. While factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same or even comparable with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. It also recalls that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see General Survey on the fundamental Conventions, 2012, paragraphs 676–679 and 697–698). The Committee asks the Government to continue to provide information on the manner in which article 22(1)(b) of the Constitution and section 4(1) of Act 3896/2010 are applied or interpreted in practice by labour inspectors and labour courts, in particular the term “work of equal value”, and provide extracts of any relevant administrative or judicial decisions. The Committee encourages the Government to undertake awareness-raising activities and trainings to promote better understanding and improved application of the principle of the Convention by employers, workers and their respective organizations, as well as judges and law enforcement officers, by ensuring that, when determining whether two jobs are of equal value, the overall value of the jobs is considered and the definition allows for jobs of an entirely different nature to be compared free from gender bias and going beyond the same employer. It asks the Government to provide information on any activities undertaken in this regard, as well as their impact on reducing the gender pay gap.

Article 2(2)(b). Minimum wages. The Committee notes with interest that, for the first time since 2012, the minimum wage was increased by 11 per cent as of February 2019 by Ministerial Decision No. 4241/127/2019, and the lower wage category for younger employees was abolished. It notes however that, pursuant to Law No. 4172/2013, changes were introduced in the process of setting the statutory minimum wage, which was traditionally determined through bilateral social partner agreements, and are now determined at national level by the Government, after consultation of social partners and other specialized institutions. As regards collective agreements, the Government adds that no violation of the principle of equal remuneration between men and women for equal value has been found. The Committee asks the Government to provide information on the manner in which it is ensured that in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men. It asks the Government to provide a copy of collective agreements fixing minimum wages. The Committee further asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that public administration employees are not classified by occupation but by category, branch and speciality and that, as provided for by Law No. 4354/2015 on Management of non-performing loans, salary adjustments and other urgent matters for the implementation of the budgetary targets and structural reforms agreement of 16 December 2015, the salary scale is determined on the sole basis of the years of service completed and formal qualifications. The Government adds that enterprises are not requested to use an occupational classification system to determine wages, as mentioned in section 4(2) of Act 3896/2010, and a mandatory application of this provision to enterprises, the majority of which are small or medium-sized enterprises, would cause problems to their functioning or be pointless. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria in order to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey, 2012, paragraphs 695–696). The Committee asks the Government to provide information on the method and criteria used to establish the classification of jobs of public administration employees and corresponding salary scales without gender bias, and to ensure that jobs mainly performed by women are not undervalued in comparison with jobs mainly performed by men but evaluated objectively on the basis of the work that they involve. It further asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, as well as on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes, from the information provided by the Government, that a training programme, several seminars as well as a two-day workshop were held, in 2014 and 2015, for almost 200 labour inspectors on issues relating to equal opportunities and treatment for men and women in employment. It further notes that, in 2018, an awareness-raising campaign was undertaken by the General Secretariat for Family Policy and Gender Equality (GSFPGE) on the Equal Pay Day. Noting that as a result of section 12 of Law No. 4443/2016, the Ombudsman is now responsible for monitoring and promoting equal treatment not only in the public sector but also in the private sector, the Committee notes, from the 2018 special report of the Ombudsman on equal treatment, 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 by the Ombudsman. While observing that no information is available on the number of complaints specifically dealing with pay discrimination issues, the Committee takes note of a mediation made by the Ombudsman, and forwarded by the Government, concerning a case of gender pay discrimination where it was decided that a woman who had exactly the same duties than her male colleague was also entitled to receive the benefit corresponding to heavy and arduous job. The Government adds that in 2018, the labour inspectorate did not receive nor detect any case or complaint on inequality of remuneration. The Committee wishes to recall that no society is free from discrimination and that the absence of cases or complaints could indicate a lack of an appropriate legal framework, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 871). In light of the apparent restrictive interpretation of the principle of the Convention made at national level, the Committee asks the Government to provide information on the content of training and awareness-raising activities undertaken on the term of “work of equal value” and the scope of application of the principle of equal remuneration for men and women for work of equal value. It asks the Government to continue to provide information on the number of cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman or the courts, as well as the sanctions imposed and 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) can award “Equality Labels” to them as a reward for their engagement in favour of equal treatment, including equal pay for equal work, and balanced participation of women and men in managerial positions or in professional and scientific groups set up in the enterprise (section 21). It further notes that the Law provides for the establishment of municipal and regional committees for gender equality to promote women’s rights at local level (sections 6 and 7), as well as a National Council for Gender Equality (ESIF) under the auspices of the GSFPGE which aims at consulting relevant stakeholders in order to submit proposals to the GSFPGE for the adoption of policies and actions promoting gender equality, and assess and evaluate existing policies on gender equality (section 9). The Committee notes the enlarged scope of application of the Act which applies to persons who are employed or are 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 and persons in vocational training or candidate to 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, functioning and activities of municipal and regional committees for gender equality; (ii) the functioning and activities of the National Council for Gender Equality; (iii) the number of equality plans elaborated and implemented by employers, both in the public and in the private sectors; and (iv) the number of equality labels awarded. The Committee asks the Government to provide full information on the relevant activities and measures implemented in this framework as well as on their impact on the implementation of the provisions and principles of the Conventions.

Article 2 of the Convention. Gender pay gap. Referring to its previous comments on the gender pay gap and the occupational gender segregation of the labour market, the Committee notes, from the statistical information forwarded by the Government, that while the gender pay gap decreased from 15 per cent in 2010 to 12.5 per cent in 2014, the average monthly salary of women remained substantially lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. It observes that, in 2018, the Hellenic Statistical Authority (ELSTAT) carried out a Labour Force Survey (LFS), but regrets that no updated information on the gender pay gap has been included in this survey nor has such information been published since 2014. The Committee notes that the GSEE highlights that the gender pay gap may be higher if data was properly collected, which demonstrates that there is an urgent need to establish an independent mechanism that will monitor this phenomenon, record and process targeted data already stored in existing information systems for employment and social security purposes. The Committee notes, from the 2018 LFS, that the employment rates for women slightly increased from 46.8 per cent in 2016 to 49.1 per cent in 2018, but remained 21 percentage points below that of men (70.1 per cent in 2018), being still one of the lowest employment rate for women among the European Union (EU average of 66.5 per cent), as highlighted by the GSEE. It further notes that women are still mostly concentrated 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 EU (Labour Force Survey of ELSTAT and European Commission, 2019 Report on equality between men and women in the EU, page 27). It further notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time is one of the higher in the EU 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) for 2016–20 and more particularly of the Government’s acknowledgement that: (i) the gender pay gap and pension gap persist; (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, which also impact their future earnings and pensions. It notes that, as a result, the NAPGE sets specific actions to examine the transferability of good practices to tackle the gender pay gap, such as an annual report on the gender pay structure, and the design or a “salary and wage calculator” which provides up-to-date and easily accessible information on the usual wages in different industries and regions. While welcoming the adoption of the NAPGE, the Committee notes that, in April 2019, the United Nations (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 pay and conditions at work, and expressed specific concern at the persistence of the gender pay gap and the absence of women in leadership roles (OHCHR, Press statement of 12 April 2019). In light of the persistent gender pay gap and occupational gender segregation of the labour market, the Committee asks the Government to provide information on any measures taken, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention. It asks the Government to provide information on the proactive measures implemented, including in the framework of the National Action Plan for Gender Equality for 2016–20, to address the gender pay gap by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that regularly collecting, analysing and disseminating information is important for addressing appropriately unequal pay, determining if measures taken are having a positive impact on the actual situation and the underlying causes of the gender pay gap, the Committee requests the Government to take all necessary measures to provide updated statistical information on the gender pay gaps, both in the public and private sectors.

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

Impact of the structural reform measures on the gender pay gap in the private sector. The Committee notes the information provided by the Government in its report on the number of full-time, part-time and rotation work contracts (not disaggregated by sex) concluded in 2012 and the first quarter of 2013. The Government further indicates that once the Integrated Information System of the labour inspectorate is fully operational, it will be able to submit information disaggregated by sex, on the monthly salary, daily wage and hourly pay, as well as on full-time, part-time and rotation work contracts. The Committee trusts that the Integrated Information System will soon be fully operational and will enable the Government to collect and provide comprehensive information on the following:

• (i) statistics disaggregated by sex, showing an evolution of the levels of remuneration of men and women in full-time and part-time employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected;
• (ii) the number of men and women, including working mothers returning from maternity leave, who have suffered from pay reductions due to a change in their working arrangements (forms of employment, i.e. part-time work, suspension of work, rotation work or subcontracting by temporary employment agencies) with an indication of the number of workers upon whom the employer has unilaterally imposed the conversion of full-time employment to rotation work or part-time work with lower pay; and
• (iii) information, disaggregated by sex, showing the level and evolution of wages of domestic workers and workers in agricultural undertakings.

Impact of the structural reform measures on the gender pay gap in the public sector. The Government indicates that public administration employees are not classified by occupation but by category, branch and speciality and that the salary scale is determined on the basis of the years of services completed and of formal qualifications. The Government further indicates that following the adoption of Act No. 4093/2012, Act No. 4024/2011, which introduced and further defined the system of “labour reserve”, is also applicable to private law entities belonging to the State, or public law entities or local government organizations, and that the Act does not provide for any wage discrimination based on sex. The Committee trusts that the full implementation of the Integrated Information System will enable the Government to collect and analyse statistical information, disaggregated by sex, on the distribution of men and women in the various categories and branches of the wider public sector and the corresponding levels of remuneration, allowing an assessment of the evolution of the gender pay gap since 2009. The Committee asks the Government to provide full information in this regard. The Committee also asks the Government to provide detailed information on the new general conditions of service of public servants, the new job classification and the wage scales, as well as on the specific method that has been used for the evaluation of the different jobs with a view to ensuring the application of the principle of the Convention. Please collect and provide information on the distribution of female and male employees in the new job classification and wage scales of the public service.

Articles 2(2)(c) and 4 of the Convention. Collective agreements and cooperation with social partners. The Committee notes the information concerning the Gender Equality Award for enterprises that implement gender equality and the project “Promotion and enhancement of women’s participation in representation bodies of trade unions”. The Committee asks the Government to continue to provide information on any activities undertaken to raise awareness of the principle of the Convention among workers, employers and their representatives and the results thereof.

Enforcement. The Committee notes the information provided by the Government that no complaints have been received for violation of the equal pay provisions of Act No. 3896/2010. Noting that the Directorate for Remuneration of Work of the Ministry of Labour is not competent to monitor wages exceeding those stipulated by the collective labour agreements, the Committee asks the Government to indicate how it is being ensured that the principle of the Convention is effectively applied in those private agreements establishing wages exceeding those established in collective labour agreements. The Committee further asks the Government to provide information on the measures adopted to strengthen the capacity of judges, labour officials or other competent authorities to detect and address unequal pay. Please continue to provide any information on any decisions handed down by the courts, the labour inspectorate or the Ombudsperson with regard to this issue.

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 rapid growth of flexible forms of employment has led to a widening of the gender pay gap and to obstacles in women’s career development.

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

Articles 1 and 2 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 financial support mechanism. In this context, it has requested the Government to monitor the evolution and impact of such measures on the practical application of the equal pay provisions in Act No. 3896/2010 on the implementation of the principle of equal opportunities and equal treatment of men and women in employment and occupation (section 4(1)). It has also requested the Government to monitor and evaluate the evolution and impact of the austerity measures on the remuneration of men and women in the public and private sectors with a view to determining the most appropriate measures to avoid widening the pay gap. The Committee notes the measures taken by the Government with a view to fully implementing the principle of the Convention, including the reform of the labour inspectorate, which has the competence to monitor the payment of remuneration and other benefits. The Government adds that the Directorate for Remuneration of Work of the Ministry of Labour, Social Security and Welfare did not detect any violations of the principle of equal remuneration for work of equal value or, in general, any other discrimination on grounds of sex in the text of collective agreements submitted to it. The Government recognizes, however, that wage differentials based on sex might exist where wages paid by employers exceed those stipulated in collective agreements. The Government indicates that wage differentials stemming from private agreements are not monitored by the Directorate. The Government adds that the ombudsman has considered that cuts in wages and allowances during pregnancy, maternity leave and parenting leave increase the wage gap between men and women, even in the public sector. Noting that the information provided does not indicate that any impact assessment has been undertaken, the Committee asks the Government to take the necessary measures without delay, in cooperation with the social partners and the Office of the Ombudsman and on the basis of adequate statistics, to monitor the evolution and impact of the austerity measures on the remuneration of men and women in the public and private sectors with a view to determining the most appropriate measures to address existing wage differentials between men and women. The Committee further asks the Government to take concrete measures to ensure that the wages and allowances of working mothers are not reduced. The Committee asks the Government to provide full information on these matters.

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)

Impact of the structural reform measures on the gender pay gap in the private sector. The Committee notes the information provided by the Government in its report on the number of full-time, part-time and rotation work contracts (not disaggregated by sex) concluded in 2012 and the first quarter of 2013. The Government further indicates that once the Integrated Information System of the labour inspectorate is fully operational, it will be able to submit information disaggregated by sex, on the monthly salary, daily wage and hourly pay, as well as on full-time, part-time and rotation work contracts. The Committee trusts that the Integrated Information System will soon be fully operational and will enable the Government to collect and provide comprehensive information on the following:

• (i) statistics disaggregated by sex, showing an evolution of the levels of remuneration of men and women in full-time and part-time employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected;
• (ii) the number of men and women, including working mothers returning from maternity leave, who have suffered from pay reductions due to a change in their working arrangements (forms of employment, i.e. part-time work, suspension of work, rotation work or subcontracting by temporary employment agencies) with an indication of the number of workers upon whom the employer has unilaterally imposed the conversion of full-time employment to rotation work or part-time work with lower pay; and
• (iii) information, disaggregated by sex, showing the level and evolution of wages of domestic workers and workers in agricultural undertakings.

Impact of the structural reform measures on the gender pay gap in the public sector. The Government indicates that public administration employees are not classified by occupation but by category, branch and speciality and that the salary scale is determined on the basis of the years of services completed and of formal qualifications. The Government further indicates that following the adoption of Act No. 4093/2012, Act No. 4024/2011, which introduced and further defined the system of “labour reserve”, is also applicable to private law entities belonging to the State, or public law entities or local government organizations, and that the Act does not provide for any wage discrimination based on sex. The Committee trusts that the full implementation of the Integrated Information System will enable the Government to collect and analyse statistical information, disaggregated by sex, on the distribution of men and women in the various categories and branches of the wider public sector and the corresponding levels of remuneration, allowing an assessment of the evolution of the gender pay gap since 2009. The Committee asks the Government to provide full information in this regard. The Committee also asks the Government to provide detailed information on the new general conditions of service of public servants, the new job classification and the wage scales, as well as on the specific method that has been used for the evaluation of the different jobs with a view to ensuring the application of the principle of the Convention. Please collect and provide information on the distribution of female and male employees in the new job classification and wage scales of the public service.

Articles 2(2)(c) and 4 of the Convention. Collective agreements and cooperation with social partners. The Committee notes the information concerning the Gender Equality Award for enterprises that implement gender equality and the project “Promotion and enhancement of women’s participation in representation bodies of trade unions”. The Committee asks the Government to continue to provide information on any activities undertaken to raise awareness of the principle of the Convention among workers, employers and their representatives and the results thereof.

Enforcement. The Committee notes the information provided by the Government that no complaints have been received for violation of the equal pay provisions of Act No. 3896/2010. Noting that the Directorate for Remuneration of Work of the Ministry of Labour is not competent to monitor wages exceeding those stipulated by the collective labour agreements, the Committee asks the Government to indicate how it is being ensured that the principle of the Convention is effectively applied in those private agreements establishing wages exceeding those established in collective labour agreements. The Committee further asks the Government to provide information on the measures adopted to strengthen the capacity of judges, labour officials or other competent authorities to detect and address unequal pay. Please continue to provide any information on any decisions handed down by the courts, the labour inspectorate or the Ombudsperson with regard to this issue.

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

Articles 1 and 2 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 financial support mechanism. In this context, it has requested the Government to monitor the evolution and impact of such measures on the practical application of the equal pay provisions in Act No. 3896/2010 on the implementation of the principle of equal opportunities and equal treatment of men and women in employment and occupation (section 4(1)). It has also requested the Government to monitor and evaluate the evolution and impact of the austerity measures on the remuneration of men and women in the public and private sectors with a view to determining the most appropriate measures to avoid widening the pay gap. The Committee notes the measures taken by the Government with a view to fully implementing the principle of the Convention, including the reform of the labour inspectorate, which has the competence to monitor the payment of remuneration and other benefits. The Government adds that the Directorate for Remuneration of Work of the Ministry of Labour, Social Security and Welfare did not detect any violations of the principle of equal remuneration for work of equal value or, in general, any other discrimination on grounds of sex in the text of collective agreements submitted to it. The Government recognizes, however, that wage differentials based on sex might exist where wages paid by employers exceed those stipulated in collective agreements. The Government indicates that wage differentials stemming from private agreements are not monitored by the Directorate. The Government adds that the ombudsman has considered that cuts in wages and allowances during pregnancy, maternity leave and parenting leave increase the wage gap between men and women, even in the public sector. Noting that the information provided does not indicate that any impact assessment has been undertaken, the Committee asks the Government to take the necessary measures without delay, in cooperation with the social partners and the Office of the Ombudsman and on the basis of adequate statistics, to monitor the evolution and impact of the austerity measures on the remuneration of men and women in the public and private sectors with a view to determining the most appropriate measures to address existing wage differentials between men and women. The Committee further asks the Government to take concrete measures to ensure that the wages and allowances of working mothers are not reduced. The Committee asks the Government to provide full information on these matters.

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). It recalls the report of the high-level mission of the ILO which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the International Monetary Fund in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee recalls that section 4(1) of 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 provides that men and women shall be entitled to equal pay for the same work or for work of equal value. The Committee also 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 in the framework of the support mechanism in the area of wages and the related system of collective bargaining, social security and security of employment had an impact on the application of the Convention; (ii) the combined effect of the financial crisis, the growing informal economy and the implementation of structural reform measures adversely affected the negotiating power of women, and would lead to their over-representation in precarious low-paid jobs; and (iii) the minimum protection level, including wages of some workers, including domestic workers and workers in agricultural undertakings, excluded from the scope of the labour law protection, is being significantly weakened. The Committee notes the Government’s indication that the measures adopted for the reduction of undeclared work and social security reform do not affect equal pay for men and women, as the measures are adopted within the institutional framework of collective bargaining. The Government also indicates that a compulsory use of a payment format leads to wage protection, and the inclusion in the social security system of domestic workers and agricultural workers. In this connection, the Committee recalls the deep concern expressed by the high-level mission of the ILO particularly on the provisions of Act No. 4024/2011, empowering associations of persons to conclude collective agreements at enterprise level. The Committee refers to its comments under Convention No. 98, observing with deep concern that the changes, aimed at permitting deviations from higher level agreements through “negotiations” with non-unionized structures, are likely to have a significant – and potentially devastating – impact on the industrial relations system in the country, and deeply regretting that such far-reaching changes were made without full and thorough discussions with all the social partners concerned. The Committee asks the Government to indicate the impact of the structural reform measures taken in the framework of the support mechanism on the practical application of section 4(1) of Act No. 3896/2010, including how collective agreements give institutional guarantee to the principle of equal remuneration for men and women for work of equal value.

Impact on the gender pay gap in the public sector. The Committee recalls the information in the report of the high-level mission that Act No. 3986/2011 and Act No. 4024/2011 introduced and further defined the system of “labour reserve” in the core and wider public sector, which was likely to have an impact on female unemployment. The Committee notes the Government’s indication that Act No. 4024/2011 introduced a new pay-scale and a grading system, which according to the report of the high-level mission resulted in wage cuts of up to 50 per cent in certain cases. The Committee notes the Government’s indication that 783 civil servants had been put on pre-retirement suspension from work, and 445 public employees had been put in labour reserve, but no more detailed data disaggregated by sex is available. With a view to assessing the impact of the measures taken in the framework of structural reforms on the application of the Convention in the public sector, the Committee again asks the Government to collect and analyse statistical information, disaggregated by sex, on the distribution of men and women in the various occupations of the core and the wider public sector and the corresponding levels of remuneration, allowing an assessment of the evolution of the gender pay gap since 2009, as well as statistics for the number of male and female employees who have respectively been dismissed or who have been put in the “labour reserve”. The Committee also asks the Government to provide detailed information on the new public service statute, new job classification and wage scales and on the specific method that has been used for the evaluation of the different jobs with a view to ensuring the application of the principle of the Convention. Please collect and provide information on the distribution of female and male employees in the new job classification and wage scales of the public service.

Gender pay gap in the private sector. The Committee recalls that Act No. 3846/2010 on financial management and responsibility had institutionalized a range of flexible forms of employment including telework, part-time work, subcontracting by temporary employment agencies, rotation work, suspension of work, etc. The Committee also recalls its concern at the reportedly disproportionate impact of the legislative measures regarding flexible forms of employment on women’s levels of pay. The Committee notes the statistical information provided by the Government that, in 2011, 47.7 per cent of male workers earned €1,000–€1,599 (compared to 38.7 per cent of female workers), while 48.3 per cent of female workers earned €500–€999 (compared to 38.5 per cent of male workers), and 59.1 per cent of female part-time workers earned up to €499 (compared to 47.3 per cent of male part-time workers). 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). The Government also indicates that 84,419 rotation work contracts and 300,230 part-time contracts were signed in 2011. According to the Annual Report 2011 of the Office of the Ombudperson, in 2011, part-time work had increased by 73.25 per cent, rotation work in agreement with parties had increased by 193.06 per cent, while rotation work introduced unilaterally by employers had increased by 631.89 per cent compared to the year 2010. 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 rotation work contracts in 2011. The Committee further notes the Government’s indication that, given the small or very small size of the majority of enterprises, a job classification system pursuant to section 4(2) of Act No. 3896/2010 cannot be applied or can only be applied in a limited manner. The Committee again asks the Government to take the necessary measures to monitor the evolution and impact of the austerity measures on the remuneration of men and women in the private sector with a view to determining the most appropriate measures to avoid a widening of the gender pay gap and address existing wage differentials between men and women. To this end, the Committee also asks the Government to collect and provide comprehensive information on the following:

• (i) statistics disaggregated by sex, showing an evolution of the levels of remuneration of men and women in full-time and part-time employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected;
• (ii) the number of men and women, including working mothers returning from maternity leave, who have suffered from pay reductions due to a change in their working arrangements (forms of employment, i.e. part-time work, suspension of work, rotation work or subcontracting by temporary employment agencies) with an indication of the number of workers upon whom the employer has unilaterally imposed the conversion of full-time employment to rotation work or part-time work with lower pay; and
• (iii) information, disaggregated by sex, showing the level and evolution of wages of domestic workers and workers in agricultural undertakings.

Articles 2(2)(c) and 4. Collective agreements and cooperation with social partners. The Committee recalls section 29 of Act No. 3896/2010, which provides that the Government is obliged to encourage social dialogue concerning promotion of equality between men and women. It also recalls that, according to the report of the high-level mission, the basic reference wage in Greece is based on the national general collective agreement in force, and no other minimum wage setting mechanism exists. The Committee notes the Government’s indication that, pursuant to section 26 of Act No. 3896/2010, trade unions have to inform their members of the legislative and other measures taken to ensure compliance with the principle of equal pay and equal treatment between men and women, while employers have to assist trade unions in this process. Recalling that collective agreements have been a principal source of determining rates of remuneration, the Committee refers to its comments on Convention No. 98 and calls upon the Government to bear in mind that collective bargaining is an important means of addressing equal pay issues in a proactive manner, including unequal pay that arises from indirect discrimination on the ground of sex. The Committee also asks the Government to provide information on any cooperation with social partners in applying the principle of the Convention, including any activities to raise awareness of the principle of the Convention among workers, employers and their representatives, and the results thereof.

Enforcement. The Committee notes the Government’s indication that the authority of the Ministry of Labour and Social Security concerning the principle of equal pay for work of equal value is limited to detecting any violations in the minimum wage setting of the collective agreements, and that no violation has been detected in the collective agreements. The Committee recalls that the labour inspectorate is entrusted with supervision of the legislation on equality between men and women (section 2(2)(g) of Act No. 3996/2011), and notes the Government’s indication that there have been no complaints raised concerning equal pay for men and women, or detected by the labour inspectorate. The Committee also recalls that Act No. 3896/2010 strengthens the competencies of the Office of the Ombudperson to address gender equality, including equal pay, and to collaborate with the labour inspectorate, including during mediation, joint inspections and provision of advice. The Committee notes the Government’s indication that the labour inspectorate has to inform the Office of the Ombudperson of every complaint filed with it and the findings of the investigation conducted by it, pursuant to section 13(8) of Act No. 3896/2010. It also notes the Government’s indication that, pursuant to section 25(7) of Act No. 3896/2010, the Office of the Ombudperson may deal with cases pending before the courts until the first hearing, thereby encouraging victims of discrimination to lodge complaints before the Greek Ombudperson. The Committee refers in this regard to the comments made on the Labour Inspection Convention, 1947 (No. 81), and recalls the importance of adequate training programmes for labour inspectors to increase their capacity to prevent, detect and remedy instances of unequal remuneration between men and women. The Committee asks the Government to collect and provide information on the number and nature of cases regarding unequal remuneration addressed by the Office of the Ombudperson, including with the cooperation of the labour inspectorate, as well as information on instances of unequal remuneration between men and women detected and remedied by the labour inspectorate or addressed by the courts, and the results thereof.

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

The Committee notes the observations made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in communications dated 29 July 2010 and 28 July 2011, as well as the Government’s reply to the GSEE’s first communication, received on 16 May 2011. The Committee also 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 Equal Remuneration Convention, 1951 (No. 100). 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. The Committee recalls that in its 2010 observations the GSEE had expressed the view that the measures implemented in the framework of the structural reforms had an impact on the application of the Convention as they entail a far-reaching reform in the area of wages and the related system of collective bargaining, social security and security of employment, which could result in increasing discrimination in pay. The GSEE was also concerned that the combined effect of the financial crisis, the growing informal economy and the implementation of structural reform measures adversely affected the negotiating power of women, and would lead to their over-representation in precarious low-paid jobs. The GSEE further drew attention to the possible deterioration of wages of domestic workers and workers in agricultural undertakings, excluded from the scope of the labour law protection. 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, men and women, in flexible forms of employment, as well as those workers not protected by the labour law, including domestic workers.

The Committee notes the detailed information provided by the Government to the high-level mission on the range of legislative measures taken in the framework of the support mechanism since May 2011, notably Act No 3845 of 6 May 2010, Act No. 3846 of 11 May 2010, Act No. 3863 of 8 July 2010, Act No. 3899 of 17 December 2010, Act No. 3986 of 1 July 2011 and Act No. 3996 of 5 August 2011. It also notes the Act No. 3833 of 15 March 2010 on the “Protection of the national economy – Emergency measures to tackle the crisis”, adopted prior to the establishment of the support mechanism, and that on 27 October 2011, Parliament adopted Act No. 4024 of 27 October 2011 “Provisions concerning pensions, the common pay-scale and grading system [in the public sector], the labour reserve and other provisions for the implementation of the mid-term fiscal strategy 2012–15”. With respect to the effects of the abovementioned measures on equality of opportunity and treatment of men and women in the labour market in general, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Impact on the gender pay gap in the public sector. The Committee notes that the abovementioned measures taken in the framework of the support mechanism subsequently introduced substantial wage reductions 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. It notes the information in the report of the high-level mission that Act No. 3986/2011 and Act No. 4024 of 27 October 2011 introduce and further define the system of “labour reserve” in the core and wider public sector, and that pursuant to Act No. 4024/2011 the “labour reserve” is a form of retrenchment and concerns those employees who work in the public sector under private law contracts without limit of time, as well as those employees in public entities that had been affected by Act No. 4002 of 22 August, 2011 abolishing and merging a number of public entities. Employees placed in the labour reserve receive 60 per cent of the base salary for one year. The Committee notes from the information received during the high-level mission that in the public sector, wages have been reduced through legislative measures by at least 20 per cent, while taxation and social security contributions have increased. Pensions are also being reduced. The Committee also notes that according to 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 and that the measure of the labour reserve was likely to have an impact on female unemployment. The Committee further notes from the report of the high-level mission that Act No. 4024 of 27 October 2011 also introduced a new public service statute, a new job classification and a new harmonized wage scale resulting in wage cuts of up to 50 per cent in certain cases. With a view to assessing the impact of the measures taken in the framework of the support mechanism on the application of the Convention in the public sector, the Committee asks the Government to provide full information, disaggregated by sex, on the distribution of men and women in the various occupations of the core and the wider public sector and the corresponding levels of remuneration, allowing an assessment of the evolution of the gender pay gap since 2009, as well as statistics of the number of male and female employees who have respectively been dismissed or who have been put in the “labour reserve”. The Committee also asks the Government to provide information on the new public service statute, new job classification and wage scales and on the specific method that has been used for the evaluation of the different jobs with a view to ensuring the application of the principle of the Convention. Please collect and provide information on the distribution of female and male employees in the new job classification and wage scales of the public service.

Gender pay gap in the private sector. The Committee notes that Act No. 3846 of 11 May 2010 on “financial management and responsibility” institutionalized a range of flexible forms of employment including telework, part-time work, subcontracting by temporary employment agencies, rotation work, suspension of work, etc., while providing certain safeguards. The Committee notes from the high-level mission report that wages are reportedly reduced significantly through the replacement of fixed term employment contracts paid at the full rate, by part time, rotation and other flexible forms of employment with lower pay. According to unpublished data collected and provided by the labour inspectorate during the high-level mission, for the period January–September 2011, part-time work had increased by 5 per cent and rotation had increased by 12 per cent; rotation work introduced in agreement with the parties had increased by 430 per cent, while rotation work introduced unilaterally by the employer had increased 1,192.39 per cent in relation to 2010. On average, wage reductions in the private sector due to the introduction of various forms of flexible employment are, according to the labour inspectorate, approximately 30 per cent. The Committee notes from information by the Office of the Ombudsman received during the high-level mission, that women have been identified as the ones most often offered flexible forms of employment, notably part-time or rotation employment – which reduced wages. After the adoption of Act No. 3846/2010, part-time work had grown exponentially and in many cases, flexibility had been introduced without sufficient safeguards for the most vulnerable, or safeguards which had been introduced by law were not effectively enforced. Especially working mothers returning from maternity leave have been offered part-time and rotation work, reducing their levels of pay. While full statistical and sex-disaggregated data still have to be provided on the use of part time work, rotation work or flexible forms of employment, the Committee is nevertheless concerned at the reportedly disproportionate impact of the legislative measures regarding flexible forms of employment on women’s levels of pay. The Committee asks the Government to take the necessary measures to monitor the evolution and impact of the austerity measures on the remuneration of men and women in the private sector with a view to determining the most appropriate measures to avoid a widening of the gender pay gap and address existing wage differentials between men and women. To this end, the Committee also asks the Government to collect and provide comprehensive information on the following:

• (i) statistics disaggregated by sex, showing an evolution of the levels of remuneration of men and women in full-time and part-time employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected;
• (ii) the number of men and women, in particular working mothers returning from maternity leave, who have suffered from pay reductions due to a change in their working arrangements (forms of employment, i.e. part-time work, suspension of work, rotation work or subcontracting by temporary employment agencies) with an indication of the number of workers upon whom the employer has unilaterally imposed the conversion of employment with full pay to rotation work or part-time work with lower pay; and
• (iii) information, disaggregated by sex, showing an evolution of the wage levels of domestic workers and workers in agricultural undertakings.

Articles 2(2)(c) and 4. Collective agreements and cooperation with social partners. The Committee recalls the Government’s previous indication that it was promoting social dialogue and collective bargaining as a means of improving the remuneration in occupations and sectors predominantly employing women. The Committee notes that according to the GSEE the national general collective agreements had provided a fundamental institutional guarantee of equality between men and women as regards minimum standards of wages and conditions of work, and contributed significantly to restraining the gender pay gap in Greece. The Committee notes that the high-level mission took note of the important link between collective bargaining and wages and noted that the basic reference wage in Greece is based on the national general collective agreement in force. The Committee also notes that the high-level mission received information that sectoral agreements used to have provisions aimed at promoting equal pay for work of equal value. Recalling that collective agreements have been a principal source of determining rates of remuneration, the Committee refers to its comments on Convention No. 98 and calls upon the Government to bear in mind that collective bargaining is an important means of addressing equal pay issues in a proactive manner, including unequal pay that arises from indirect discrimination on the ground of sex.

Developments on equal pay legislation and enforcement. The Committee notes the Government’s indication that Act No. 3896/2010 transposing Directive 2006/54/EC of the European Parliament and the Council (Recast Directive) replaces the previous legislation regarding equality (Act No. 3488/2006 and Act No. 1414/1984) and enhances the principle of equal remuneration for men and women. The Committee recalls the need for effective enforcement of the legislation applying the Convention. The Committee notes that Act No. 3896/2010 strengthens the competencies of the Greek Office of the Ombudsman (Gender Equality Department) to address gender equality, including equal pay, and to collaborate with the labour inspectorate, including during mediation, joint inspections and provision of advice. The Committee notes from the Special Report of the Office of the Ombudsman on equal treatment of men and women in employment and labour relations (November 2009) that 25.99 per cent of the cases regarding unfair treatment related to pay. The Committee notes from the high-level mission report that the labour inspectorate is entrusted with supervision of the legislation on equality between men and women (section 2(2)(g) of Act No. 3996/2011), but does not appear to have the ability to address effectively equality cases. The Committee refers in this regard to the comments made on the Labour Inspection Convention, 1947 (No. 81) and recalls the importance of adequate training programmes for labour inspectors to increase their capacity to prevent, detect and remedy instances of wage inequalities between men and women. The Committee asks the Government to indicate on how it is working with the Office of the Ombudsman to monitor and ensure the application of the Convention, and the results achieved, and to collect and provide information on the number and nature of cases regarding pay discrimination between men and women handled by the Office of the Ombudsman, as well as information on instances of wage inequalities between men and women detected and remedied by the labour inspectorate and cases handled by the courts.

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

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

The Committee takes note of the Government’s report received on 18 November 2009 concerning 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. 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. 100 as they entail a far-reaching reform in the area of wages and the related system of collective bargaining, social security and security of employment, which could result in increasing discrimination in pay. According to the GSEE the national general collective agreements provided a fundamental institutional guarantee of equality between men and women as regards minimum standards of wages and conditions of work, and contributed significantly to restraining the gender pay gap in Greece. The GSEE is particularly concerned that the combined effect of the financial crisis, the growing informal economy and the implementation of austerity measures may have adverse or spillover effects on the negotiating power of women, particularly older and migrant women with respect to their terms of employment and type of work contract, and the over-representation of women and workers with family responsibilities in precarious low-paid jobs. Finally, the GSEE draws attention to the possible deterioration of wages of other categories of workers that are (wholly or partly) excluded from the scope of the labour law protection, such as domestic workers and persons working in agricultural undertakings.

The Committee recalls its observation and direct request of 2008 addressing issues relating to the assessment of the gender pay gap, its underlying reasons relating to occupational segregation and different educational choices of men and women, the promotion of objective job evaluation methods in the public and private sectors, general measures to address the gender pay gap in cooperation with workers’ and employers’ organizations and the General Secretariat for Gender Equality, the promotion of social dialogue, including collective bargaining, as a means to improve remuneration in occupations and sectors primarily employing women, and enforcement of the legislation applying the Convention.

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)

Public sector. The Committee recalls it previous comments regarding the classification in 18 different wage scales provided for under Law No. 3205/2003 establishing the basic earnings and benefits of civil servants, employees of public entities and local organizations. The Committee notes the Government’s indication that under the Act and relevant collective agreements remuneration is established on the basis of the workers’ level of education, qualifications and years of service, taking into account the peculiarities of the workplace and the type of work performed. The Committee nevertheless asks the Government to indicate whether, in establishing job classifications and wage scales for the civil service and for public employees, any specific method for the evaluation of the different jobs is being used with a view to ensuring that tasks traditionally performed by women are not undervalued. Please also continue to provide statistical information on the distribution of men and women in the different salary scales and the corresponding wages.

Enforcement. Parts III to V of the report form. The Committee reiterates its request for information on the specific activities carried out by the Labour Inspectorate and the General Accounts Office of the Ministry of Economy and Finance with a view to monitoring the application of the legislation applying the Convention.

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

Assessment of the gender pay gap. The Committee notes that according to the statistical information provided by the Government on the earnings of men and women in the public sector for the second quarter of 2005, 69 per cent of the employees earning a wage inferior to €750 and 48.55 per cent of the employees gaining more than €750 were women. As to the private sector, the Committee notes that these percentages were 66.6 per cent and 37.7 per cent, respectively. According to Eurostat data, the gender pay gap (average gross hourly earnings) was 10 per cent in 2006 compared to 9 per cent in 2005. According to the Government’s report the main reasons underlying the gender pay gap relate to occupational segregation based on sex and to different educational choices made by men and women. The Committee asks the Government to continue to provide detailed information on the earnings of men and women in the private and the public sectors, as well as its analysis of the existing gender pay differentials and the evolution thereof.

Articles 1, 2 and 3 of the Convention. Legislative developments. The Committee notes that section 5(1) 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 provides that men and women are entitled to equal remuneration for work of equal value. Section 5(2) defines remuneration in accordance with Article 1(a) of the Convention. Section 5(3)(a) provides that where a job classification system is used for determining pay, this system must be based on common criteria for both men and women and be drawn up so as to exclude any discrimination on the grounds of sex. In addition, section 5(2)(b) requires that the principle of equal treatment and non-discrimination on the grounds of sex or family status must be respected in the context of a performance appraisal impacting on the workers’ promotion and earnings. The Committee asks the Government to provide information on the measures taken to promote the full implementation and enforcement of section 5 of Act No. 3488/2006. In this regard, the Committee asks the Government to provide information on any judicial or administrative decisions concerning section 5. With respect to section 5(2)(b) of the Act, the Government is asked to provide information on the measures taken to promote the development and use of objective job evaluation methods that are free from gender bias, as envisaged under Article 3 of the Convention, with a view to ensuring that job classification systems are established in accordance with the principle of equal remuneration for men and women for work of equal value.

Articles 2, 3 and 4. Other measures to address the gender pay gap. The Committee notes that the Government intends to address the gender pay gap through measures to promote equality of opportunity and treatment of men and women in the labour market, including measures to address vertical and horizontal occupational segregation, such as vocational guidance. The General Secretariat on Equality, the most representative employers’ organizations and the Hellenic Corporate Social Responsibility Network signed a Protocol of cooperation to promote equal opportunities for women. The report also states that the Government promotes social dialogue and collective bargaining as a means of improving the remuneration in female-dominated occupations and sectors. The Committee further notes the Government’s indication that none of the collective agreements in force in Greece have been found to contain provisions violating the right to equal remuneration. The Committee asks the Government to indicate whether there are any collective agreements that promote and facilitate equal remuneration for men and women for work of equal value, including equal pay mapping, targets for reducing the gender pay gap, or objective job evaluation. Similarly, the Committee asks the Government to indicate whether any such measures are being promoted under the abovementioned Protocol of Cooperation. It also reiterates its request to the Government to provide information on the concrete results achieved by the equal pay projects carried out by the General Secretariat on Equality and the Centre for Equality Issues, as noted in the Committee’s previous comments. In addition, the Committee asks the Government to provide statistical information on the progress made in improving the wages in female-dominated sectors of the economy.

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. The Committee notes the Government’s request for clarification concerning the reference in the Committee of Expert’s previous observation to information received from the United Nations Committee on the Elimination of Discrimination against Women (CEDAW). In fact, these comments referred to the concerns expressed in its public report (A/57/38, 2002, page 187, paragraph 283) by CEDAW “about the persisting wage gap between women and men, and that women are paid lower salaries than men for the same work and work of equal value”. CEDAW had also urged the Government “to accelerate the elimination of the wage gap between women and men” (A/57/38, 2002, page 187, paragraph 284). The Committee of Experts continues to share CEDAW’s concerns and hopes that the Government will reinforce its efforts to reduce the gender pay gap through a wide range of measures, including combating horizontal and vertical occupational sex segregation, and to keep the Committee of Experts informed of the measures taken or envisaged.

2. Article 2(a) of the Convention. Legislation applying to public employment. The Committee notes from the Government’s report that Law No. 3205/2003 establishes the basic earnings and benefits of civil servants, employees of public entities and local administration organizations without discrimination between men and women. It also notes the Government’s statement that the classification into 18 salary scales provided for under the new Law are based on the qualifications required and not on the employee’s sex. The Committee asks the Government to provide more detailed information on the manner in which the new salary scales for the public sector have been developed including, in particular, indications on whether an objective evaluation of the different jobs involved has been undertaken, as envisaged under Article 3 of the Convention. The Committee would also be grateful if the Government could supply statistical information on the distribution of men and women in the different salary scales and the corresponding wages, as already requested in its previous direct request.

3. Article 2(c). Collective agreements. The Committee recalls its previous comments in which it has sought information from the Government on the methodology used in wage setting through collective bargaining to avoid gender biases. In this regard, the Government’s report once again states that no collective bargaining agreement makes any distinction based on sex. The Committee nevertheless notes that the absence of any directly discriminatory elements in collective bargaining agreements does not per se ensure the full application of the Convention. It stresses that collective bargaining is an important means of addressing equal pay issues in a proactive manner, including unequal pay that arises from indirect discrimination on the ground of sex. The Committee therefore hopes that the Government, in cooperation with the social partners, will make every effort to promote equal pay in the context of collective bargaining and to provide the Committee with information on any measures taken or envisaged. The Committee once again asks the Government to provide examples of collective agreements, which were referred to in its report but not attached.

4. Article 3. Objective job-evaluation methods. The Committee asks the Government to provide information on any measures taken to promote the development and use of objective job evaluation methods which is envisaged under the Convention as the method to determine remuneration in accordance  with the principle of equal remuneration for men and women for work of equal value.

5. Parts III to V of the report form. Enforcement. The Committee asks the Government to provide in its next report information on the specific activities carried out by the Labour Inspectorate and the General Accounts Office of the Ministry of Economy and Finance with a view to monitoring the application of the legislation applying the Convention. Please indicate the number and nature of any infringements found and the manner in which they have been addressed, as well as any court cases involving issues concerning equal remuneration for men and women for work of equal value.

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

In its previous observation, the Committee noted that the General Secretariat on Equality had been participating in a number of activities and studies within the context of the European Union’s efforts to promote equal remuneration and that, together with the Centre for Equality Issues (KEOI), it had elaborated the programmes entitled “Equal Remuneration and the Role of the Social Partners in Collective Bargaining”, “Mind the Equal Pay Gap” and “Towards Closing the Equal Pay Gap”, which were carried out between 2001 and 2003. The Committee reiterates its request to the Government to provide more detailed information in its next report on the specific activities carried out under these programmes, including copies of the studies referred to, as well as an indication of the manner in which these programmes have contributed to a reduction in the pay gap between men and women and to the promotion of equal remuneration for men and women for work of equal value in both the public and private sectors. Noting further that the Government has not yet replied to the Committee’s repeated requests for statistical information on the earnings of men and women in the public and private sectors, in accordance with its 1998 general observation on the Convention, the Committee urges the Government to supply such information in its next report.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation, the Committee notes the information provided in the Government’s report and the attached legislation.

1. The Committee notes that the Law No. 2470 of 21 April 1997 on the Modification of the Salary Scales in the Public Administration and Other Relevant Provisions modifies the classification system in the public service into 36 salary scales. The Committee would be grateful if the Government could supply statistical data on the distribution of men and women in these different salary scales and their corresponding wages.

2. The Committee notes the collective agreements negotiated in the public service and thanks the Government for providing this information. It notes in particular that section 2 of the Collective Agreement of 2001 on the Terms and Conditions of Work of Licensed Engineers working in the Public Sector, Legal Persons of Public Law and Organizations of Regional Administration under a Contract of Public Law sets up a committee to review the annual wage situation, including all allowances, of civil service engineers, the conclusions of which will be submitted to a Special Commission in charge of examining the new remuneration system in the public service. Similarly, it notes that section 1 of the Collective Agreement of 2001 on the Terms and Conditions of Work of Salaried Employees in the Civil Service of the Prefectures of the Country establishes a working group that will analyse and report on the wages of all workers and employees, assess the current data and also submit them to the abovementioned Special Commission. The Committee asks the Government to provide information on the results of these wage reviews as well as on the progress made by the Special Commission on the development of a new remuneration system in the public service and to indicate the manner in which it takes account of the principle of equal remuneration for men and women for work of equal value.

3. With reference to its previous request for information on the methodology used in wage setting, through collective negotiation or otherwise, to avoid gender biases in the process, the Committee notes that the Government merely states that sex stereotyping does not occur in the wage negotiating process. The Committee asks the Government to provide copies of collective agreements that set wages in the private sector as well as information on how wages are set otherwise, in order for the Committee to assess the manner in which sex bias is able to be eliminated.

4. With reference to its previous comments on the vocational training programmes financed by the European Social Fund, the Committee notes that the Government does not provide a specific reply on how the activities of these programmes impact on the employment and earnings levels of women. It asks the Government to provide this information in its next report.

5. The Committee notes that the General Secretariat on Equality of the Ministry of Interior, Public Administration and Decentralization has to guarantee the rights of men and women and to protect them against discrimination. The Committee asks the Government to indicate in its next report on the manner in which the Secretariat on Equality is involved in the supervision of any wage discrimination complaints submitted to the Ministry of Interior and Public Administration. Please also provide information on any complaints submitted and the manner in which complaints have been dealt with and the sanctions applied.

6. The Committee is bound to reiterate its request to the Government to supply statistical data for both the public and private sectors in accordance with its 1998 general observation on the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information in the Government’s report.

1. In its previous observation, the Committee had noted the Government’s indication that there was no need to study equality of remuneration because remuneration was fixed through the General Collective Labour Agreement and sectoral agreements, unequal wages for the same work were formally prohibited and no discrimination on the ground of sex existed. At the same time, the Committee had also noted the information received from the United Nations Committee on the Elimination of All Forms of Discrimination Against Women highlighting the continuing pay gap between women and men and the fact that many of the new jobs occupied by women provide only low pay and limited career prospects. It had asked the Government to consider conducting studies on the position of men and women in the labour market, the extent of pay differentials, and the factors which perpetuate pay differentials between men and women in both the formal and informal economies in order to allow appropriate measures to be taken to improve the application of the Convention.

2. The Committee notes that the Government states in its reply that equal remuneration of men and women for equal work constitutes a political priority. It also notes the Government’s statements regarding the application of the existing legislation providing for gender equality and non-discrimination in the private and public sectors, the fact that fixing of wages takes place through the General Collective Labour Agreement and that no wage fixing methods in the public sector are based on prejudices in respect of the respective roles of men and women. The Committee notes that, in addition, the Government indicates that the General Secretariat on Equality has been participating in a number of activities and studies within the context of the European Union’s efforts to promote equal remuneration and that, together with the Centre for Equality Issues (KEOI), it elaborated the programmes entitled "Equal Remuneration and the Role of the Social Partners in Collective Bargaining", "Mind the Equal Pay Gap" and "Towards Closing the Equal Pay Gap" carried out between 2001 and 2003. The Committee asks the Government to provide more detailed information in its next report on the specific activities carried out under these programmes, including copies of the studies referred to, as well as an indication of the manner in which these programmes have contributed to a reduction in the pay gap between men and women and the promotion of equal remuneration for men and women for work of equal value in both the public and private sectors.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the attached documentation.

1. The Committee notes that the Government’s report indicates that Act No. 2738/99 ensures for public officials the right to bargain collectively on conditions of employment. Moreover, the Committee notes that the new Code on the Conditions of Service of Officials and Employees of the Public Administration and Public Entities expressly provides in section 46(4) the right of trade unions to bargain with the competent authorities on the remuneration of their members. The Committee asks the Government to supply any relevant collective agreements negotiated in the public service. It also asks the Government to provide a copy of Act No. 2470/1997.

2. The Committee asks the Government to provide information on the methodology used in wage setting, through collective negotiation or otherwise, to ensure that sex stereotyping or other such gender bias does not enter into the process.

3. The Committee notes with interest the information provided by the Government in response to its request on the vocational training programme financed by the European Social Fund and asks the Government to indicate the impact of these activities on the employment and earnings levels of women.

4. The Committee notes from the Government’s report that the Labour Inspectors and the Services of the Ministry of the Interior and Public Administration are entrusted with the supervision of the application of the legislation relating to the content of the Convention. In this regard, the Committee asks the Government to provide information on how equal pay is supervised, including information on the methods used, the existence of complaints and the manner in which complaints have been dealt with including any remedies and sanctions applied.

5. The Committee asks the Government to supply statistical data for both the public and the private sectors in accordance with its 1998 general observation on the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the attached documentation.

The Committee notes the Government’s reply to its previous comment indicating the lack of any need for the Government to study equality of remuneration because remuneration is fixed through the General Collective Labour Agreement as well as sectoral agreements, unequal wages for the same work are formally prohibited, and no discrimination on the ground of sex exists. At the same time the Committee notes that in the second and third periodic reports under the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the Government recognized the existence of a significant earnings gap between men and women in all sectors with reference to the period 1985-93. The Committee also draws the attention of the Government to the concluding observation on these reports (1999) formulated by the United Nations Committee on the Elimination of All Forms of Discrimination against Women, which noted positive trends in the employment situation of women, but also expressed concern about their situation in the formal and informal labour market, highlighting the "continuing pay gap between women and men". Moreover, it has expressed its concern that "many of the new jobs occupied by women provide only low pay and limited career prospects". This Committee has repeatedly emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address the pay gap between men and women, which exists to some extent in all countries (see General Report, 2001, paragraphs 36-50). The Committee asks the Government to take into consideration the possibility for the General Secretariat for Equality to conduct studies on the position of men and women in the labour market, the extent of pay differentials, and the factors which perpetuate pay differentials between men and women in both formal and informal sectors in order to enable appropriate measures to be developed and implemented to promote equal pay for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report.

1. Concerning its request for information on the activities relevant to the application of the Convention carried out by the National Institute of Labour created in 1993, the Committee notes the Government's statement that the Institute has not yet been asked to carry out any research on equal remuneration. The Committee further notes the Government's statement that there has been no need for the Economic and Social Committee, established in 1994, to give its advice on matters concerning equal remuneration, since remuneration is determined through bilateral collective bargaining under the supervision of the Ministry of Labour and Social Security. The Committee understands that the General Secretariat for Equality had begun a study, some years ago, to explore ways of ensuring that equal pay legislation is respected in practice. The Committee requests the Government to provide information on the progress and findings of this study. The Committee further requests the Government to keep it informed about any work done by the above-mentioned bodies in relation to the application of the Convention.

2. With regard to the special fund for vocational training and educational programmes and the national vocational guidance centre established under the Act No. 2224 of 1994, the Committee notes the Government's statement that this information is unrelated to Convention No. 100. The Committee, however, points out that pay differentials can often be ascribed to occupational segregation and productivity-related differences in human capital acquired through education and training. In this regard, Paragraph 6(a) of the Equal Remuneration Recommendation No. 90 advocates appropriate action to raise the productive efficiency of women workers by ensuring equal or equivalent facilities to vocational training and guidance. The Committee recalls the Government's statement in its 1992 report that the General Secretariat for Equality organized in 1991 a vocational training programme for women financed by the European Social Fund. The Committee therefore requests the Government to indicate the efforts being undertaken or envisaged to ensure that the programmes carried out under the fund, and by the national vocational guidance centre, broaden the job horizons for women by offering, for example, special training courses for women and encouraging them to consider a wider range of training and employment opportunities as well as by taking into account the unique training needs of women who return to paid employment after a break.

3. In reply to the Committee's request for information on the activities of the National Employment Organization relevant to the Convention, the Committee notes the Government's statement that, within the framework of the community initiative "EMPLOYMENT", the programme of subsidies to enterprises to hire unemployed persons and the programme of subsidies to new liberal professionals provide for the same amount of subsidy for men and women. The Committee requests the Government to continue to provide information on initiatives that contribute to the achievement of equal pay between men and women for work of equal value.

4. In the past, the Government had furnished information on complaints submitted to the Labour Inspectorate or the General Secretariat for Equality concerning the principle of equal remuneration incorporated in Act No. 1414 of 1984. The Committee would be grateful if the Government would continue to provide this information in its future reports. The Committee also draws the attention of the Government to its general observation on this Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report and attached documentation, including the National General Collective Agreement (1996-97). It also notes with interest the Government's statement that certain measures have been taken not only with respect to the provisions of the Convention, but also with regard to the Equal Remuneration Recommendation, 1951 (No. 90).

1. The Committee notes that a National Institute of Labour was created in 1993 (by Act No. 2150 of 1993) to, inter alia, undertake study and research on work, not only as a means of providing a livelihood but also as factors in production and social progress; to study and research the supply and demand of occupations and specialities in accordance with the medium and long-term prospects of the labour market; to monitor the characteristics and analyse the structures of vocational training; to organize, finance and implement vocational training and further training programmes with a view to planning, managing and controlling the activities of the European Social Fund mainly concerning matters relating to labour, employment and income; and to create a database and a documentation system concerning national, European, and international legislation, jurisprudence and bibliographical material. The Committee requests the Government to provide, in its future reports, information concerning any work undertaken by the Institute which is relevant to the application of the Convention.

2. The Committee notes with interest the adoption of Act No. 2224 of 1994 - dealing with the regulation of labour, trade union rights, occupational health and safety, and the organization of the Ministry of Labour and other bodies - which establishes a special fund for vocational training and educational programmes and sets up a national vocational guidance centre. It further notes the establishment of the Economic and Social Committee, by Act No. 2232 of 1994, which is charged with considering labour relations, social insurance, taxation and the socio-economic policy, in general. The Committee asks the Government to report on any measures taken as a result of these initiatives which have an impact on the application of the Convention. Please also furnish information on the activities of the National Employment Organization which, in subsidizing new jobs for women and in assisting women to exercise a liberal profession through general employment programmes and programmes targeted to particular social groups, does - according to the Government - contribute to the application of the Convention.

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

With reference to its previous direct requests, the Committee notes the information supplied in the Government's report and the attached documents.

1. The Committee notes that the classification of jobs into occupational categories is based on an objective evaluation of the tasks that the jobs involve, and not the personal characteristics of the workers. With reference to its previous comments, the Committee once again asks the Government to provide details of the methods and criteria used in carrying out such an evaluation. Please refer in this connection to paragraphs 138 to 150 of the Committee's 1986 General Survey on Equal Remuneration.

2. With regard to wage fixing for the public administration, the Committee notes that the Government's report contains no reply to its request for information on the methods used in classifying the personnel in question in occupational categories, and the criteria used to assess the value of work for the purposes of applying the principle of equal remuneration, in accordance with Article 3 of the Convention. The Committee is bound to repeat its request in the hope that the next report will contain all the information asked for.

3. The Committee notes that, for the period 1989 to 1991, 15 complaints concerning cases of non-observance of the principle of equal remuneration were recorded by the General Secretariat for the Equality of the Sexes, and that five of them were settled to the satisfaction of the complainants. The Committee would be grateful if the Government would continue to provide information of this kind on the activities of the General Secretariat for the Equality of the Sexes and the activities of the labour inspection services as they relate to the Convention, and on the measures taken to cooperate with the social partners to ensure the effective application of the principle of equal remuneration.

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

1. The Committee notes the information supplied by the Government in reply to its previous comments, and has also examined the collective agreements applicable to workers in the tobacco, textile and hotel industries (copies of which were supplied by the Government). The Committee notes with interest that by virtue of these collective agreements, workers are classified by occupational category and that the wage rates applicable to each category are equal for men and women workers without distinction on grounds of sex. The same is true for the various other emoluments that are additional to wages, such as marriage allowances, child allowances, holiday pay, etc. The Committee also notes Ministerial Decisions Nos. 11855/88 and 12756/89, communicated with the reports, publishing the section of the general collective agreements for 1988 and 1989 concerning minimum wages, and it requests the Government to supply the complete text of these agreements or of the most recent general collective agreement.

2. Under section 4, paragraph 3, of Act No. 1414 of 1984 on the application of the principle of equality of the sexes in employment relations, the classification of jobs for purposes of fixing the amount of remuneration must be based on the same criteria for men and women workers. The Committee requests the Government to indicate whether the classification of jobs into occupational categories was made on the basis of an objective appraisal of jobs on the basis of the work to be performed (and not on the personal characteristics of the workers), in accordance with Article 3 of the Convention and, if so, to supply details on the methods and criteria used for this appraisal. The Committee requests the Government to refer in this connection to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration.

3. As regards the public administration, the Committee has examined Act No. 1505 of 1984 respecting the revision of the wage scale for staff in the public administration, and notes with interest that these wages are determined without distinction on grounds of sex according to the occupational categories concerned. The Committee requests the Government to indicate also the methods that were used to classify the staff concerned into occupational categories, and the criteria on which the equal value of the work was established for the purposes of applying the principal of equal remuneration, in accordance with the Convention and national legislation.

4. The Committee also notes from the Government's statements that, during the period covered by the reports, no complaints have been made to the General Secretariat for Equality concerning cases of non-application of the principle of equal remuneration, but that a number of cases of violation of the principle have been reported to the labour inspection services. The Committee requests the Government to continue supplying information on this subject, and on other measures that are taken with the social partners in order to guarantee the effective application of this principle.