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

Individual Case (CAS) - Discussion: 1995, Publication: 82nd ILC session (1995)

A Government representative of Greece recalled the efforts made by her Government during the last years to modify the legislation to bring it in line with the provisions of ratified Conventions, taking into account the observations made by the Committee of Experts. In reply to the Committee's request inviting the Government of Greece to provide information on the situation, the Government representative dealt successively with the three points raised in the Committee's report.

Concerning the determination of the minimum service to be provided in the event of a strike in the public services, article 2 of Act No. 2224 of 1994, in force since October 1994, empowered the social partners the right to negotiate an agreement on the designation of security staff and the staff required to provide the minimum service in the event of a strike. In case of a disagreement between the social partners, the matter was referred to mediation and, in the event of the failure of mediation, the matter was brought before a permanent bipartite (employers-workers) Commission presided over by a judge responsible for arbitration.

With respect to the finances of trade union organizations, Act No. 1915 of 1990, which was the subject of the complaints made by the General Confederation of Greek Workers (GSEE), was amended by Acts Nos. 2091 of 1992 and 2224 of 1994. In conformity with the latter Act and with the ministerial decision No. 50262 of 17 March 1995, the GSEE and its member organizations (professional federations and departmental unions "Ergatika Kentra") received from the "Foyer ouvrier" finances for their operational costs, such as rent, remuneration of staff, costs of organization of election congresses, etc. The amount of these allocations to trade unions was calculated in proportion to the number of their voting members. As to the first level organizations representing less than 500 members, they could also benefit from subsidies after consultation with the GSEE. The administrative council of the "Foyer ouvrier" was a tripartite body which constituted a real guarantee of objectivity and transparency.

Concerning the freedom of association of seafarers, the Pan-Hellenic Federation of Seafarers was functioning freely and independently of the Government. The Government acted to suppress the exclusion of seafarers from the application of Act No. 1264 of 1982. Moreover, the seafarers' trade unions, the shipowners and the Government were engaged in dialogue and the Ministry of Labour made all the necessary efforts to ensure that seafarers could benefit from the same trade union freedoms as other workers.

In addition, in Greece, in agreement with the social partners, the Economic and Social Committee had been created recently on which were represented all the organizations concerned. It was a consultative institution chaired by a person enjoying the full confidence of the employers' and workers' organizations, and the role of which was to give opinions on all the questions relating to the economic and social life of the country.

The Employers' members thanked the Government representative for providing information on all the three points raised in the report of the Committee of Experts. With respect to the determination of the minimum service to be provided in case of strikes in the public services and the risk of financial interference by the State in trade union affairs, the Experts had taken note of the legislative modifications introduced by Acts Nos. 2091 of 1992 and 2224 of 1994, and had not expressed any precise criticisms in this respect. Therefore, the Employers' members considered that these questions were settled.

As regards the third point, namely the freedom of association of seafarers, the Experts strongly regretted that this problem had not yet been definitely solved. The Government representative here had confined her comments strictly to the general observations that a consensus had to be reached between the interested parties. For the Employers' members, therefore, this question had been left open and they expressed the hope that it would also be solved.

The Workers' members had recalled the negative and positive changes in the trade union situation in Greece over the last decades as well as the observations made by the Committee of Experts for many years and the conclusions of the Committee on Freedom of Association in Cases Nos. 1584 and 1632. The Committee of Experts had noted in its last report the modifications introduced by Act No. 2224 of 1994 and the Government representative had recalled these amendments and provided details. On the designation of security staff and the staff required to cope with the essential needs of the life of the community in the event of a strike, the new system placed the accent on the collective negotiations between the social partners. The Workers welcomed this development, stressing that the right to strike was a fundamental aspect of freedom of association, as the Committee of Experts had reaffirmed in its General Survey of last year. As to what concerned the independence of trade unions in their finances, the same Act modified the Act of 1990 which had a negative effect on the internal financial management of trade unions.

Finally, as to the question of freedom of association of seafarers, the Workers' members had noted the information provided by the Government representative, according to which this problem would be solved. Therefore, they requested the Government to provide detailed reports on the decisions taken and on the development of the situation in the light of the observations made by the Committee of Experts.

The Workers' member of Greece recalled that if after the adoption of Act No. 1915 of 1990 the situation was very unfavourable for Greek workers, it had since developed in a positive manner. Workers could negotiate collectively with the employers' organizations on a completely normal basis. Moreover, new laws were adopted that had already been referred to by the previous speakers. There was however scope for further improvements, particularly as to what concerned the guarantees to be provided for the sustainability of this system irrespective of the government in power.

Concerning the problem of seafarers, this problem had existed for many years due to the particularity of this category of workers. The General Confederation of Greek Workers had never accepted that seafarers were excluded from the application of the legislation which covered other categories of workers. This question concerned first of all the Seafarers' Federation which was a member of the Confederation and functioned in a free and democratic manner. The Seafarers' Federation had participated and voted at the last congress held by the General Confederation of Greek Workers in March, thus having the possibility to elect its activists to the Direction of the Confederation with the promise that its statute would be modified and brought into conformity with the relevant legislation. The speaker expressed the hope that legislation covering land-based workers would be fully applied to seafarers and port workers.

The Government representative stated that she would make a report to her Government with the aim of providing next year precise and detailed information on developments in the situation.

The Committee noted the oral information supplied by the Government representative as well as the discussion which took place thereafter. The Committee also noted with interest that some positive developments had taken place in the legislation in relation to the agreed determination of minimum services to be provided for in the event of strikes in public services and in respect of the question of finances of trade unions.

However, the Committee noted that for a number of years the Committee of Experts had referred to the exclusion of seafarers from the legislation of 1982 and 1990 concerning trade unions. The Government, in its report to the Committee of Experts, had stated that the trade union status of seafarers had to be the subject of a broad consensus of the parties. Having noted this, the Committee felt that the future in regard to this issue was still unclear and that freedom of association should be guaranteed to seafarers in a sustainable fashion.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

The Government has communicated the following information.

(a) Collection of trade union dues

With regard to the collection of trade union dues, it should be recalled that the proposals made by the General Confederation of Labour of Greece (CGTG), mentioned in the Government's statement to the Conference Committee in 1987, had not resolved the problem, since the proposals had called for a Temporary Executive Decree to set a compulsory, fixed amount of dues; this would have robbed the parties concerned of their right to fix such an amount freely, as for example by collective bargaining.

Since the Government could not consider adopting an Executive Decree of this type, it then addressed a new letter to the most representative organisations to ask for their viewpoints on an other plan for a decree. Up to now, the CGTG has not made any observations on this. Following the 25th Panhellenic Congress of the CGTG and the naming of an administration representing all trade union sectors, the Minister of Labour once again, on 27 April 1988, requested the new CGTG administration to submit observations as quickly as possible. As soon as the Government has received these observations, it will draw up a final version and issue the Executive Decree, in order to find a final resolution the problem of trade union dues deductions. The Government will keep the Committee informed of developments on this issue.

(b) Seafarers

As to freedom of association for seafarers, the Minister of Merchant Shipping, who has been given the task of democratising the trade union movement, has set up a special commission which has drawn up a Bill on democratisation of the seafarers' trade union movement and the strengthening of their freedom of association. The Bill was communicated some time ago to the interested parties in an effort to learn their views. Following reminders by the competent branch of the Merchant Shipping Ministry, the two principal organisations (the Greek Shipowners' Union, EEE, and the Panhellenic Maritime Federation, PNO) sent their replies, which are now being examined.

(c) Clause restricting the right to strike

In regard to the Committee of Experts' observation which refers to the amendment of section 4 of Act No. 1365 of 1983, the Government points out that this section was repealed by section 1 of Act No. 1766 of 1989 concerning repeal of section 4 of Act No. 1365 of 1983 (Official Gazette, No. 61, Part A, of 4 April 1989). This section having been repealed, the specific provisions on labour disputes, and therefore the period of notice for strikes, have been suspended and the organisations of workers employed in socialised enterprises should henceforth follow the procedures set forth in the general provisions of sections 19 to 22 of Act No. 1264 of 1982.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

1. Collection of union dues. The proposals of the most representative trade union organisations concerning the deduction and repayment by employers of dues of trade union members under section 6(2) of Act No. 1264 of 1982 have already reached the Ministry of Labour. The responsible department of the Ministry is drafting a Presidential Decree which will be adopted shortly to resolve once and for all the question of collection of union dues.

2. Seafarers. As for progress in the adoption of a Bill on democratisation of the seafarers' union movement, the two most representative organisations of employers and workers, viz. the Panhellenic Maritime Federation and the Greek Shipowners' Union, have not yet made their comments to the Ministry of the Merchant Marine; the Bill was drafted by a special joint committee including shipowners, seafarers and officials of the responsible Ministry, and was in fact sent to the organisations in question a long time ago. The Ministry of the Merchant Marine has again taken the necessary steps and hopes to submit the Bill to Parliament for enactment in the near future.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations provided by the Greek General Confederation of Labour (GSEE) received on 30 August 2019, and the Government’s reply thereto, as well as its reply to the GSEE observations of 31 August 2018. The Committee further notes the detailed observations provided by the GSEE and those received from the Hellenic Federation of Enterprises (SEV), both received on 31 August 2021.

The Committee notes that the Government’s report received just prior to its meeting in November, does not respond directly to the concerns raised respectively by the GSEE and by the SEV but indicates that it will do so in due course. The Committee therefore requests the Government to reply in detail to these observations and in particular to the points raised below.

Article 2 of the Convention. Right of workers to form and join organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government that Law 4635/2019 establishes the Register of Trade union Organizations and Employers' Organizations in the ERGANI information system of the Ministry of Labour and Social Affairs in accordance with the General Data Protection Regulation. The Committee also notes the GSEE and the SEV information that the legal framework for industrial relations in Greece was further modified in June 2021 by Law 4808/2021. Among other things, Law 4808 sets out the specifics for the registration of trade unions in section 83 making registration a precondition for the ability to negotiate and for trade union protection. The Committee notes that the SEV considers this provision to be an important step in modernizing the trade union movement, ensuring transparency and real representativeness of trade unions. The GSEE on the other hand considers that this legislation introduces additional anti-union measures on top of those already imposed under the Memoranda of the International Monetary Fund (IMF), the European Commission (EC) and the European Central Bank (ECB), imposing compulsory trade union registration as a precondition for the exercise of trade union rights (including trade union leave, protection against dismissal, collective bargaining and the exercise of the right to strike). The Committee trusts that the establishment of the electronic registry does not interfere with the rights of workers’ and employers’ organizations to form and join the organization of their own choosing and requests the Government to provide detailed information on the practical application of this new process, including the number of organizations registered following its introduction and, if applicable, the reasons for refusal to register any organizations.

Digital platform workers. While duly noting the GSEE concern that the legislation tends toward a presumption of non-dependent employment relationship for digital platform workers, the Committee notes with interest that, as regards freedom of association, the Law provides trade union rights also for those with independent contractor status, including the right to organize, to bargain collectively and to strike.

Article 3. Right of all workers’ and employers’ organizations to organize their administration and activities. The Committee notes that SEV welcomes the introduction in Law 4808/2021 of the provisions for remote participation and voting in a general assembly of members, which it considers to be a step towards modernizing the trade union framework. The GSEE, however, raises concern that the mandatory use of new digital technologies for trade unions has not legislated procedural guarantees for the access for all organizations to an adequate uniform digital voting system that ensures the individuality and secrecy of the ballot. The Committee requests the Government to provide information on the implementation of these provisions and any impact that they may have on the right of all workers’ and employers’ organizations to organize their administration and activities free from interference.

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

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

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

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

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

The Committee further notes the detailed observations provided by the Greek General Confederation of Labour (GSEE) dated 31 August 2016 and 31 August 2017 generally concerning the state of play of labour norms and rights in Greece, 2010–17, the impact of the measures in the framework of the country’s stability programme and memorandum of understanding conditionality, and in particular specific observations in relation to the application of the Convention. The Committee expresses its firm expectation that the Government will provide detailed information in reply to the GSEE observations and on all the matters raised in the Committee’s previous comments for its consideration at its next meeting.

In its previous comments, the Committee had noted the observations by the International Trade Union Confederation (ITUC) received on 1 September 2014. The Committee recalls that the observations of the ITUC concerned clashes with the police forces during a protest action in a shipyard, followed by the arrest of workers and charges against 12 trade unionists, and once again requests the Government to provide its comments thereon. The Committee had also noted the observations received on 19 November 2014 from the International Transport Workers’ Federation (ITF) and the Panhellenic Seamen’s Federation (PNO) concerning an imminent trial for participation in a general strike in 2013 and once again requests the Government to provide its comments thereon.

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that in its previous comments it had requested the Government to reply to the concerns that had been raised by the GSEE in relation to the closure of the Workers’ Housing Organization (OEK) and the Workers’ Social Fund (OEE). The Committee had noted the Government’s indication that the Organization for Mediation and Arbitration (OMED) had become the full successor to all rights and obligations of these two bodies. It had further noted with interest that in 2013 the annual financial support for trade unions resumed and a Joint Ministerial Decision was issued in 2014 on coverage for trade unions and the Institute of Labour of the GSEE which, according to the Government, was aimed at assisting the collective organization and action of the labour force with a view to improving their living standards and provides various subsidies to trade unions. The Committee requests the Government to provide its comments on the latest observations of the GSEE in relation to the representation and activities of the OMED.

[The Government is asked to reply in full to the present comments in 2018.]

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

The Committee notes the observations by the International Trade Union Confederation (ITUC) received on 1 September 2014 and the Government’s reply to the ITUC’s 2013 communication. The Committee notes in particular the observations of the ITUC in relation to clashes with the police forces during a protest action in a shipyard, followed by the arrest of workers and charges against 12 trade unionists, and requests the Government to provide its comments thereon in its next report. The Committee also notes the observations received on 19 November 2014 from the International Transport Workers’ Federation (ITF) and the Panhellenic Seamen’s Federation (PNO) concerning an imminent trial for participation in a general strike in 2013 and requests the Government to provide its comments thereon. The Committee further notes the response of the Government to the observations of the World Federation of Trade Unions (WFTU).

The Committee further takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014 and the 2013 observations from the IOE and the Hellenic Federation of Enterprises and Industries (SEV).

Article 3 of the Convention. The Committee recalls that in its previous comments it had requested the Government to reply to the concerns that had been raised by the Greek General Confederation of Labour (GSEE) in relation to the closure of the Workers’ Housing Organization (OEK) and the Workers’ Social Fund (OEE). The Committee notes the Government’s indication that the Organization for Mediation and Arbitration (OMED) became the full successor to all rights and obligations of these two bodies. It further notes with interest that in 2013 the annual financial support for trade unions resumed and a Joint Ministerial Decision was issued in 2014 on coverage for trade unions and the Institute of Labour of the GSEE which, according to the Government, aims at assisting the collective organization and action of the labour force with a view to improving their living standards and provides various subsidies to trade unions.

In its previous comments, the Committee had noted the Government’s indication that civil mobilization orders to curtail industrial action in the maritime sector were only made with a view to addressing the most adverse public health effects and that no restrictions were made to curtail strike action by the PNO during the period December 2010–February 2012. The Committee notes the information provided by the ITUC concerning several civil mobilization orders issued in 2013 with respect to the maritime sector, public transport and secondary education state schoolteachers, as well as the detailed replies provided by the Government concerning the risks for the safety and health of island citizens arising from the extended period of the strikes which led it to issue the mobilization orders for the maritime sector, as well as the considerations in relation to the other strikes. The Committee also notes the observations made by the IOE and the SEV that what is considered to be services essential to the community may depend to a large extent on the particular circumstances prevailing in a country and that non-essential services may become essential if a strike lasts beyond a certain time or extends beyond a certain scope, thus endangering the life, personal safety or health of the whole or part of the population. The IOE and SEV indicate that this appears to have been the case in Greece with respect to the six-day strike in the maritime sector.

The Committee takes due note of all the explanations provided and expects that the Government will resort to civil mobilization orders in circumstances only when the strike action endangers the life, personal safety or health of the whole or part of the population. The Committee nevertheless notes with concern the penal proceedings undertaken against the seafarers and, recalling that penal sanctions should only be envisaged where there has been violence against persons or property during a strike or where there have been other serious infringements of the provisions of the penal law that do not conflict with Articles 3(2) and 8 of the Convention, the Committee trusts that this principle will be borne in mind by the Government and requests it to provide detailed information in reply to the ITF’s observations and to continue to provide information on any further use of civil mobilization orders.

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

The Committee takes note of the Government’s report. It further notes the comments by the Greek General Confederation of Labour (GSEE) in a communication dated 16 July 2012 and by the International Trade Union Confederation (ITUC) dated 31 August 2012. The latter comments also concern the arrest and charge of a trade union leader and trade unionists for conducting a sit-in protesting the cut-off of electricity to those not able to pay the corresponding tax increases. The Committee requests the Government to provide its observations thereon.

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

Article 3 of the Convention. The Committee observes with concern from the latest GSEE comments the closure of the Workers’ Housing Organization (OEK) and the Workers’ Social Fund (OEE). The GSEE maintains that these two organizations were funded by workers’ and employers’ contributions as set out in the National General Collective Agreement (NGCA) and did not burden the state budget. According to the GSEE, these bodies were crucial to trade union social work and funding workers’ housing and further provided indispensable social functions. One of the functions of the OEE was to secure minimum financing for trade unions to support their operating needs. The Committee observes with concern the GSEE's comments that this intervention has restricted its autonomy as a trade union organization to determine the management of workers’ contributions. The Committee requests the Government to reply to these observations and in particular to indicate the impact these closures have had on the capacity of the GSEE to carry out its activities.

In its previous comments, the Committee requested the Government to provide clarification as to whether workers may engage in industrial action despite an arbitral award on wages where the parties are at a deadlock in respect of negotiations on non-wage matters. The Committee notes the information in the Government’s latest report that the right to strike is suspended for ten days during arbitration with a view to creating an environment of understanding among the social partners during the process. As the arbitrators’ powers are restricted to determining the minimum wage, while the rest of the issues remain open to bargaining, the Government confirms that the suspension concerns only strikes for the determination of the minimum and monthly wage.

As regards the use of civil mobilization orders to curtail industrial action in the maritime sector, the Committee notes the information provided by the Government that this order was made with a view to addressing the most adverse public health effects caused after six consecutive days of strike. The Government stresses that they are not considered in force since the reasons that led to such decisions have ceased to exist. The Government adds that the fact that the Panhellenic Seaman’s Federation (PNO) has gone on strike on various occasions from December 2010 to February 2012 without restriction confirms the above.

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

The Committee takes note of the comments 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 GSEE’s first communication dated 16 May 2011.

The Committee also takes note of the discussion that took place at the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application of Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It notes that the Conference Committee welcomed the Government’s indication that it was working on arrangements with the ILO for the visit of a high-level mission (HLM) proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE in its comments concerning the application of 12 Conventions ratified by Greece. The Conference Committee also considered that contact with the International Monetary Fund (IMF) and the European Union 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 HLM which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission (EC) and the IMF in Brussels and Washington, DC, in October 2011.

The Committee observes that the majority of the issues raised in the HLM report concern Convention No. 98 and would refer to its comments under that Convention for its general consideration and a more detailed analysis of the situation.

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programme. The Committee observes the concerns raised by the GSEE in its comments in relation to certain legislative changes or legislative intervention which has effectively restricted the right to strike in the country. The GSEE refers in particular to: (1) the uncertainty of the legality of strike action related to non-wage matters when an arbitral award has been issued on the basic wage; and (2) the renewed use by the Government of civil mobilisation orders to bring an end to legitimate strike action in the maritime sector.

As regards the first point, the Committee observes the following information provided by the Organization for Mediation and Arbitration (OMED) to the HLM:

In case of arbitration, the right to strike was suspended for 10 days. … In reply to questions raised by the HLM, the OMED indicated that certain questions of interpretation had been left open in the text of the law. For instance, it was not clear whether arbitrators could issue awards on wages as well as allowances. It was also not clear whether in case an employer had recourse to arbitration on the issue of wages, a strike could nevertheless be staged on non-wage matters which were previously part of the collective agreement and over which negotiations had reached a standstill.

While fully recognizing that the right to strike may be suspended for a restricted period of time during which mediation, conciliation or voluntary arbitration procedures are engaged in, the Committee requests the Government to provide clarification as to whether workers may engage in industrial action despite an arbitral award on wages where the parties are at a deadlock in respect of negotiations on non-wage matters.

As regards the use of civil mobilization orders to curtail industrial action in the maritime sector, the Committee observes that this matter was recently dealt with by the Committee on Freedom of Association (Case No. 2838). The Committee, like the Committee on Freedom of Association, requests the Government to take the necessary steps to ensure that the civil mobilization order is no longer in force so that seafarers may have recourse to industrial action when they arrive at an impasse in negotiations and to ensure that, in the future, the decision to suspend a strike on the grounds of national security or public health is made by an independent body.

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

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

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

The Committee will examine these comments, along with the Government’s observations thereto, as well as its report due in 2011, at its next session. In the meantime, the Committee requests the Government to monitor the impact of these measures on the full exercise of the rights under the Convention and to provide information in this respect with its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the information provided by the Government in its report.

Freedom of association of seafarers. In its previous comments, the Committee had asked the Government to provide information on the number of seafarers’ organizations at all levels, the specializations covered by such organizations, and the manner in which new organizations could be established, registered and function. The Committee notes that, according to the Government, primary seafarers’ organizations have been established and function in all specializations and categories of vessels. The Committee notes the list provided by the Government on the first-level seafarers’ organizations in various specializations (marine masters, engineers, pursers, suppliers, able seamen, practical engineers and firemen, stewards, cooks, catering staff, skippers, radiotelegraphy and radio electronics officers and electricians). It also notes that all these organizations are members of the Panhellenic Seamen’s Federation established in 1920, which is a member in turn of the General Confederation of Greek Workers and the International Transport Federation. Representatives of the Panhellenic Seamen’s Federation are always included, according to the Government, in the Greek delegation to the ILO when maritime issues are examined. Moreover, seafarers’ organizations together with shipowners’ organizations constitute the social partners in the maritime sector with whom the administration consults before taking any measures for the protection and development of the merchant marine. The Committee takes note of this information.

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

The Committee takes note of the information provided by the Government in its report.

Freedom of association of seafarers. With regard to its long-standing comments concerning the need to extend the general protection on freedom of association to seafarers and their organizations, the Committee notes from the Government’s report that, in 2000, a tripartite committee had been set up by a decision of the Minister of Mercantile Marine, in order to submit a proposal concerning the modernization of the legislative framework in the area of seafarers’ freedom of association. The Committee further notes from the Government’s report that after having met three times, the tripartite committee was unable to conclude its work mainly because 11 out of 14 first-level seafarers’ organizations opposed, in writing, the revision of the legislative framework as unnecessary and premature. The Committee takes note of the Government’s statement that the Ministry of Mercantile Marine plans to launch in the future another initiative for the re-examination of the legislative framework in the area of seafarers’ freedom of association, the success of which will depend on the level of consensus reached by seafarers’ organizations. Furthermore, the Committee notes that, according to the Government, the exemption of seafarers from the scope of Act No. 1264/82 does not imply a complete absence of a legislative framework concerning seafarers’ freedom of association, as the right to establish and join trade unions is guaranteed in the Constitution and several other laws, which address certain aspects of trade union elections, the right to strike and collective bargaining. Moreover, the Committee notes from the Government’s report that first-level seafarers’ organizations representing all specializations as well as a second-level seafarers’ organization function freely in accordance with their statutes.

The Committee requests the Government to provide information on the manner in which seafarers are currently represented by seafarers’ organizations (representation by category, occupation or class of seafarer) and the manner in which new seafarer organizations are established and function, given that there appear to be no specific legislative provisions on this issue.

Article 2. Recognition of the most representative trade unions. In its previous comments, the Committee had noted that Act No. 3276 of 1994 on collective agreements concerning work at sea authorized the Minister of Mercantile Marine to evaluate freely which seafarers’ organizations were the most representative for collective bargaining purposes and had requested the Government to indicate the criteria on the basis of which the representative status of seafarers’ organizations was evaluated. The Committee notes from the Government’s report that the criteria to evaluate the representativeness of organizations include, inter alia, the number of members, the number and size of ships belonging to the members of the organization, and the tradition of the organization as representative of a specific category of ships. The Committee recalls that when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached, such as: (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). The Committee requests the Government to indicate the manner in which these safeguards are ensured.

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

The Committee takes note of the information provided by the Government in its report.

Freedom of association of seafarers. With regard to its previous comments, the Committee takes note of the legislative texts concerning the freedom of association of seafarers transmitted by the Government in its report. The Committee recalls that it has noted with concern for many years that seafarers’ organizations are excluded from Act No. 1264 of 1982 concerning the democratization of the trade union movement and the protection of workers’ trade union freedoms. The Committee once again urges the Government to extend the general protection concerning freedom of association to seafarers and their organizations. The Committee requests the Government to indicate in its next report any positive development that has occurred in this respect.

Article 2. Recognition of the most representative trade unions. The Committee notes from the Government’s report that Act No. 3276 of 1994 on collective agreements concerning work at sea authorizes the Minister of Mercantile Marine to evaluate freely which seafarers’ organizations are the most representative for collective bargaining purposes. The Committee considers that the determination of the most representative organizations must be based on objective, pre-established and precise criteria (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 97). It requests the Government to indicate the criteria on the basis of which the representative status of seafarers’ organizations is evaluated and any relevant legislative provisions in this respect.

Article 3. Right of workers’ organizations to organize their administration and activities

The right to strike. The Committee notes that section 32(2) of Act No. 330 of 1976, transmitted by the Government with its report, respecting occupational unions and federations, prohibits a strike which has been declared in contravention of the provisions of Act No. 3239/1955 on the procedures for the settlement of collective labour disputes, etc., and that this Act is apparently still applicable to seafarers. The Committee requests the Government to specify in its next report the conditions under which seafarers’ organizations may declare a strike and to transmit the text of Act No. 3239/1955 along with any amendments, as well as any other relevant legislative texts, so that the Committee can examine their conformity with the provisions of the Convention.

The Committee urges the Government to take all necessary steps in the very near future to guarantee seafarers the full enjoyment of the rights entrenched in the Convention and to transmit information in this respect in its next report.

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

The Committee notes the information supplied by the Government in its report.

Article 2 of the Convention.  The Committee recalls that for many years its comments have related to the exclusion of seafarers’ organizations from the scope of Act No. 1264, 1982, on trade unions. In its previous report, the Government stated that, in addition to the provisions of articles 12 and 23 of the Greek Constitution, seafarers’ freedom of association is governed by a special legal regime which provides protection for members of the administration of maritime organizations, the right to strike, the decision-taking procedure for proclaiming a strike, obligations during the strike for the safety of the vessel and the protection of vital needs of the community. In addition, the Government states that there are 14 seafarers’ organizations, according to maritime specialities (masters, engineers, sailors, electricians, cooks, etc.). These organizations are grouped together in the Pan Hellenic Federation of Seafarers which is a member of the Greek General Confederation of Labour.

The Committee takes due note of this information and requests the Government to submit with its next report all the texts and legislative provisions, with the exception of the Constitution, which govern trade union rights - the right to strike and the right of collective negotiation of seamen’s conditions of employment - so that it can ensure their conformity with the principles of freedom of association guaranteed by the Convention.

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

The Committee takes note of the information supplied by the Government in its report. It also notes the comments made by the Greek General Confederation of Labour (GGCL) relating to allegations of serious infringements of the right to strike mainly through court decisions, as well as the observations sent by the Government in this regard.

Article 2 of the Convention. Concerning the freedom of association of seafarers, the Committee had requested the Government to send it the legal provision which had partially suppressed the exclusion of seafarers from the application of Act No. 1264 of 1982 as well as any legislation enacted or contemplated with a view to giving these workers all the rights guaranteed by the Convention.

The Committee notes that the Government indicates in its report that article 1(2)(b) of Act No. 1264 of 1982 provides that seafarers are covered by a special legal regime which, combined with the guarantees of articles 12 and 13 of the Greek Constitution, extends to seafarers the principles of freedom of association contained in the Convention. It acknowledges, however, that despite two attempts, it was unsuccessful in repealing the exclusion of the right to organize of seafarers from Act No. 1264 of 1982 because of the social partners. The Committee recalls once again that it has noted with concern for many years that seafarers' organizations are excluded from Act 1264 of 1982 which concerns trade unions. It urges the Government to recognize for these workers the rights that are guaranteed in the Convention.

Article 3. (Right to strike). The Committee takes note of the Government's reply to the comments made by the GGCL. In particular, the Committee notes that the Government indicates that the limitations provided for in Act 1264/82 on the right of workers employed in public or utility undertakings to go on strike do not violate the Constitution nor international conventions. The Government points out that these limitations are also provided for in the majority of foreign laws and are accepted by foreign jurisprudence and practice. Furthermore, the Government indicates that article 31 of the European Social Charter provides that, by way of exception, limitations can be imposed on the rights established by the Charter (including the right to strike), provided that these limitations are necessary in a democratic society for the safeguarding of the respect for the rights and freedoms of other individuals or for the protection of public order, national security, public health or the virtuous morals.

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

The Committee notes the information supplied by the Government in its report as well as the statement made by the Government representative to the Committee on the Application of Standards at the Conference in June 1996 and the discussion which took place thereafter.

While recalling that its previous comments related to freedom of association of seafarers, the Committee notes the Government's statement that the Pan-hellenic Federation of Seafarers was functioning freely and independently. According to the Government, a legal provision has partly suppressed the exclusion of seafarers from the application of Act No. 1264 of 1982 on trade unions. The Government affirms that it will endeavour to ensure that seafarers benefit from the same trade union freedoms as other workers.

The Committee notes this information and requests the Government to send it the legal provision which has partially suppressed the exclusion of seafarers from the application of Act No. 1264 of 1982 as well as any legislation enacted or contemplated with a view to giving these workers all the rights guaranteed by the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

It recalls that its previous comments related to the following points:

-- the determination of the minimum service to be provided in the event of a strike in the public services;

-- the risk of financial interference by the State in trade union affairs; and

-- the question of the freedom of association of seafarers.

The Committee takes due note of the amendments made by Act No. 2224 of 1994. Section 2 of the Act empowers the social partners to negotiate an agreement on the designation of security staff and the staff required to cope with the essential needs of the life of the community in the event of a strike as of 1 October 1994. If an agreement is not concluded, the matter is referred to mediation and, in the event of the failure of mediation, each of the parties may bring the matter before a tripartite body presided over by a judge. Section 3 provides for the holding of a public debate between employers and workers in the event of strikes in the public services. The Government states that the new Act is intended to permit the social partners to participate in the designation of the necessary personnel and in the supervision of matters relating to the security staff to be maintained through the conclusion of collective agreements.

The Committee also notes that Acts Nos. 2091 of 1992 and 2224 of 1994 amend Act No. 1915 of 1990 which, according to the General Confederation of Greek Workers, under the pretext of the financial independence of trade union organizations, had deprived second- and third-level organizations of the financial contributions of workers. The new Act permits the allocation of workers' contributions to the above organizations, to the National Confederation of Persons with Specific Needs, and to first-level organizations representing over 500 workers, and also allows subsidies to be given to certain organizations of retired persons.

The Committee recalls the importance that it attaches to legal provisions governing the finances of trade union organizations not being of such a nature that they afford the public authorities a discretionary power over the finances of trade unions.

Finally, the Committee strongly regrets that the Government confines itself to stating that the trade union status of seafarers has to be the subject of a broad consensus between the parties concerned, without providing other information. The Committee recalls that it has noted with concern for very many years that seafarers are excluded from Acts Nos. 1264 of 1982 and 1915 of 1990 respecting trade unions. It urges the Government to adopt legislation that is in conformity with the Convention in order to recognize for these workers the rights that are guaranteed in the Convention. The Committee requests the Government to indicate in its next report any positive development that has occurred in this respect.

[The Government is asked to supply full particulars to the Conference at its 82nd Session.]

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

The Committee notes the information contained in the Government's report, its observations dated 12 June 1991 concerning the comments made by the Greek General Confederation of Labour (GSEE) and the information supplied by the Government during the Conference in June 1991 on the application of Convention No. 98. It also notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1584 and 1632 (283rd and 286th Reports of the Committee on Freedom of Association, approved by the Governing Body at its 253rd and 255th Sessions, May-June 1992 and March 1993).

1. Financial interference by the State in trade union affairs and collection of trade union dues. The Committee considers, in the same way as the Committee on Freedom of Association, that by adopting Act No. 1915 of 1990 on the protection of trade union rights and the rights of the population as a whole, and the financial autonomy of the trade union movement, the Government seems to be giving effect to its previous comments, since the Act brings an end to interference by the authorities in the financial administration of trade unions and to the system of trade union security which is not a product of provisions freely agreed between trade unions and employers. The Committee however requests the Government to supply information in its future reports on the effect given in practice to this Act, and in particular on the manner in which the transition takes place towards a system of self-financing for trade union organizations with the aim of achieving a satisfactory solution for the most representative organizations of workers and employers.

2. Right to strike in public services and minimum service to meet the vital needs of the population. The Committee notes, from the information contained in the Government's report, that section 4 of Act No. 1915 of 1990 provides that the employer is responsible for designating the minimum staff in the event of a strike in the public sector or in services which are of public utility. Observing that the services where strikes can be restricted go beyond the definition of essential services in the strict sense of the term namely those whose interruption would endanger the life, personal safety or health of the whole or part of the population, it concludes that this provision has the effect of modifying the provisions contained in the Act of 1982 respecting minimum service, in the determination of which workers and employers participated jointly. In these circumstances, the Committee recalls that, in accordance with the principles of freedom of association, organizations of workers should be able, if they so wish, to participate in the determination of such minimum services. It therefore requests the Government, in the same way as the Committee on Freedom of Association, to take the necessary action to guarantee, both in law and in practice, that the workers' organizations are involved in defining the minimum services to be maintained in the event of a strike in services deemed as essential in Greek legislation, and to indicate in its next report the action taken in this regard.

Furthermore, the Committee requests the Government once again to specify whether recourse to arbitration by a tripartite commission presided by a judge (sections 15 and 21 of the Act of 1982) is still possible in case of a conflict between the employer and the workers.

3. Freedom of association of seafarers. The Committee notes with regret that the Government's report contains no reply to its previous comments and recalls that it has been raising for several years the question of the freedom of association of seafarers who are excluded from Acts Nos. 1264/1982 and 1915/1990.

In its previous observations, the Committee noted that the comments made by the Greek Shipowners' Union (EEE) and the Pan-Hellenic Maritime Federation (PNO) on the Bill respecting the democratization of the seafarers' trade union movement were being examined by the authorities.

The Committee is bound once again to express the firm hope that legislation that is consistent with the Convention will be adopted in the near future to ensure that seafarers enjoy the rights laid down in the Convention.

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

The Committee notes Act No. 1915 of 28 December 1990 to protect the trade union rights of the whole of the population and respecting the financial autonomy of the trade union movement, which amends the Act of 1982. It also notes the comments of the General Confederation of Greek Workers (CGTG) concerning the adoption of this new legislation.

Right to strike in the public services and the minimum service to cover the vital needs of the population. The Committee notes that Act No. 1915 widens the scope of the concept of the vital needs of the population for which a minimum service must be provided in the event of a strike (section 4 of the new Act amending section 21(2) of the Act of 1982). The new Act includes among the enterprises the operation of which is essential to cover the vital needs of the population, the Bank of Greece, civil aviation enterprises and enterprises responsible for paying the wages of employees in the public sector (section 3 of the new Act amending section 19 of the Act of 1982). Finally, the employer is made responsible for designating by name, at the beginning of the strike, the persons who must form the security staff (section 4 in fine of the new Act partially amending section 21 in fine of the Act of 1982).

The Committee notes the criticisms made by the CGTG concerning the draft text, which has since become Act No. 1915, according to which the employer is now solely responsible for designating the workers who are to provide the services in question. However, the Committee notes that the new Act does not seem to repeal the provisions of the Act of 1982 respecting the minimum service, in the determination of which workers and employers participate jointly, with the possibility, in the event of disagreement, of referring the matter to arbitration by a tripartite committee chaired by a judge (sections 15 and 21 of the Act of 1982). The Committee therefore requests the Government to indicate the manner in which, in practice, minimum services are established in public enterprises whose operation is essential to satisfy the vital needs of the population during the period covered by the report, and in particular the channels of appeal available to workers' organisations to criticise the nominations made by the employer to the security staff.

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

The Committee notes that the Government's report has not been received. However, it notes Act No. 1915 of 28 December 1990 respecting the protection of trade union rights, the protection of the whole of the population and the financial independence of the trade union movement, and the comments of the General Confederation of Greek Workers (CGTG) of 30 November 1990.

1. Financial interference by the State in trade union affairs and collection of trade union dues. With reference to its previous comments concerning the workers' role in the financing of trade union organisations and the deduction of trade union dues, the Committee notes that sections 7 and 8 of Act No. 1915 establish the principles of financial independence for trade union organisations, the abolition of state interference, and the deduction of trade union dues with the consent of the wage earner.

However, the Committee also notes that the CGTG indicates, in its communication, that on the pretext of the financial independence of trade union organisations, the new Act deprives these organisations of the workers' money, which could lead to their economic decline. The Committee observes that under section 7 of the new Act, as of 1 January 1992, the total amount paid by workers will be used solely to achieve the objectives provided for in section 1 of Act No. 678/1977, and that under section 8, the amount of dues deducted and the way in which they are distributed among the various levels of trade union organisations will be determined by the general assemblies or executive committees of the various organisations, in accordance with their statutes. Furthermore, dues may only be deducted with the consent of the workers and will be reimbursed by the employer to the first-level enterprise organisation which will be responsible for distributing them.

The Committee has always considered that provisions governing financial operations in workers' organisations should not be such as to enable the public authorities to have discretionary powers over such operations.

The Committee therefore asks the Government to specify the scope of section 1 of Act No. 678/1977.

2. Right to strike in public services and minimum service to meet the vital needs of the population. The Committee is addressing a direct request to the Government on the application of the legislation respecting the minimum service.

3. Freedom of association of seafarers. The Committee recalls that for several years it has been raising the question of the freedom of association of seafarers who are excluded from Act No. 1264 of 1982 respecting freedom of association.

In its previous observation, the Committee noted that the comments of the Greek Shipowners' Union (EEE) and the Pan-Hellenic Maritime Federation (PNO) on the Bill respecting the democratisation of the seafarers' trade union movement were being examined by the authorities.

The Committee again expresses the hope that legislation that is consistent with the Convention will be adopted in the near future to ensure that seafarers enjoy the rights laid down in the Convention.

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

The Committee takes note of the Government's report and the written information submitted to the Conference Committee in June 1989.

The Committee recalls that its comments addressed the following points:

- procedures for the collection of trade union dues, selected from those provided for by Act No. 1264 of 1982 (section 6, subsections 2 and 3), i.e., a general collective agreement, an arbitration award or a provisional presidential decree;

- the need to draft and adopt legislation on the freedom of association and the protection of the right to organise of seafarers, who are excluded from the scope of Act No. 1264 of 1982 respecting freedom of association;

- the need to amend section 4 of Act No. 1365 of 22 June 1983 which contains excessive restrictions on the right to strike in state enterprises.

1. The Committee notes with satisfaction that section 4 of Act No. 1365, which provided that a strike would not be called in a state enterprise unless voted for by an absolute majority of the registered members of base-level trade union organisations, has been repealed by Act No. 1766 of 1989 (Official Gazette No. 61, Part a, of 4 April 1989); accordingly, the right to strike in state enterprises is governed by the general provisions of Act No. 1264 of 1982.

2. Collection of trade union dues. The Committee recalls that it has been addressing this question in its comments for several years. It was in 1985 that the Government requested the most representative organisations to make proposals on draft regulations for the collection of trade union dues, in accordance with Act No. 1264 of 1982.

In its last observation, the Committee noted that a draft presidential decree was to be adopted on the basis of the proposals made.

The Committee notes from the information supplied by the Government in its last report and to the Conference Committee in 1989, that the draft Presidential Decree could not be adopted owing to the latest proposals of the General Confederation of Labour of Greece (CGTG) calling for a provisional presidential decree to set a compulsory fixed amount of dues, which would deprive the parties concerned of the right to fix such an amount freely (as, for example, by collective bargaining).

In view of this fact, the Government requested the most representative trade union organisations to submit new proposals for another draft decree. The Government is still awaiting the proposals of the CGTG which has just elected a new administration and to which it addressed its request on 27 April 1989. As soon as it receives the proposals, the Government undertakes to adopt a presidential decree in order to settle this question conclusively.

While noting this information, the Committee again recalls that the Convention is not opposed to the existence of union security clauses that are freely negotiated between the workers and the employers. However, when the union security system ceases to be based on clauses freely agreed upon between workers' unions and employers but is imposed by the law itself, the right of workers to establish organisations of their own choosing is jeopardised, particularly where the law designates a specific trade union as benefiting from the system, or where the law establishes the system of compulsory trade union contributions in circumstances such that the same aim is achieved.

The Committee trusts that the question of the collection of trade union dues will be settled on the basis of clauses freely negotiated between workers' and employers' organisations. It requests the Government to keep it informed of developments in this respect.

3. Seafarers. The Committee notes that the comments of the Greek Shipowners' Union (EEE) and the Panhellenic Maritime Federation (PNO) on the Bill respecting the democratisation of the seafarers' trade union movement have at last been received and are now being examined.

The Committee recalls that the problem of freedom of association for seafarers, who are excluded from Act No. 1264 of 1982 respecting freedom of association, has been the subject of its comments for several years. It again expresses the hope that legislation that is consistent with the Convention will be adopted in the near future to ensure that seafarers enjoy the rights laid down in the Convention.