Labour Inspection Convention, 1947 (No. 81) - Greece (Ratification: 1955)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE), received on 1 September 2021, the additional observations of the GSEE, and the observations of the Federation of Associations of the Ministry of Labour (OSYPE), received on 13 May 2022, as well as the Government’s reply.

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee takes note of the detailed information provided by the Government regarding the number and types of labour disputes handled by the Labour Inspection Body (SEPE) during the period 2014-2016, as well as the procedure of their settlement and the amount paid to workers. The Committee notes that under section 103 of the new Law No. 4808/2021, the new labour inspectorate exercises the powers previously exercised by the SEPE. In its observations, the GSEE indicates that following the adoption of Law No. 4808/2021, the conciliation processes previously exerted by the Ministry of Labour and Social Affairs (MLSA) and SEPE have been transferred to the Organization for Mediation and Arbitration (OMED). In its reply, the Government confirms that the conciliation procedure of collective disputes falls exclusively now within the remit of the OMED, emphasising that the conciliator’s role is assigned to an independent body other than the labour inspector. In this respect, the Committee notes that a new project entitled “Support to the Operational Modernization of the Labour Inspectorate and the Mediation and Arbitration Service in Greece” will be implemented in close cooperation with ILO and with funding from the European Union, with the aim to support the Greek authorities in the implementation of section 98 of Law No. 4808/2021, which extends the mandate of OMED in the areas of mediation, conciliation and arbitration. In this respect, the project aims at increasing the knowledge and capacities of the mediators and arbitrators of OMED, including newly recruited ones. At the same time, the Committee notes that under section 122 of the new Law, labour inspectors are entrusted with a series of labour dispute resolution tasks. The Committee requests the Government to provide information on the scope of inspection duties envisaged for the employees of the new labour inspectorate. It requests the Government to provide information on the number of labour inspectors entrusted with dispute resolution functions and those carrying out enforcement and advisory functions within the meaning of Article 3(1)(a) and (b) of the Convention.The Committee requests the Government to list any other duties entrusted to labour inspectors, especially in the context of the creation of the new labour inspectorate, and to indicate the proportion of time spent on any of these additional functions as compared to the time spent on primary duties, as defined under Article 3(1) of Convention No. 81.The Committee requests the Government to indicate the specific measures taken to ensure that any functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention.

Article 5(a) and (b). Cooperation between the inspection services and public institutions. Collaboration with representatives of employers and workers. In its report, the Government provides information on the cooperation of SEPE with a series of public bodies and its participation in joint inspection teams. The Committee takes note of the GSEE observations, according to which, the separation of the labour inspectorate from the MLSA pursuant to the new Law No. 4808/2021 results in a problem of coordination between the labour inspectorate and the departments of the MLSA, as well as a problem of coordination and overlapping of competences between the labour inspectorate and other authorities (such as the Greek Ombudsman and the National Transparency Authority). In this respect, the GSEE indicates that the critical joint audits by the labour inspectorate with the Single Social Security Agency (EFKA), as well as the Financial Police and the Financial and Economic Crime Unit are not ensured in the context of the new law. Regarding the collaboration of inspection services with representatives of employers and workers, the Committee notes that section 89 of Law No. 4808/2021 indicates that during inspections conducted by competent inspection bodies of the MLSA, workers representatives are entitled to be present. In their observations, the GSEE and the OSPYPE indicate that the separation of the labour inspectorate from the MLSA means that the labour inspectorate does not fall under the term 'competent audit body of the Ministry of Labour'. They allege that this entails the removal of the right of workers’ representatives to be present during the labour inspectorate’s controls. The Committee further notes that according to the GSEE and the OSYPE, the social supervision which was ensured under Law No. 3996/2011 is absent from the new organizational framework because (i) the Governing Board of the Independent Authority does not provide for institutional representation of workers and employers; and (ii) the Social Control Council of Labour Inspectorate (SKEEE), the central institutional body for social dialogue and control, ceases to exist. In its reply the Government refers to section 89 of Law No. 4808/2021 and indicates that this law does not abolish consultations with social partners. The Government notes that the SKEE still exists and that section 21 of Law No. 3996/2011, which regulates the functions of the SKEE, is still in force. The Government also indicates that sections 103, 106, 113 and 114 of Law No. 4808/2021 provide for the coordination between the labour inspectorate and the MLSA. The Committee notes that according to section 106, the MLSA may submit strategic proposals and provide strategic guidelines to the labour inspectorate with regard to strategic planning for the implementation of governmental policy on issues relating to the competencies of the labour inspectorate. Strategic guidelines and proposals may not be extended to organizational and operational issues of the labour inspectorate or to issues relating to its personnel. The Committee requests the Government to provide information on the practical application of the arrangements made to promote effective cooperation between the inspection services and the MLSA. Noting that section 89 of Law No. 4808/2021 refers to inspections conducted by competent inspection bodies of the MLSA, the Committee requests the Government to indicate if the participation of workers’ representatives also applies to inspections conducted by the new labour inspectorate. The Committee also requests the Government to continue to provide information on any measure adopted in order to ensure collaboration between the labour inspectorate and employers and workers or their organizations, in accordance with Article 5(b).

Article 7. Training of labour inspectors. The Committee recalls that the Union of Occupational Safety and Health Inspectors previously pointed to the insufficiency of the training provided to labour inspectors. The Committee notes the Government’s indication that special theoretical and practical training is provided to civil servants who work as labour inspectors and OSH inspectors in particular. The Committee notes the information regarding the training which is required for the certification of labour inspectors as well as the training and lifelong learning programs provided to inspectors. In this context, it notes a series of education and training programmes and seminars that took place during the period 2018-2021. The Committee notes that in its observations the GSEE calls on the importance of taking measures to foresee certification procedures for labour inspector duties, such as appropriate theoretical and practical training and certification of young inspectors by a recognized structure of SEPE. In their observations, the GSEE and the OSYPE indicate that the SKEEE, which inter alia provided opinions regarding training programs of the personnel of the labour inspectorate, will cease to exist. In its reply, the Government indicates that the SKEE, as a body of the MLSA regulated by Law No. 3996/2011, will continue to exist. In addition, the Committee notes that the technical assistance project “Support to the Operational Modernization of the Labour Inspectorate and the Mediation and Arbitration Service in Greece” envisages, inter alia the training of labour inspectors recruited in the new labour inspectorate to support them on undertaking their functions effectively. The Committee requests the Government to provide detailed information on the training provided to labour inspectors recruited under the new labour inspectorate, including in the framework of the technical assistance project referred to above, and to include information on the content, the frequency, and the attendance at each such training, so as to enable inspectors to perform their duties effectively and independently.

Articles 19, 20 and 21. Information system on the activities of labour inspection services. Publication and communication to the ILO of annual reports on the work of the labour inspection services. The Government indicates that the Integrated Information System of the Labour Inspectorate (OPS–SEPE) has been fully developed, so that all administrative supporting documents and announcements by employers to the OSH inspectorate are submitted on-line. Regarding the publication of the SEPE annual activity report, the Government indicates that following meetings of the Council for Social Control of Labour Inspection (SKEEE) in 2017 and 2018, the reports of 2014, 2015, 2016 and 2017 were approved and published. The Committee notes that the reports are available in the SEPE website and include a detailed presentation of the inspectorate’s activities as well as detailed statistical data. The Government’s report provides information on all information required by Article 21 of the Convention, except for the number of workplaces liable to inspection, and the number of occupational diseases and industrial accidents. With regard to the principle of reporting to the central authority, the Committee notes that under section 106 of the new Law No. 4808/2021, the labour inspectorate, which is now separated from the MLSA, periodically informs the MLSA with aggregated data which are required for the mission of the labour inspectorate and the exercise of its competencies. However, the Committee notes that the Government has not indicated how it ensures that labour inspectors or local inspection offices submit to the central inspection authority periodic reports on the results of their inspection activities, in the context of the new law. In their observations, the GSEE and the OSYPE allege that Law No. 4808/2021 undermines the responsibility of submission of periodic reports to the central inspection authority and the publication of an annual general report, given that the disruption of the link between the labour inspectorate and the central authority raises concerns as to the way general annual reports are prepared in relation to the activities of the labour inspectorate. In this respect, the GSEE reiterates that the new law abolishes the regular information and accountability framework of the central authority for the work of the Labour Inspectorate. The Committee requests the Government to provide its comments in this respectand to provide information regarding the preparation of the annual general reports by the new labour inspectorate. It also requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, including for the years from 2018 onwards, and to ensure that they contain all the information required by Article 21, including information on the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics of industrial accidents (Article 21(f)) and occupational diseases (Article 21(g)). It requests the Government to indicate whether the integrated information system on the collection of relevant inspection data will continue to apply following the commencement of the functioning of the new labour inspectorate. The Committee requests the Government to indicate how it is ensured, under the restructured system of labour inspection, that periodic reports of inspectors and the local inspection offices are submitted to the central inspection authority on the results of their inspection activities, and the frequency of such reports. 

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE), received on 1 September 2021, the additional observations of the GSEE and the observations of the Federation of Associations of the Ministry of Labour (OSYPE), received on 13 May 2022, as well as the Government’s reply.

Articles 3 and 4 of the Convention. Restructuring of the labour inspection system. Organization and effective functioning of the system of labour inspection. Supervision and control by a central authority. The Committee notes the adoption of Law 4808/2021, which establishes a new framework for the organization and operation of the labour inspectorate and envisages its transformation into an independent authority separated from the Ministry of Labour and Social Affairs (MLSA). The Committee notes that the GSEE and the OSYPE allege that the new law was adopted without consultations and foresees a far-reaching transformation of the governance, administration and operation of the labour inspectorate. In its reply, the Government indicates that the Minister held repeated meetings with employers’ and workers’ representatives prior to the adoption of the law, as well as before and after its submission to the Parliament. The Government indicates that the labour inspectorate’s transformation into an independent authority aims to ensure the effectiveness of public administration in monitoring compliance with the labour and social insurance law through the creation of an adequate framework of independence, transparency and accountability, as well as the establishment of a climate of trust towards inspection institutions.

The Committee notes that under section 102 of Law 4808/2021, for the commencement of operation of the labour inspectorate, a relevant decision of the MLSA should be issued. Furthermore, according to the same section of the law, from the commencement of operation of the new labour inspectorate, the existing Labour Inspection Body (SEPE) is abolished, as the new labour inspectorate replaces it automatically in all rights, claims, obligations, legal relations and pending lawsuits. The Committee notes the Government’s indication that the new labour inspectorate has started its operations as of July 2022, pursuant to Decision No. 67759 (G.G. 3795/Β΄/19.07.2022). The Government explains that in accordance with section 102(6) of Law 4808/2021, from the beginning of the operation of the new labour inspectorate, where SEPE is referred to in existing legal provisions, the new labour inspectorate shall be implied, and where the General Inspector is referred to, the Governor or the Administrative Board of the labour inspectorate shall be implied. In this respect, the Government refers to Decision No 1955 (G.G. 14/ 13.01.2022) on the appointment of the Administration Board Members of the Labour Inspectorate and Decision No 52272 (G.G. 455/02.06.2022) on the Appointment of the Governor of the Independent Authority of the Labour Inspectorate. The Committee notes that a new project entitled “Support to the Operational Modernisation of the Labour Inspectorate and the Mediation and Arbitration Service (OMED) in Greece” will be implemented in close cooperation with the ILO and with funding from the European Union, with the aim to support the Greek authorities in the restructuring of the labour inspectorate into an independent body.

The GSEE indicates that the new law removes the institutional responsibility of the MLSA to oversee compliance with labour and social security standards by the labour inspectorate and creates an adverse impact in labour inspectorate’s provision of services. According to the trade union, without the MLSA having the main supervisory and coordinating role, the uniform enforcement of the labour law will no longer be possible. Furthermore, according to the GSEE, separating the labour inspectorate from the central office of the MLSA, where all relevant employment policy departments are placed, will certainly disrupt the link to continuous information on all labour matters required for the design and fulfilment of the labour inspectorate mission. In its observations, the OSYPE indicates that the separation of the labour inspectorate from the MLSA signifies a separation from all directorates responsible for the interpretation of the rules of labour law, as well as from the information system ERGANI which belongs to the MLSA and is the most critical tool both for the identification of undeclared work and for the compliance of the terms of employment contracts by companies. In its reply, the Government clarifies that, under the new legislative framework, the labour inspectorate takes the role of the central authority, which has hierarchical structure and uniform administrative bodies (Administrative Board and Governor). It indicates that the bodies’ term of office and the way they are selected ensure that they shall not be affected by any government change. Regarding ERGANI, the Government indicates that under section 8(1) “Access and management” of the Ministerial Decision No. 40331 (Β’ 3520/2019), which is currently in force, it is provided that SEPE (now replaced by the Labour Inspectorate) has access to all relevant forms and data submitted, which according to the Government also means full access to ERGANI.

The Committee notes that the GSEE also highlights the need for a nation-wide upgrading of the Labour Inspectorate that will: (i) increase regional directorates in line with the country’s regions and spread their local departments in each regional unit; and (ii) institutionalize controls by inspectors in neighbouring regions other than the region in which they are based, with a view to enhancing transparency of controls. In its reply the Government indicates section 21(4) of Law 3996/2011, which refers to the Regional Committees for Social Inspection of the Labour Inspectorate (PEKEE), is still in force. Thus, the Committee understands that the internal structure of the labour inspectorate has remained the same. The Committee requests the Government to provide, information on the capacity of the new labour inspectorate to fulfil its functions under Article 3(1) of the Convention, including with regard to the period of transition between the SEPE and the new inspectorate. The Committee also requests the Government to continue to provide information on the structure of the labour inspectorate as an independent authority and to provide an organigram of the new structure.

Article 3(1)(a), (b) and (2). Labour inspection activities in the area of undeclared work and illegal employment, including in relation to foreign workers. The Committee recalls that from 2016 to 2020 a development cooperation project on “Supporting the transition from informal to formal economy and addressing undeclared work in Greece” was implemented by the Government in close collaboration with the ILO and the social partners in Greece, supporting the implementation of the road map to tackling undeclared work in the country. The Committee notes that a series of legislative changes were adopted in the area of protection of workers’ rights, including through law 4554/2018, as amended by Law 4635/2019, which includes a section entitled “combatting undeclared work” providing for administrative sanctions for undeclared work and foresees the establishment of a “Register of Delinquent Employers in matters of Undeclared Work”. The Government indicates that the said system is being developed at the ERGANI Information System of the MLSA. In its observations, the GSEE indicates that the implementation of the agreed road map on undeclared work, for which the joint action by the labour inspectorate and the competent departments of the MLSA is instrumental, has not been completed. It further indicates that undeclared work is the norm in the agricultural sector and states that the secession of the labour inspectorate from the MLSA, introduced by the recent reform, will further intensify the reluctance of the Government to ratify the Labour Inspection (Agriculture) Convention, 1969 (No. 129), despite the commitments made in the context of the ILO technical assistance and the road map for undeclared work. In its reply the Government indicates that the new labour inspectorate has the competence to carry out inspections in the agricultural sector under article 2(2) of Law 3996/2011, which remains in force. The Government also indicates that, taking into account that trafficking in human beings for labour exploitation is directly related to undeclared work, the labour inspectorate assists the work of other authorities that are primarily responsible for identifying victims of human trafficking, such as the Hellenic Police. Furthermore, the Government indicates that in a meeting of the Supreme Labour Council in October 2022, the need to prioritize the consideration of ratification of Convention No. 129 was highlighted, taking into account the new legislative framework in force for the Labour Inspectorate. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 (and Article 6(1) and (3) of Convention No. 129), the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee requests the Government to provide information with regard to the development and the functioning of the Register of Delinquent Employers in matters of Undeclared Work.In addition, the Committee requests the Government to provide further information on the functions relating to the control of undeclared work entrusted to the new labour inspectorate, including its cooperation with the police, and to provide information on the specific measures taken to ensure that these functions do not negatively impact the mandatory functions of the labour inspection system concerning the protection of workers, including their safety and health. The Committee accordingly reiterates its request that the Government provide detailed information on the total number of labour inspections, including specifically the number of OSH inspections and those relating to undeclared work. The Committee once again requests the Government to indicate the role and activities of labour inspectors in relation to foreign workers where they are found to be in an irregular situation. In this regard, the Committee once again requests the Government to provide information on the number of foreign workers in an irregular situation who have been granted their due rights (number of cases in which foreign workers have been paid outstanding wages and benefits) or where their situation has been regularized.

Article 6. Status and conditions of service of labour inspectors. Independence of inspectors. The Committee notes that section 104 of Law 4808/2021 provides for the functional independence of the Governor and the members of the labour inspectorate’s Governing Board, while section 114 defines the powers of the Governor which include, inter alia, the authority to define the service status, the salary status, the disciplinary procedure, the organizational structure of the staff positions, as well as the power to set up the Executive and Disciplinary Boards and to lay down the rules for their decision making.The Committee notes the observations of the GSEE and the OSYPE according to which the guarantees on independence as enshrined in the Law 3996/2011, are undermined by the reform. More specifically the GSEE and the OSYPE indicate that: (i) section 104 does not provide guarantees of independence for all employees of the labour inspectorate; (ii) the way the Governor and the Governing Board are chosen does not guarantee in the first place the independence of inspectors themselves; (iii) the law allows for an overconcentration of powers in the Governor’s person, and the exercise of the powers without any control; and (iv) the guarantees of the Civil Servants Code no longer exist since the Disciplinary and Service Boards fall under the uncontrolled power of the Governor, and courts do not have jurisdiction to judge the disputes in question. Regarding the status and conditions of service of labour inspectors, the GSEE and the OSYPE indicate that the law brings a complete dependence of the inspectors on the Governor for all matters concerning their employment status. The Committee notes that in its observations, OSYPE also indicates that the separation of the labour inspectorate from the MLSA changes the regime and the terms of employment for inspectors specifically taking into account that the provisions of Law 4808/2021 make no explicit reference to "labour inspectors", but rather generally refers to "employees" of the independent authority, a working status which is unilaterally regulated by the Governor. In its reply, the Government indicates that according to section 114 of the law 4808/2021, the Governor shall establish or merge Personnel and Disciplinary Boards at the labour inspectorate, as well as Special Assessment Committees and determine the specific issues of their operation in accordance with the provisions in force. According to the Government, this means that the legislation does not authorize the Governor of the labour inspectorate to deviate from the general provisions on disciplinary control and the bodies thereof. With regard to the independence of the labour inspection authority, the Government indicates that in accordance with the Constitution, the provisions of Law 3051/2002 and the Standing Orders of the Hellenic Parliament, independent authorities, as administrative State bodies under a legal status similar to that of the Government, are subject only to judicial control and parliamentary scrutiny. The Committee also notes that section 117 of the new law provides that all existing staff of the SEPE are automatically transferred to the new labour inspectorate, with the same type of employment relationship they had under the SEPE. The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors under the new labour inspectorate, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials with similar functions, such as tax collectors and the police.The Committee also requests the Government to provide information on any decision adopted by the Governor of the labour inspectorate in the implementation of section 114 of the law 4808/2021 concerning arrangements for disciplinary and personnel matters.

Article 10. Number of inspectors. The Committee takes note of a series of measures and legislation adopted to address structural and staffing problems, particularly staff reduction in SEPE. It notes particularly that through the Presidential Decree No. 134/2017 “Organization of the Ministry of Labour, Social Security and Social Solidarity” (OG 168/A’/06.11.2017), the number of directorates, departments, inspectors’ statutory posts and special labour inspectors’ posts increased. Furthermore, the Government indicates that SEPE was staffed via transfers and appointments of employees, including following the Law 4440/2016, on the basis of which 55 employees were transferred and posted to SEPE. The Committee notes that in 2018, the SEPE had a workforce of 732 employees, out of which 621 were labour inspectors and 372 labour relations inspectors. In its observations, the GSEE calls on the importance of taking measures to strengthen the human resources of the labour inspectorate by means of expedited procedures in the context of mobility or recruitment and to quickly staff the labour inspection offices operated by a single-person, with a view to enhancing the effectiveness of SEPE and also to discharge the inspectors from bureaucratic work so that they are able to perform their auditing unobstructed. The Committee requests the Government to provide its comments in this respect.The Committee also requests the Government to continue to provide information on the number of labour inspectors, including on the recruitment of additional staff, in order to ensure that there is a sufficient number for the effective discharge of the duties of the inspectorate, especially in the context of the new labour inspectorate.

Article 11. Material resources of the labour inspectorate. Reimbursement of expenses incurred by labour inspectors in the exercise of their duties. In its previous comments, the Committee noted the observations made by the Union of Occupational Safety and Health Inspectors according to which: (i) the majority of travel expenses incurred by labour inspectors are not covered; (ii) there was a reduction in budget between 2009 and 2014, and the number of travel facilities is insufficient; and (iii) labour inspectors are not provided with the personal protective equipment required for inspections in high-risk workplaces. The Committee notes that the Government did not provide any relevant information on this matter. In its observations, the GSEE calls on the importance of taking measures to support and upgrade the logistical infrastructure of SEPE by ensuring appropriate building facilities, as well as the provision of service vehicles, modern work environment measuring instruments and personal protective equipment to inspectors. The Committee requests the Government to provide its comments in this respect.The Committee also requests once again that the Government indicate the measures taken to ensure that labour inspectors are reimbursed for all expenses incurred in the performance of their duties, and that they are provided with the required personal protective equipment to ensure adequate protection against risks to their safety and health during the performance of their duties. It also requests the Government to provide information on the budget allocated to the labour inspection service, especially in the context of the creation of the new labour inspectorate, and to describe the availability of transport facilities and suitably equipped offices throughout the territorial structures of the labour inspection service.

Articles 17 and 18. Adequate penalties imposed and effectively enforced. The Committee notes the information provided in the Government’s report regarding the activities of the SEPE, in particular the violations detected, the number of cases brought to the courts, and the penalties imposed up to 2020. The Committee notes that Ministerial Decision 80016/2022 categorizes the types of violations and determines the amount of fines to be imposed by the labour inspectorate for violations of labour law. In its observations, the GSEE points to a significant and unjustified reduction of fines for breach of labour law, which benefits and encourages employers' infringements. In this respect GSEE places emphasis on the need to immediately re-evaluate the system of fines and their calculation involving representatives of SEPE. The Committee requests the Government to provide its comments in this respectand to indicate the measures taken or envisaged to ensure the establishment of adequate penalties for the violation of legal provisions enforceable by labour inspectors. The Committee requests the Government to continue to provide detailed information on the number of violations detected, the number of cases brought to the courts, and the penalties subsequently imposed.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation. The Committee previously asked the Government whether it was considering, in view of the potentially large proportion of work dedicated by labour inspectors to conciliation functions, the separation of the functions of conciliation from those of inspection. In this regard, the Committee notes the Government’s indication that the Greek Labour Inspectorate (SEPE) is planning to modernize and redesign the labour dispute resolution process, so as to render it more accessible to workers and less time-consuming for labour inspectors, while ensuring the separation of conciliatory and supervisory functions. It notes the Government’s indication that the conciliation procedure is preferred by workers in a number of cases over inspections visits (for example, in relation to delayed payment of wages), as an immediate solution can be found for workers. In this context, the Committee also recalls from the 2012 audit that one of the recommendations related to the establishment of a separate unit for the examination of grievances by dispute resolution officers, in view of the fact that there is already a select group of officials specializing in labour disputes at the Ministry of Labour, Social Security and Welfare (MLSSW). The Committee requests the Government to provide detailed information on the consideration given, in the framework of the plan of the SEPE to modernize the labour dispute resolution process, to create a separate unit with officials specializing in dispute resolution. In the meantime, it requests again the Government to provide information on the number of labour inspectors entrusted with conciliation functions and those carrying out enforcement and advisory functions within the meaning of Article 3(1)(a) and (b) of the Convention.

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the labour inspection services. The Committee notes the Government’s indications that the annual activity reports of the SEPE are published on the website of the MLSSW. However, the Committee notes that this report has not been received at the ILO. In this context, the Committee also notes the Government's reference to the implementation of an integrated information system, which will lead to fundamental changes with regard to the time and the method used for the reporting of statistical data. The Committee requests the Government to take measures to ensure that the annual report of the SEPE is communicated to the ILO, as required by Article 20, and that it contains information on each of the subjects listed in Article 21. Please also continue to provide information on the impact of the implementation of the integrated information system on the collection of relevant inspection data.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Union of Occupational Safety and Health Inspectors received on 9 December 2013 and of the Greek Association of Labour Inspectors (GALI) received 10 December 2013, and the reply of the Government to these observations in its report. The Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors received on 14 November 2014.

The Committee notes the information provided by the Government in response to the Committee’s previous request concerning the training activities provided to labour inspectors, including in the area of gender equality and the activities of labour inspectors relating to the protection of disabled workers (Articles 3(1)(a) and 7 of the Convention).

Technical assistance. Follow-up to the labour inspection needs assessment established by the ILO in 2012. The Committee previously noted with interest the establishment of a Special Action Plan (SPA) for the strengthening of the Greek Labour Inspectorate (SEPE) based on the recommendations made in the 2012 ILO labour inspection needs assessment. It also noted that the GALI expressed concern with regard to the discontinuation of the work of the five working groups to implement the 17 actions in the SPA. In this regard, the Committee notes the Government’s indications in its report that the working groups have completed their work in August 2013 as planned. The Government further emphasizes that all actions for the strengthening and restructuring of the SEPE were based on the activities of the working groups and that relevant actions were also incorporated in the labour inspection programme for 2014–20. The Government indicates that it intends to continue availing itself of technical assistance for the strengthening of the SEPE.

In this regard, the Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors, pointing to several areas of non compliance with the Convention and a lack of progress in implementing the recommendations made in the 2012 ILO needs assessment, including among other things: the development of a sound enforcement policy (Articles 3(1)(a), (b) and 17 of the Convention); the insufficient cooperation between the SEPE and other government authorities, such as the judicial authorities, social security authorities, police, etc. (Article 5(a)); the insufficiency of the training provided to labour inspectors (Article 7(3)); the lack of discretionary power of labour inspectors due to the obligation to impose predetermined fines without the possibility to take into account the specificities of the case (Article 17(2)); and the lack of legal protection of labour inspectors against threats and violence in the performance of their duties which have increased during the economic crisis (Article 18). Further allegations of the Union of Occupational Safety and Health Inspectors are treated in relation to the relevant Articles below. The Committee requests the Government to provide its comments in relation to the observations of the Union of Occupational Safety and Health Inspectors. Please also provide information on the content of the labour inspection programme for 2014–20 and the follow up given to the recommendations in the 2012 audit, including information on how the implementation of the objectives in this programme have contributed to the improved application of the Convention.

Articles 3, 4, 6, 10 and 16 of the Convention. Restructuring of the labour inspectorate. The Committee previously noted that the GALI and the Union of Occupational Safety and Health Inspectors expressed fears that some plans of the Government might lead to the downgrading of the labour inspectorate.

Concerning the organizational structure of the SEPE in the context of the broader restructuring of the public administration, the Government refers to Presidential Decree No. 113/2014 governing the Statute of the Ministry of Labour, Social Security and Welfare (MLSSW). The Government explains that, in accordance with this Decree, the SEPE continues to fall under the direct responsibility of the Minister of MLSSW and is headed by the Executive Secretary who was appointed in December 2013. In response to the concerns raised by the Union of Occupational Safety and Health Inspectors in this regard, the Government emphasizes that Act No. 4144/2013 only provides for the possibility to suspend and not to abolish labour inspection departments, and that provisions are being made for the transfer of competences to other organizational units to avoid problems in the provision of services. It further notes the Government’s indications in relation to the abovementioned observations of the Union of Occupational Safety and Health Inspectors that the decision to abolish nine posts in the labour inspectorate was taken in the framework of job reductions in the whole public sector. The Committee also notes the indications of the Government that 829 posts are foreseen in the revised organizational chart of the SEPE.

In this regard, the Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors that: the abolition of seven local safety and health inspection services resulted in the reduction of the protection of workers in these regions and increased travel expenses; the organizational reorganization resulted in insufficient financial management, legal and technical support for the labour inspection services; and the number of labour inspectors and support staff of the SEPE is insufficient, and continues to decrease with currently about 700 employees working at the SEPE, and with labour inspectors spending a substantial amount of their working time on secretarial duties. The Committee requests the Government to provide its comments in relation to the observations of the Union of Occupational Safety and Health Inspectors. Please provide detailed information on the total number of labour inspectors and support staff and their distribution throughout the territorial structures of the labour inspectorate. The Committee also requests the Government to provide information on the total number of labour inspections undertaken by the labour relations directorates and the OSH directorates since 2011 (by specifying the number of inspections in the different regions of the country).

Article 3(1)(a), (b) and (2). Labour inspection activities in the area of undeclared work and illegal employment, including in relation to foreign workers. The Committee notes that the Government continues to provide detailed information in relation to the numerous activities undertaken by the SEPE to combat undeclared work and illegal employment. In this regard, the Committee also recalls the findings in the 2012 ILO labour inspection needs assessment, indicating that OSH inspections are used to combat illegal work, which may divert resources and have a negative impact on the protection of the safety and health of workers. In this context, it also notes that the Union of Occupational Safety and Health Inspectors indicates that the obligation of OSH inspectors to perform inspections with regard to undeclared work, including the control of foreign workers in an irregular situation does not come within their mandate, may affect the performance of their main tasks in view of the different nature of these tasks, and raises ethical and practical concerns as to the relations of labour inspectors with foreign workers in an irregular situation. Concerning inspections with regard to the legal situation of foreign workers, the Government reiterates that labour inspectors control the same legal provisions irrespective of the workers concerned. The Committee notes that the Government has not provided the requested information concerning the specific role of labour inspectors in granting foreign workers their due rights. The Committee requests the Government to provide information on the measures it is taking to ensure that the functions relating to the control of undeclared work do not negatively impact on the functions of labour inspections in relation to the control of the application of the legal provisions relating to the protection of workers, including their safety and health. In this regard, the Committee requests the Government to provide detailed information on the total number of labour inspections since 2011 (by specifying the number of OSH inspections and those relating to undeclared work). The Committee once again requests the Government to specify the role and activities of labour inspectors in relation to foreign workers, where they are found to be in an irregular situation (facilitating the filing of complaints and the institution of proceedings, informing foreign workers about their rights to claim their outstanding wages before the civil courts, notification to the immigration authorities, etc.). Please also provide information on the number of cases in which foreign workers in an irregular situation have been granted their due rights (number of cases in which foreign workers have been paid outstanding wages and benefits) or where their situation has been regularized.

Article 11. Material resources of the labour inspectorate. Reimbursement of expenses incurred by labour inspectors in the exercise of their duties. The Committee notes the Government’s indications that, from January to July 2014, the budget of the SEPE increased by €2.67 million due to the fact that 20 per cent of the fines imposed for administrative sanctions now constitute budget revenue of the SEPE. It notes with interest the Government’s indications that 60 additional vehicles have been made available to the labour inspection services.

While the Committee notes the indications of the Government that section 80 of Act No. 4144/2013 and a Joint Ministerial Decision published in 2014 now regulate the reimbursement of travel cost payment to labour inspectors. It also notes the observations made by the Union of Occupational Safety and Health Inspectors that the majority of travel expenses are not covered, as reimbursement is limited to five inspection visits per month and €20 per inspection visit, whereas the objective for every labour inspector is to undertake at least 24 inspection visits per month.

The Committee further notes the observations made by the Union of Occupational Safety and Health Inspectors that: between 2009 and 2014, there has been a reduction in the budget by €4.3 million (from €28 million to €23.7 million); the number of travel facilities is insufficient despite the purchase of 60 additional vehicles; and that labour inspectors are not provided with the personal protective equipment required for inspections in high-risk workplaces. The Committee requests the Government to provide its comments in relation to the observations of the Union of Occupational Safety and Health Inspectors. It requests the Government to take the necessary measures to ensure that labour inspectors are reimbursed all expenses incurred in the performance of their duties, and that they are provided with the required personal protective equipment to ensure their protection against risks to their safety and health during the performance of their duties. Please also provide information on the budget allocated to the labour inspection services, and describe the availability of transport facilities throughout the territorial structures of the labour inspection services.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report, received by the Office on 27 November 2013, as well as the observations made by the Union of Occupational Safety and Health Inspectors received on 8 February 2013 and 18 October 2013 and the observations made by the Greek Association of Labour Inspectors (GALI) received on 22 October 2013, which were forwarded to the Government on 22 November 2013.

Articles 1, 3, 4, 5, 6, 7, 10 and 11 of the Convention. Reinforcement and restructuring of the labour inspection system with ILO technical assistance. In its previous comments, the Committee emphasized the crucial role of labour inspection in times of crisis in ensuring that workers’ rights are respected, so that the crisis does not serve as a pretext for lowering labour standards, and it noted with interest that the Government had availed itself of ILO technical assistance. In this context, the Committee notes with interest the Government’s indications that a Special Action Plan (SPA) for the strengthening of the Greek Labour Inspectorate (SEPE) has been established based on the recommendations made in the ILO audit submitted to the Ministry of Labour, Social Security and Welfare (MLSSW) in December 2012 (the 2012 needs assessment), which correspond to a large extent to the Committee’s previous comments on the application of the Convention. The Committee also notes the Government’s reference to the establishment of five working groups in the SEPE for the implementation of the 17 actions in the SPA (including the organization and functions of the SEPE, the development of a human resources policy for labour inspectors, the management of data through information systems and records, etc.), as well as to certain activities for their implementation in 2013.

However, the Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors and the GALI in October 2013 that the activities of these working groups have been discontinued since July 2013. The Union of Occupational Safety and Health Inspectors therefore expresses doubts as to the Government’s intention to follow the general recommendations of the 2012 audit and indicates that the content of ministerial decisions and internal instructions for the staff of the MLSSW tend to show instead the Government’s intention to downgrade the labour inspectorate. In this regard, the Committee also notes the GALI’s reference to the alleged Government plans to abolish the independent Executive Secretariat of the MLSSW as the central authority of the SEPE and to replace the labour inspection system with an inferior body (such as a general directorate) under the MLSSW, which the trade union fears would deprive the labour inspection system of its autonomy and independence. The GALI indicates that these assumptions are also confirmed by the fact that the position of special secretary of the SEPE has not been filled for several months. The Committee further notes the Union of Occupational Safety and Health Inspectors’ reference, in its observations in February 2013, to several options for the restructuring of the SEPE, two of which suggested a reduction in the total number of occupational safety and health (OSH) inspectorates throughout the regional structures of the SEPE by 39 per cent. The Committee also notes, with reference to its observation made under the Labour Administration Convention, 1978 (No. 150), that a letter of intent was signed by the MLSSW, the ILO and the European Commission (EC) Task Force for Greece through which an invitation was extended to the ILO to provide technical assistance, including in the area of labour inspection. The Committee requests the Government to make any comments it deems appropriate on the observations of the Union of Occupational Safety and Health Inspectors and the GALI and to keep the ILO informed of the measures taken on the basis of the recommendations of the ILO audit and the 17 actions in the SPA (improvement of the human resources and material means of the SEPE, capacity building and improved conditions of service of labour inspectors, improved cooperation throughout the structures of the SEPE, collaboration with the social partners, etc.) and their impact on the labour inspection system. Please also provide information on any formal steps taken by the Government to avail itself of renewed ILO technical assistance for this purpose.

In this context, the Committee also asks the Government to provide information on any measures taken or envisaged for the restructuring of the SEPE, to communicate an updated organizational chart of the SEPE to the ILO, and to indicate whether a new special secretary of the SEPE has been appointed.

Articles 3(1)(a) and (b), 5(a), 17 and 18. 1. Increased activity of the labour inspectorate in the area of undeclared work and illegal employment, including the enforcement of increased sanctions. The Committee notes the Government’s indications that in recent years significant activities have been undertaken by the SEPE to combat undeclared work and illegal employment. In this regard, the Committee notes the statistical information provided by the Government and its reference to: (i) the restructuring of the SEPE; (ii) the establishment of the Financial and Economic Crime Unit (FECU) for the control of serious cases of undeclared work; (iii) the establishment of joint inspections teams of the SEPE, the Social Insurance Institute (IKA), the newly created FECU and the police; (iv) the imposition of more severe sanctions; (v) the creation of joint electronic platforms to facilitate data exchange between SEPE offices, the Manpower Employment Organization (OAED) and the IKA; (vi) intensified inspections and improved inspection methods, including cooperation and the exchange of data, know-how, methods and inspection tools between these bodies; and (vii) the carrying out of targeted inspections in sectors with high rates of undeclared employment.

In this context, the Committee also notes the information provided by the Government on the creation of the “ERGANI” Information System at the MLSSW, which requires employers registered with the IKA to submit the required information online (forms E3–E10) to the SEPE and the OAED, which according to the Government allows for the electronic recording of salaried employment movement and contributes to the fight against undeclared work and contribution evasion. The Committee further notes the Government’s indications that Ministerial Decision No. 27397/122 of August 2013 on combating undeclared work introduces severe administrative sanctions for undeclared work that can be imposed on the spot by labour inspectors. In case of recurrence, a temporary or permanent closure of the business may be imposed. The Committee notes the observations made by the GALI and the Union of Occupational Safety and Health Inspectors that Ministerial Decision No. 27397/122 obliges labour inspectors to impose sanctions in certain cases and denies them the discretionary power called for by Article 17(2) of the Convention. In this respect, the GALI also refers to a progressive transformation of the inspection system into a “police of the labour market, limited to tax collection and suppression”.

The Committee notes that the Government reiterates that the primary objective of labour inspectors is to protect labour rights, including those of foreign workers, and adds that section 86 of Act No. 4052/2012 enables foreign workers to have recourse to the competent courts and authorities to claim any rights resulting from their past employment relationship including outstanding wages. However, the Committee notes that the Government does not specify the role of labour inspectors in this regard or provide information on cases in which foreign workers have been granted their due rights following the above procedures as the Committee requested it to do.

The Committee also notes from the 2012 needs assessment that, as a result of the crisis, there is a clear imbalance between inspections in the area of OSH and of general working conditions. Moreover, OSH inspections, in addition to inspection of general working conditions, are used to combat illegal work, which may have a negative impact on the safety and health of workers. The Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors in this regard.

Referring to paragraph 78 of its 2006 General Survey on labour inspection, the Committee reminds the Government that efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. It also underlines that, in accordance with Article 3(2) of the Convention, any further duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers should be assigned to labour inspectors only in so far as they do not interfere with their primary functions or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In these circumstances, as recalled in the General Survey, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. The Committee requests the Government to continue to provide information in its next report on the number of activities carried out by the SEPE in the area of undeclared work in relation to the number of activities in other areas, in particular in the area of OSH. It asks the Government to provide information on the impact of these activities, not only on reducing undeclared work, but also on regularizing the situation of the workers concerned.

The Committee requests the Government to continue to provide information on the activities carried out by the SEPE in the area of the control of the legality of employment of foreign workers and to furnish data on the impact of these activities on the payment of outstanding wages and benefits due to foreign workers who are in an undocumented situation, including where they are liable to expulsion or after they have been expelled.

The Committee once again requests the Government to specify the role of labour inspectors in recommending or facilitating the filing of complaints and the institution of proceedings vis-à-vis employers so as to extend further the protection of the statutory rights of workers in an undocumented situation and to ensure that foreign workers have effective access to the justice system, and to provide statistical information on relevant cases and examples of decisions rendered in this regard.

2. Measures to ensure the payment of wages and benefits. The Committee recalls its previous comments on the introduction of certain measures by Acts Nos 3996/2011 and 3863/2010 to guarantee the payment of wages and social security contributions. It notes the Government’s indications that: (i) the labour stamp was fully implemented as of 2012; (ii) the scope of the workers covered has been further extended in 2013; and (iii) promotional measures for its use have been taken (publication of circulars, guidelines and other documents by the IKA, etc.). While noting this information, the Committee observes that the focus of the measures taken appears to be on the payment of social security contributions rather than the payment of wages in full. It observes moreover from the annual labour inspection report for 2012 that 84 per cent of complaints from workers brought to the SEPE related to the non-payment of wages. The Committee asks the Government to provide information on the steps taken to evaluate the extent of the problem of the payment of wages and the measures taken to address it comprehensively. In this regard, the Committee asks the Government to provide information on the results of the labour stamp following its full implementation in 2012 on the payment of wages.

Noting that the Government has not provided the requested information on the electronic payment of wages, the Committee also once again asks the Government to provide information on the progress made with the implementation of the electronic system for the payment of wages (including the issuance of a ministerial decision for the entry into force of the relevant provisions of Act No. 3863/2010), in relation to the payment of outstanding wages and the regularization of the situation of undeclared workers.

3. Conciliation functions entrusted to labour inspectors. The Committee notes the information provided in the Government’s report that in 2012 labour inspectors dealt with 21,520 labour disputes, 10,125 of which were resolved resulting in the payment of €20,259,925 to workers. The Committee notes that the Government reiterates that, through this function, the payment of accrued wages and the protection of labour rights are ensured. Referring once again to paragraphs 72–74 of its 2006 General Survey on labour inspection, as well as to the recommendations made in the 2012 audit, the Committee asks the Government whether it is considering, in view of the potentially large proportion of work dedicated by labour inspectors to this function, the separation of the functions of conciliation from those of inspection. In the meantime, it once again asks the Government to indicate the number of labour inspectors who carry out the enforcement and advisory functions provided for under Article 3(1)(a) and (b) of the Convention, and those who carry out conciliation functions.

4. Implementation of the principle of equality of opportunity and treatment for men and women at work. Activities on matters relating to disabled workers. Following up on its previous comments on the need to improve the practical aspects of the institutionalized cooperation between the SEPE and the Ombudsman established by Act No. 3488/2006, the Committee notes with interest that during 2012 a specialized training programme was designed, in cooperation with the General Secretariat for Gender Equality and the Ombudsman, with the aim of training all industrial relations inspectors on issues concerning gender equality that will be implemented by the Training Institute of Public Servants from December 2013 to June 2014. The Committee asks the Government to provide detailed information on the above training (subjects covered, number of participants, frequency, etc.) as well as on its impact on the level of compliance with legal provisions in the area of non-discrimination. Please also provide information on the impact of this training on the cooperation with the Ombudsman and continue to indicate other measures taken or envisaged by the SEPE in order to strengthen this cooperation (the issuance of circulars delineating roles and responsibilities and enhancing cooperation, etc.). The Committee once again requests the Government to indicate any steps taken to strengthen protection against sexual harassment.

In addition, noting that the Government has not provided a reply in this regard, the Committee once again asks the Government to provide further information on the activities of the SEPE on matters relating to workers with disabilities, including cooperation with experts and training, and to indicate their impact on ensuring equality of opportunity and treatment for this category of workers.

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

Further to its observation, the Committee would also like to raise the following points.

Articles 3(1) and 5(a)–(b). Labour inspection activities in the area of occupational safety and health. The Committee notes the detailed information provided in the 2010 annual report of the Hellenic Labour Inspectorate (SEPE) on activities in the area of occupational safety and health. It notes, among other things with interest, that in November 2010 a Memorandum of Understanding was signed between the SEPE and the Hellenic Institute for Occupational Safety and Health which provides for cooperation between the two bodies in relation to technical support, training, research and awareness raising in a number of areas such as risk assessment and psychosocial risks. The Committee requests the Government to provide information on the activities carried out in this framework and their impact on the effective discharge of the labour inspection functions.

Article 14. Recording and notification of industrial accidents and cases of occupational disease. The Committee notes with interest from the Government’s report that article 43 of Act No. 3850/2010 provides that “[…] the employer is obliged to notify all industrial accidents within 24 hours to the competent Inspection Services, the local police stations and the Services of the competent insurance body with which the workers concerned are insured”. As regards the notification of occupational diseases, article 18 of Act No. 3850/2010 provides that “[…] the labour physician shall, through the enterprise, notify the labour inspectorate of occupational diseases amongst workers”, while article 19 of the same Act provides that “[…] in case the health unit of the insurance body or that of the National Health System (E.S.Y.) ascertains that a health problem has arisen, which is likely to be associated with the working environment, the competent labour inspection office and the labour physician employed by the undertaking are given all the necessary information about the event”. The Committee requests the Government to furnish any legal texts issued for the implementation of these provisions and provide information on the application of these provisions in practice and the impact they have had on the recording and notification of industrial accidents and cases of occupational disease, as well as the follow-up action taken by the SEPE in order to investigate such incidents and prevent their recurrence.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee takes note of the Government’s reports dated 31 August and 22 October 2012, the first of which also contains the Government’s reply to the comments made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in a communication dated 28 July 2011.

Articles 1, 3, 4, 5, 6, 7, 10 and 11 of the Convention. ILO technical assistance for the reinforcement of the labour inspection system. In its previous comments, the Committee notes the findings of the ILO high-level mission which visited the country in September 2011, and emphasized the crucial role of the labour inspection function in times of crisis in ensuring that workers’ rights are respected, so that the crisis does not serve as a pretext for lowering labour standards. The Committee noted with interest that following its previous comments, the Government availed itself of ILO technical assistance in the area of labour inspection and that, in this framework, two technical missions visited the country in September and October 2012, so as to carry out a needs assessment of the Greek Labour Inspectorate (SEPE). The objective of strengthening the labour inspection system was part of the first Memorandum of Understanding between the Greek Government and the “Troika” (International Monetary Fund (IMF), European Commission (EC), European Central Bank (ECB)) concluded in May 2010 and incorporated in Act No. 3845/2010. Moreover, as indicated in the Government’s report, the carrying out of an independent assessment of the SEPE was one of the commitments in the second Memorandum of Understanding of February 2012 which was enacted into law by Act No. 4042/2012.

In this context, the Committee notes with interest that the ILO missions which visited Greece benefited from the collaboration of the EC Task Force for Greece. It also notes with interest that, as observed by the two missions that visited the country and indicated by the Government in its report under the Labour Administration Convention, 1978 (No. 150), an IT project has been launched in order to electronically link all SEPE offices, and a database linking the SEPE with the Manpower Employment Organization (OAED) and the Social Insurance Institute (IKA) has been set up in the framework of collaboration with the European Union (EU), in order to simplify administrative procedures and enhance the effectiveness of the SEPE’s actions.

The Committee also notes, however, that in its report under Convention No. 150, the Government refers to drastic budgetary adjustments in the SEPE which have resulted in a sweeping reduction of the material means and incentives previously available for conducting of inspections, especially in the regions. With reference to the findings of the ILO high-level mission of September 2011, the Committee once again draws attention to the need to strengthen the governance of the labour inspection system, build capacities and ensure sufficient resources and means of action if the labour inspection system is to achieve the economic and social goals assigned to this public function. The Committee requests the Government to keep the ILO informed of the measures taken on the basis of the findings and recommendations of the ILO needs assessment, once available, and their impact on strengthening the labour inspection system and its coordination, ensuring sufficient human and material resources and realizing the primary objective of the Convention according to Article 3(1), which is the enforcement of legal provisions concerning the conditions of work and the protection of workers while engaged in their work.

Articles 3, 5(a), 17 and 18. Functions entrusted to the labour inspectorate, cooperation with other bodies and enforcement of sufficiently dissuasive sanctions. Control of undeclared work. The Committee notes that in its comments of July 2011, the GSEE referred to a staggering increase in non-standard forms of work (part-time and reduced time rotation work contracts), widespread precariousness in the labour market, and a considerable volume of unregistered work as a result of the dismantling of the industrial relations framework and employment protection legislation. As indicated by the GSEE, in a context of steadily increasing unemployment, these trends rendered jobseekers all the more vulnerable. According to the GSEE, in 2011, after the first year of the implementation of the programme associated with the international loan mechanism for the Greek economy, labour relations in Greece had qualitatively and quantitatively regressed by two decades, a fact which increased fears that the situation was out of control with harmful consequences to workers, especially women and youth, that might well be irreversible.

The Committee recalls that the high-level mission of September 2011 emphasized among other things that the high incidence of undeclared work – which was indeed alarming – raised questions as to the governance of the entire labour market and clearly needed to be addressed by the labour inspection system, with priority placed on wage payment and non-discrimination. The Committee also recalls from its previous comments that in this context, Act No. 3996/2011 (in combination with Act No. 3655/2010) entrusted the SEPE with additional functions, some of which had been previously carried out by social security inspectors, such as the control of undeclared work, as well as the control of the legality of the employment of foreign workers originating in EU and non-EU countries (third countries).

In its report the Government indicates that since the beginning of 2010, regular inspections have been conducted by joint teams of the SEPE and the Special Insurance Inspection Service of the IKA to control undeclared work. During 2011 (after the adoption of Act No. 3899/2010), these joint teams conducted 20,246 inspections in companies that account for 2.5 per cent of the total number of businesses in the country. The number of workers in the companies checked was 66,615 and the number of undeclared workers found was 19,968. The Government also provides some aggregate data on the inspection activities of the SEPE for the year 2011, according to which 31,515 inspections had been conducted by the Industrial (labour) Relations Service and 3,738 fines had been imposed amounting to a total of €10,937,418. Another 28,150 inspection visits had been carried out by the occupational health and safety service, and 590 fines had been imposed amounting to €1,704,111. The Committee understands from these data that a large proportion of the activities of the SEPE, notably its Industrial Relations Service, focused on the control of undeclared work. With reference to paragraph 77 of its 2006 General Survey on labour inspection, the Committee notes that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status and that the primary duty of labour inspectors is to ensure the enforcement of legal provisions relating to conditions of work (e.g. wages, hours of work, occupational safety and health) and the protection of workers (e.g. equality and non-discrimination, freedom of association, eradication of forced labour and child labour). Noting that the annual report of the SEPE for 2011 is not yet available, the Committee once again requests the Government to provide in its next report detailed information on the activities carried out by the SEPE in the framework of the implementation of Act No. 3996/2011 and their results (number of workplaces inspected, violations found, legal provisions concerned, advice provided and sanctions imposed) as well as the impact of these activities on reducing undeclared work and regularizing the situation of workers concerned.

Measures to ensure the payment of wages and benefits. The Committee also notes from the 2010 annual report of the SEPE, that over half of workers’ complaints concerned the non-payment of wages. In its previous comments, the Committee welcomed certain measures introduced by Acts Nos 3996/2011 and 3863/2010 such as the labour stamp and the obligation to pay wages electronically via bank accounts, which can be an effective guarantee of the payment of wages and social security contributions and be of great help in reducing the incidence of undeclared work and illegal employment. It recalls, however, from the report of the high-level mission of September 2011 that, at the time, the two measures had not yet produced any results. There was need for awareness raising on the labour stamp to promote its use, while the ministerial decision for the entry into force of the electronic payment of wages had not yet been issued.

In its latest report, the Government does not provide information on steps taken to promote the use of the labour stamp which it describes as a simple and easy way for employers to be fully protected against any complaint of illegal employment and the employees to safeguard their pension and health care rights. It also does not make any reference to measures for the introduction of the electronic payment of wages. The Committee reiterates its request for the Government to take necessary awareness-raising measures to promote the use of the labour stamp, as well as the necessary legal and practical steps for the implementation of the electronic system for the payment of wages (including the issuance of a ministerial decision for the entry into force of the relevant provisions of Act No. 3863/2010), and to keep the Office informed of progress made in this regard.

Positive incentives to encourage compliance. In its previous comments, the Committee took note of financial incentives introduced by section 24 of Act No. 3996/2011 (e.g. 80 per cent reduction of fines imposed) to persuade employers to discharge in a timely manner their obligations for the payment of outstanding wages and benefits due to workers. The Government indicates that this provision constitutes an innovation aimed at enabling the labour inspectorate to take immediate enforcement measures (imposition of sanctions for infringements of the labour law) and make reductions in certain cases (30 per cent reduction in case of immediate payment of the fine and 80 per cent reduction in case of the employer’s compliance). However, in order for this provision to enter into force, additional measures have been necessary in collaboration with the Ministry of Finance, like the issuance of a Revenue Code Number which was only introduced in 2012 by Circular 20585/25-01-2012 of the SEPE Directorate of Administrative and Technical Support. As a result, there are no data on the implementation results of this provision for the year 2011. The Committee once again requests the Government to indicate the impact of section 25 of Act No. 3996/2011, now that administrative measures have been taken for its entry into force, in relation to the level of compliance with legal provisions on conditions of work and the protection of workers, including wage payment and the regularization of the situation of undeclared workers.

Control of legality of employment of migrant workers. In its previous comments, the Committee noted that according to section 2(2)(a)(iv) of Act No. 3996, the SEPE is entrusted with the control of the legality of the employment of third country nationals and that section 2(2)(b) of the Act authorizes the SEPE to investigate, discover, identify and prosecute, in parallel and independently from other authorities and organizations, those who violate the provisions that are supervised by the SEPE. In its report, the Government indicates that in 2011, out of 19,968 workers who were found to be undeclared, 8,147 were foreign nationals, accounting for 39.49 per cent of the total number of foreign workers found during inspections in the companies checked (20,632 out of 66,615). The Government does not indicate how many of these foreign workers were nationals of third countries.

The Government also indicates that the primary objective of labour inspectors is to protect the labour rights of the said group of workers and adds that Act No. 4052/2012 on “Sanctions and Measures Against Employers of Illegally Staying Third Country Nationals in order to Combat Illegal Immigration” was adopted in 2012 in order to harmonize Greek legislation with EU Directive 2009/52/EC. This Act prohibits the employment of illegally staying third country nationals and entrusts labour inspectors with: (i) keeping records of employers against whom an administrative sanction has been imposed for infringing the prohibition of employing illegally staying third country nationals, keeping track of relevant judicial decisions and issuing relevant certificates; (ii) conducting regular and extraordinary inspections by sector of activity based on relevant risk assessments, in order to control the employment of illegally staying third country nationals; and (iii) notifying the Minister of Labour and Social Security of inspections conducted during the previous year as well as of their outcomes both in absolute figures and as a percentage of the employers for each sector (sections 79(1) and 90 of Act No. 4052/2012).

The Government explains that until recently, the SEPE acted in the same manner as regards foreign nationals who were illegally staying in the country and those who were legally staying but had no permit to work (e.g. cases of family reunification), by informing the regional authorities so that they might impose legal sanctions on employers (pecuniary fine and/or closure of business). Following the recent amendment of section 86 of Act No. 3386/2005 by section 14 of Act No. 3846 of 2010, and in accordance with the provisions of section 85 of Act No. 4052/2012, when the SEPE inspectors find evidence of illegal employment of foreign nationals from third countries, they themselves impose fines on employers. The Government does not specify whether labour inspectors continue to notify the regional authorities about their findings. The Government indicates that the functions of controlling irregular employment are to be exercised both together with and independently from the police but does not specify whether labour inspectors actually take part in any joint operations with the police or have any direct or indirect involvement in return procedures for workers who are illegally staying nationals of third countries.

The Committee once again recalls from paragraph 78 of its 2006 General Survey on labour inspection that any association of the labour inspectorate with the police and immigration authorities to target irregular workers is not conducive to the relationship of trust needed to create the climate of confidence that is essential to enlisting the cooperation of employers and workers with labour inspectors and that efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties.

The Committee also recalls from paragraph 78 of its General Survey that, while usually only employers are to be held accountable for illegal employment as such, with the workers involved being seen in principle as victims, where the workers concerned are foreigners residing illegally in the country, they are doubly penalized in that, in addition to losing their job they face the threat of expulsion, if not actual expulsion. Nonetheless, the fact that labour inspection in general has the power to enter establishments without prior authorization allows it more easily than other institutions to put an end to abusive working conditions of which foreign workers in an irregular situation are often the victim, and to ensure that workers benefit from recognized rights. In these circumstances, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers and not immigration law.

In this regard, the Committee notes with interest that Act No. 4052/2012 envisages penal sanctions for employers guilty of persistent infringements in respect of the simultaneous employment of a significant number of illegally staying third country nationals accompanied by particularly exploitative working conditions, including of minors (sections 87 and 88) and that a residence permit for humanitarian reasons may be provided to the victims of such practices (section 89). It also, notes however, that the penal sanctions introduced for such acts do not appear to be sufficiently dissuasive (minimum of five months’ imprisonment or minimum of six months where the victims are children).

The Committee requests the Government to specify the sanctions imposed by the courts on employers found to be guilty of particularly exploitative working conditions including of minors and to communicate the texts of relevant court decisions. It also requests the Government to indicate any steps taken to revise sections 87 and 88 of Act No. 4052/2012 so as to ensure that the minimum sanctions applicable for such acts are sufficiently dissuasive. The Committee requests the Government to provide detailed information on the activities carried out by the SEPE in the framework of the implementation of Acts Nos 3996/2011 and 4052/2012, and to furnish data on the impact of these activities on the punishment of employers guilty of trafficking and other forms of exploitation and on the payment of outstanding wages and benefits due to workers who are illegally staying nationals of third countries, including where they are liable to expulsion or after they have been expelled.

The Committee requests the Government to specify the role of labour inspectors in detecting infringements and in recommending or facilitating the filing of complaints and the institution of criminal proceedings vis-à-vis employers so as to extend further the protection of the statutory rights of workers in an undocumented situation and to ensure that workers who are illegally staying nationals of third countries have effective access to the justice system, and to provide data and examples of decisions rendered in this regard.

The Committee requests the Government to specify whether labour inspectors are associated in any police and/or immigration operations in the framework of combating illegal immigration and whether they have any direct or indirect involvement in expulsion procedures of workers who are illegally staying nationals of third countries. If that is the case, the Committee once again requests the Government to take measures so as to progressively dissociate the functions of enforcing immigration law (legality of employment of third country nationals) from those of supervising the observance of workers’ rights (e.g. protection of fundamental rights at work and payment of wages and statutory benefits) which constitute their primary duties under Article 3(1) of the Convention, and to keep the Office informed of progress made in this regard.

Implementation of the principle of equal opportunity and treatment for men and women at work. The Committee notes from the Government’s report that the SEPE contributes to the greatest extent possible to the increase in women’s participation in employment and, as such, constitutes one of the key guardians and promoters of the principle of equal treatment in employment and occupation. The Government provides data which show a marked increase in the number of discrimination cases referred to the Ombudsman from 16 cases in 2011 to 21 in the first half of 2012. It also indicates however, that although Act No. 3488/2006 establishes institutionalized cooperation between the SEPE and the Ombudsman, the practical aspects of this cooperation have not been standardized through circulars or instructions, leading to confusion and a need to clarify the new competencies and roles.

The Committee also notes from the 2011 report of the Greek Ombudsman, that even though collaboration with the SEPE has been positively assessed, room for progress exists in some areas so as to address: (i) the occasional transfer of files to the Ombudsman only after a meeting has taken place at the SEPE for the resolution of the dispute, which may restrict the margin of intervention by the Ombudsman; (ii) the occasional lack of notification to the Ombudsman of the final outcome of a case especially when it has recommended that a fine be imposed; (iii) the occasional practice of limiting labour inspectors’ roles to taking note of the parties’ opinions and recommending that they take their dispute to court without making any finding as to labour law violations; and (iv) the limited role of labour inspectors in sexual harassment cases where they usually avoid taking any position or action, and simply take note of the parties’ views before transferring the case to the Ombudsman.

Noting that according to the high-level mission report, priority attention should be placed on equality and non-discrimination in the current context of the labour market, the Committee requests the Government to indicate any measures taken or envisaged by the SEPE central authority in order to strengthen the cooperation with the Ombudsman in the area of non-discrimination, such as through the issuance of circulars delineating roles and responsibilities and enhancing cooperation, as well as through training made available to labour inspectors, as previously suggested by the Ombudsman, so as to increase awareness of relatively new concepts concerning discrimination. Furthermore, the Committee would be grateful if the Government would indicate any steps taken, including training of labour inspectors on investigation methods, to strengthen protection against sexual harassment.

The Committee also notes that according to the Government, in matters relating to disabled employees, the labour inspectors may cooperate on a case-by-case basis with experts appointed by the National Federation for the Disabled. The Committee requests the Government to provide additional information on the activities of the SEPE on matters relating to workers with disabilities, including cooperation with experts and training, and to indicate their impact on ensuring equality of opportunity and treatment for this category of workers.

Conciliation functions entrusted to labour inspectors. The Government indicates that Act No. 3899/2011 added the functions of an “Industrial Relations Conciliator” to those of Industrial Relations Inspectors. According to section 4 of Act No. 3996/2011, the Conciliator is a labour inspector with increased qualifications serving at the Industrial Relations Inspection Department where the application for conciliation is submitted. According to the Government, the Industrial Relations Conciliators perform their duties in a fully independent manner with objectivity and impartiality, at local, regional or national level. The Government adds that in 2011, 21,345 labour disputes were treated, 9,843 of which were resolved and €19,875,087 were paid to workers, thereby ensuring, to a large extent, the payment of accrued wages and the protection of labour rights.

The Committee recalls from its previous comments, that by virtue of Act No. 3899/2010, the scope of unilateral recourse to arbitration of collective disputes was limited to the issue of wages, leading to an increased need for conciliation of collective labour disputes on non-wage matters – a task now entrusted to the labour inspection system by Act No. 3996/2011. It also recalls that, according to section 3(7) and (9) of this Act, the conciliator (of both individual and collective disputes) should aim on the one hand, at ensuring the strict implementation of the applicable legislation and, on the other hand, at bringing the views of the parties closer together, by proposing solutions for reaching an agreement which the parties can accept, so as to ensure a quick resolution of disputes and industrial peace in the best interest of employers and workers.

The Committee once again refers to paragraphs 72–74 of its 2006 General Survey on labour inspection which emphasize the importance of avoiding overburdening inspectorates with tasks, which by their nature may be understood as being incompatible with their primary function of enforcing legal provisions. It recalls that the time and energy that inspectors spend on seeking solutions to collective labour disputes is often at the expense of their primary duties and that carrying out supervisory functions more consistently would lead to better enforcement of the legislation and hence a lower incidence of labour disputes. The Committee therefore once again requests the Government to take the necessary measures to ensure that the functions of conciliation are separated from those of inspection and entrusted to a distinct body. It would be grateful if the Government would provide information on any progress made to this end and, in the meantime, to indicate the number of labour inspectors who carry out the advisory and enforcement functions provided in Article 3(1)(a)–(b) of the Convention, and those who carry out conciliation functions.

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

[The Government is asked to reply in detail to the present comments in 2013.]

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 dated 16 May 2011. It also takes note of the discussion that took place at the Committee on the Application of Standards during the100th 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 concerning the application of 12 Conventions ratified by Greece including the Labour Inspection Convention, 1947 (No. 81). 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 Committee on the Application of Standards.

Article 3(1) and (2) of the Convention. Additional functions entrusted to the labour inspectorate. The Committee takes note of the detailed information provided by the Government to the high-level mission on the reform of the labour inspectorate (SEPE) which has taken place in the framework of the structural reforms introduced since May 2010, notably through the adoption of Act No. 3996 of 5 August 2011. It notes from the report of the high-level mission the Government’s indication that in order to avoid any abuse of workers’ rights, the role of the SEPE is the necessary complement to the introduction of a wide range of measures to render the labour market more flexible and competitive.

The Committee notes that according to the comments made by the GSEE in July 2010, the measures implemented in the framework of the structural reforms have led to a significant increase in precarious work without any parallel measure to strengthen the SEPE so as to ensure effective protection for workers. The GSEE refers to statistical data released by the SEPE, which show a marked trend towards individualized contracts and the unilateral modification by the employer of working terms under the threat of dismissals, as well as a trend for the abolition of full-time work and the imposition of reduced term rotation work. The GSEE also refers to the absence of sufficient numbers of qualified inspectors and the required infrastructure (e.g. office and transport facilities, adequate means of communication and record-keeping) and the consequent need for sufficient budgetary allocations to ensure the provision of effective inspection services.

The Committee notes from the high-level mission report that even though the mechanism to support the Greek economy provides for the strengthening of the SEPE and funds have been provided for that purpose, the reform of the labour inspection system appears to be primarily focused on detecting undeclared work (social security contribution collection) and migrant workers. It notes in this regard that in the framework of the reform introduced by Act No. 3996, the SEPE has been entrusted with additional functions some of which, the Committee understands, were previously carried out by social security inspectors, such as the control of undeclared work. The SEPE has also been entrusted with the control of the legality of the employment of foreign workers from third countries, as well as enhanced conciliation functions.

1. Control of undeclared work. The Committee notes that the high-level mission took note of a wide prevalence of undeclared work which raises questions as to the governance of the entire labour market. The high-level mission expressed the view that the SEPE’s indication that undeclared work represented 29 per cent in targeted sectors (while studies from research institutes refer to 60 per cent) is indeed alarming and that this issue clearly needs to be addressed. It considered that priority should be placed on issues like ensuring wage payment and more generally the protection of wages, as well as non-discrimination and other labour rights especially in the informal economy.

The high-level mission identified in its report a potential problem of non-payment or delayed payment of wages in full, as well as a widespread tendency in the informal economy to replace terms of employment set through collective agreements (especially at sector level) by individual contracts (largely oral) providing for lower pay, even lower than the floor set by the national general collective agreement. It noted furthermore that women, especially working mothers after their return from maternity leave, were identified as the ones most often offered flexible forms of employment, notably part-time or rotation employment – which has been promoted by the structural reforms – with reduced wages and that the disproportionate impact of the crisis on women was reportedly exacerbated by the stance of the SEPE which seemed reluctant or unable to play a role in gender discrimination cases, e.g. by imposing fines. The Committee refers in this regard to its comments under the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

The Committee notes that according to article 2(2)(a)(iii) of Act No. 3996, the functions of the SEPE include the supervision of the implementation of social security legislation concerning workers’ social security coverage, undeclared work and illegal employment. The Committee notes with interest among the recent innovations introduced by Acts Nos 3996/2011 and 3863/2010 in this framework the labour stamp, to ensure that social security contributions are paid for occasional work, and the obligation to pay wages electronically via bank accounts to ensure the automatic deduction of social security contributions. The Committee considers that these measures can be an effective guarantee of the payment of wages and social security contributions and can be of great help in reducing the incidence of undeclared work and illegal employment. It notes, however, from the report of the high-level mission that these measures had not yet produced effects at the time of the mission. There was need for awareness raising on the labour stamp to promote its use, while the Ministerial Decision for the entry into force of the electronic payment of wages had not yet been issued.

The Committee requests the Government to provide in its next report detailed information on the activities carried out by the SEPE in the framework of the implementation of Act No. 3996/2011 and their results (number of workplaces inspected, violations found, sanctions imposed) as well as the impact of these activities on reducing undeclared work.

Noting that article 24 of Act No. 3996/2011 introduces incentives (80 per cent reduction of fines imposed) to persuade employers to discharge their obligations for the payment of outstanding wages and benefits due to workers in a timely manner, the Committee requests the Government to indicate the impact of this provision on the level of compliance with the relevant legal provisions in general, as well as on the regularization of undeclared workers. The Committee also requests the Government to take the necessary awareness-raising measures to promote the use of the labour stamp, as well as the necessary legal and practical steps for the implementation of the electronic system for the payment of wages, and to keep the Office informed in this regard.

Furthermore, the Committee notes that according to article 2(2)(g) of Act No. 3996, the SEPE is entrusted with the examination of the implementation of the principle of equal opportunity and treatment for men and women at work. The Committee notes in this regard from the report of the high-level mission that the Ombudsperson has made suggestions on ways to improve the cooperation between this authority and the SEPE in relation to gender discrimination cases. First, according to the Ombudsperson, even though Act No. 3488/2006 establishes an institutionalized cooperation scheme between the two bodies on gender discrimination matters, the practical aspects of this cooperation have not been standardized through circulars or instructions, which leads to confusion. There is therefore a need to clarify the relatively new competencies and roles of the SEPE and the Ombudsperson respectively. Second, according to the Ombudsperson, labour inspectors need training on gender discrimination issues notably in the form of seminars comprising a theoretical and a practical part, so as to become more aware of relatively new concepts concerning discrimination issues. Noting that according to the high-level mission report, priority attention should be placed on non-discrimination in the framework of the activities of the SEPE, the Committee requests the Government to indicate any measures taken or envisaged in order to strengthen the cooperation with the Ombudsperson in the area of non-discrimination, such as through the issuance of circulars delineating roles and responsibilities and training made available to labour inspectors.

2. Control of legality of employment of migrant workers. The Committee notes that, according to article 2(2)(a)(iv) of Act No. 3996, the SEPE is entrusted with the control of the legality of the employment of third country nationals. Article 2(2)(b) of the Act authorizes the SEPE to investigate, discover, identify and prosecute, in parallel, and independently from other authorities and organizations, those who violate the provisions which are supervised by the SEPE.

The Committee would like to recall that, as indicated in paragraphs 76–78 of its 2006 General Survey on labour inspection with regard to the increasing tendency to link inspections to clandestine work and irregular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. Moreover, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers and not immigration law. The Committee would be grateful if the Government would indicate the manner in which effect is given to article 2(2)(b) of Act No. 3996, which empowers the SEPE to investigate and prosecute those who violate the provisions which are enforceable by the SEPE including the provisions concerning the legality of employment of migrant workers.

The Committee also requests the Government to take the necessary measures to ensure that the functions of enforcing immigration law (legality of employment of third-country nationals) are dissociated from those of controlling the observance of workers’ rights and are not entrusted to labour inspectors and to keep the Office informed of progress made in this regard.

Furthermore, the Committee requests the Government to indicate the measures taken by the SEPE to ensure the discharge by the employers of their obligations with regard to the statutory rights of foreign workers in an irregular situation, such as the payment of outstanding wages and other benefits due for the work accomplished during the employment relationship, particularly in cases where these workers are liable to expulsion.

3. Conciliation functions. The Committee notes that according to article 2(12) of Act No. 3996, the SEPE is entrusted with providing advice, if requested by employers and workers, in the conduct of collective bargaining and in the resolution of individual and collective disputes. In addition, the Committee notes that article 3(1), (4), (5) and (6) of Act No. 3996/2011 gives to senior labour inspectors in the local offices of the SEPE throughout the country conciliation functions in relation to collective and individual labour disputes, and provides that the central authority exercises similar functions in case of national level labour disputes which may disturb industrial peace and deregulate labour relations and have a serious impact on the national economy. The Committee notes in this regard that, by virtue of Act No. 3899/2010, the scope of unilateral recourse to arbitration of collective disputes has been limited to the issue of wages which may probably lead to an increased need for conciliation of collective labour disputes on non-wage matters.

The Committee also notes that, according to article 3(7) and (9) of Act No. 3996/2011, the conciliator should aim on the one hand, at ensuring the strict implementation of the applicable legislation and, on the other hand, at bringing the views of the parties closer together, by proposing solutions for reaching an agreement which the parties can accept, so as to ensure a quick resolution of disputes and industrial peace in the best interest of employers and workers.

The Committee would like to underline that the two functions of inspection and conciliation are often incompatible in the sense of Article 3(2) of the Convention, according to which any further duties which are entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties (enforcement and advice) or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee also draws the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee emphasizes in paragraphs 72–74 of its General Survey of 2006 on labour inspection the importance of avoiding overburdening inspectorates with tasks, which by their nature may be understood as incompatible with their primary function of enforcing legal provisions. It recalls that the time and energy that inspectors spend on seeking solutions to collective labour disputes is often at the expense of their primary duties and that carrying out supervisory functions more consistently would lead to better enforcement of the legislation and hence a lower incidence of labour disputes. The Committee therefore requests the Government to take the necessary measures to ensure that the functions of conciliation are separated from those of inspection. It would be grateful if the Government would provide information on any progress made to this end and in the meantime, to indicate the categories and number of labour inspectors who carry out the advisory and enforcement functions of the labour inspection provided for in Article 3(1)(a) and (b) of the Convention compared to those who carry out conciliation functions.

4. Potential ILO technical assistance. The Committee would like to emphasize the crucial role of the labour inspection function in times of crisis in ensuring that workers’ rights are respected so that the crisis does not serve as a pretext for lowering labour standards and the need to strengthen the resources and means of action of the labour inspection system if it is to achieve the economic and social goal assigned to this public function.

The Committee notes that the need to strengthen the governance of the labour inspection system, build capacities and ensure probity of the labour inspectors emerged in discussions between the high-level mission and its interlocutors at the national and international levels and that the high-level mission identifies these areas as potential targets for ILO technical assistance. Noting with interest the suggestion of the high-level mission for an objective needs assessment of the labour inspectorate to be followed by ILO support in mutually agreed areas, as well as the indication of the European Commission to the high-level mission that there is room for the assistance of the ILO in the areas within its mandate, including labour inspection, the Committee invites the Government to avail itself of ILO technical assistance in the area of labour inspection and to provide information to the Office on the steps taken in this regard.

[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. It notes in particular that the GSEE refers to the lack of human, material and budgetary resources needed to enhance the operational capability of the labour inspectorate (SEPE) in the framework of the sweeping changes introduced in industrial relations legislation.

The Committee will examine the comments by the GSEE along with the Government’s reply thereto, as well as the Government’s report which was received on 8 November 2010, at its next session.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Referring to its observation, the Committee would like to draw to the Government’s attention the following points.

Article 3 of the Convention. Additional duties performed by labour inspectors. The Committee notes the detailed statistics provided by the Government on the control of illegal employment. It notes that such control has been generally related to complaints filed with the labour inspectorate, which correspond to 0.61 per cent of all complaints. Given the limited scope of these activities, the Committee observes that they do not appear to constitute additional duties which could interfere with the effective discharge of the primary duties of labour inspectors, that is to secure the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as the provisions relating to hours, wages, safety, health and welfare, the employment of children and young persons and other connected matters. The Committee also notes from the Government’s report that, where infringements are found, administrative sanctions are imposed on the employers responsible for such violations.

The Committee recalls that the role of the labour inspectorate, pursuant to the provisions of the Convention, is in principle to monitor not the legality of the employment relationship but the conditions in which the work is performed. In paragraph 77 of its General Survey of 2006 on labour inspection, the Committee recalled that neither Convention No. 81 nor the Labour Inspection (Agriculture) Convention, 1969 (No. 129), contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. In paragraph 161 of the abovementioned General Survey, the Committee observed that, in view of the growing numbers of foreign and migrant workers in many countries, the labour inspectorate is often asked to cooperate with the immigration authorities and that such cooperation should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions. In this respect, it should be emphasized that the expression “while engaged in their work” used in Article 3(1)(a), of the Convention indicates that the protection afforded by the labour inspection must be provided to all workers for the period of their employment relationship. In order to remain in conformity with the purpose of their duties, the action taken by inspectors should enable the implementation of legal proceedings against employers guilty of contraventions, entailing not only the imposition of adequate penalties in accordance with the various categories of contraventions but also the requirement to pay any outstanding sums owed to the workers concerned for the actual duration of their period of employment. The financial consequences (fines and workers’ wages) resulting from the actions of the labour inspectorate can constitute an effective deterrent against the employment of persons in an irregular situation with regard to labour legislation. In light of the above, the Committee would be grateful if the Government could indicate in which way the labour inspectorate ensures that workers in an irregular employment status are covered by the same legal protection of their terms and conditions of work as regular workers. In particular, please indicate in which way foreign workers in an irregular residency status may recover their acquired rights, for example the payment of wages and social security benefits, in case they are expelled from the territory by the authority competent for the control of illegal migration.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the justice system. The Committee takes note of the detailed information provided by the Government in reply to its general observation made in 2007 with regard to cooperation between the labour inspection services and the justice system. The Committee would be grateful if the Government could provide statistical information on the number of appeals against imposed fines brought to the administrative courts and the decisions rendered. Please also indicate the number of infringements reported to the competent authorities, the number of convictions and particulars on the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 20 of the Convention. Publication of the annual labour inspection report. The Committee notes with satisfaction that the Government published the annual labour inspection report for 2007 less than 12 months after the end of the year to which it related, and communicated it to the ILO by September 2008. The Committee would be grateful if the Government would ensure the continuation of this practice, in accordance with Article 20 of the Convention.

Article 21. Content of the annual labour inspection report. The Committee notes with interest the detailed information and statistics contained in the annual report for 2007 on labour inspection visits by branch of activity, industrial accidents, the establishments and workers covered, the violations found and the penalties imposed. The Committee however notes that, while Article 21 refers to statistics of cases of occupational disease, such statistics are still not reflected in the annual report. The Committee would be grateful if the Government would indicate whether and in which manner statistics on occupational diseases are being collected and whether their publication in the annual report is envisaged.

The Committee would also be grateful if the Government would indicate or transmit to the ILO any comments made by employers’ and/or workers’ organizations on the work of the labour inspection services.

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

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

The Committee notes the Government’s detailed report and the partial response to its previous comments. Further to its previous comments, it would be grateful if the Government would provide additional information on the following points.

Labour inspection and child labour. The Committee would be grateful if the Government would indicate exactly what the penalties are for breach of the legislation on child labour and of the implementing measures, and to provide copies of any relevant texts.

Men and women labour inspectors (Article 8 of the Convention). The Committee notes with interest the even distribution of men and women in the staff of the labour inspectorate and it would be grateful if the Government would indicate whether women labour inspectors are assigned, by law or in practice, to specific tasks or to the inspection of establishments with a majority of female workers, if such establishments exist.

Information and statistics of inspection activities (Articles 14 and 21). The Committee notes with interest the detailed statistics in the annual labour inspection report for 2002 on labour inspection visits by branch of industrial activity, industrial accidents, geographical distribution of the labour inspectorate staff, the establishments and workers covered, and the penalties imposed. The Committee welcomes the consistent decline in occupational accidents among insured workers, and it would be grateful if the Government would provide information, together with the texts of any laws or regulations, on the manner in which effect is given to Article 14, which provides that the labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national legislation.

The Government is also asked to ensure that, in future, the annual inspection report is transmitted within the period prescribed by Article 20 of the Convention and that it contains statistics of cases of occupational disease (Article 21).

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

The Committee notes the Government’s report and the information provided in reply to its previous comments. It also notes the documents attached to the report, and particularly the inspection report for the second half of 1999.

Labour inspection and child labour. Noting in the above inspection report that, during the period covered, 1,763 authorizations were issued, in accordance with Act No. 1837 of 1989 respecting the protection of young persons in relation to employment, and after the compulsory medical examination had been carried out by social security doctors, allowing children to be employed in certain specific types of work, the Committee would be grateful if the Government would take measures to ensure that the next inspection report contains statistics on the results of activities to supervise the application of the above Act (such as cases and types of violations, and the sanctions imposed).

Distribution by sex of the staff of the labour inspectorate and specialized duties. The Committee notes with interest the significant proportion of women in the staff of the labour inspection services. It would be grateful if the Government would provide information on their distribution by grade in the inspectorate and would indicate whether, as envisaged in Article 8 of the Convention, special duties are assigned to men and women inspectors, respectively.

Notification and statistics of cases of occupational disease. The Committee notes that the inspection report provided does not contain statistics on cases of occupational disease, as required by Article 21(g). The Committee requests the Government to indicate the texts which provide a legal basis for the obligation, as required by Article 14, of the notification of labour inspectors of cases of occupational disease and to ensure that the relevant statistics are included in future annual inspection reports, the content of which and the time limits for their publication and transmission to the ILO should comply with the requirements of Articles 20 and 21.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its observation, the Committee requests the Government to supply additional information on the following points.

Article 2, paragraph 2, of the Convention. The Government is requested to indicate the legal basis for the exemption of certain undertakings from the application of the Convention and to specify the undertakings or parts of undertakings exempted by virtue of section 7, paragraph 1(a), of Act No. 2639.

Article 3, paragraph 2. The Government is asked to indicate whether the functions ascribed by Presidential Decree No. 136 on the Organization of the Services of the Labour Inspectorate in its section 9, entitled "Mandate of the Social Inspection Directorate" are carried out by different public servants from those responsible for the principal functions set out in Article 3, paragraph 1(a), (b) and (c).

Article 8. The Government is asked to indicate the proportion of women within the labour inspection team responsible for the duties described in Article 3, paragraph 1, and the manner in which effect is given to this provision which specifies that, where necessary, special duties may be assigned to men and women inspectors.

Article 12, paragraphs 1(c)(iii) and 2. The Government is asked to provide information on the manner in which effect is given to these provisions.

Article 15. The Government is asked to indicate the legal provisions relative to labour inspectors' duties as defined by Article 15(a), (b) and (c).

Articles 20, paragraph 2, and 21. Having noted that according to the new legislation the central body responsible for labour inspection must transmit copies of the annual inspection reports to the ILO, the Committee recalls that, pursuant to Article 20, paragraph 2, these reports dealing with the subjects listed under Article 21 must also be published within a reasonable time after the end of the year to which they relate and in any case within 12 months. The Committee requests the Government to transmit copies of these reports regularly to the ILO and to indicate whether national legislation provides for the publication of these reports; if not, the Committee would be grateful if the Government would take the steps necessary to bring the legislation into conformity with this fundamental provision of the Convention and communicate information thereon.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with satisfaction the diligence and close attention which the Government has brought to the implementation of the recommendations of the Committee established by the ILO Governing Body to examine the representation made by the Federation of the Associations of Public Servants of the Ministry of Labour of Greece regarding non-observance of Article 4, paragraph 1, and Articles 6, 19 and 20 of the Convention. The Committee particularly notes that, with the adoption of Act No. 2639 of 2 September 1998 on the establishment, inter alia, of a Labour Inspection, and Decree No. 136/99 regarding the Organization of the Labour Inspection, a labour inspection system has been established under a central authority with responsibility to the Minister of Labour; this authority is assisted by a tripartite advisory body empowered to issue recommendations regarding the planning of action undertaken by the Labour Inspection and the annual activities reports and also to make proposals with a view to improving the efficacy of the labour inspection system; the labour inspection personnel is governed by the Public Service Statute; the inspection services must submit to the central authority, within the prescribed time limits, periodic reports on their activities, and an annual report drawn up by the central authority must be transmitted to the ILO no more than six months after the end of the period which it covers.

The Committee notes with interest that the new texts also give effect to Articles 3, paragraph 1; 5(a) and (b); 7; 9; 10; 11; Article 12(1)(a), (b), (c)(i) and (ii); 13; 14; 16; 17 and 18.

The Committee is addressing a request regarding certain points directly to the Government.

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

The Committee notes that at its 268th Session (March 1997), the Governing Body adopted the report of the committee set up to examine the representation made by the Federation of the Associations of Public Servants of the Ministry of Labour of Greece, under article 24 of the Constitution, alleging non-observance by Greece of the Labour Inspection Convention, 1947 (No. 81). The allegations relate to the incorporation of the labour inspectorate into autonomous prefectural administrations and to the consequences this incorporation has had on its operations. In its representation, the complainant Federation stated that since the new system came into force the labour inspectorate has experienced a real decline, as evidenced in particular by the lack of cooperation and coordination between inspection services, a failure to apply labour standards uniformly, the incorporation of the labour inspectorate into other prefectural services by assigning to them other tasks unrelated to their responsibilities, the transfer of competent and experienced inspectors to other services and the assignment to the labour inspectorate of people without experience or training in this area, the absence of guarantees of stability and independence for labour inspectors, and problems of informing workers of collective agreements and occupational relations. The Committee of Experts notes that the committee set up concluded that the organization of the labour inspectorate, as it results from Act No. 2218/1994 contravenes Article 4, paragraph 1, and Articles 6, 19 and 20 of the Convention.

Under the recommendations appearing in the Committee's report, the Government is requested to take the necessary measures to bring its legislation into conformity with the provisions of the Convention, in particular by placing the labour inspectorate under the supervision and control of a central authority. Under the same recommendations, it is also requested to submit, in accordance with article 22 of the Constitution, a report containing detailed information on the measures taken to give effect to the provisions of the Convention.

The Committee notes the information provided by the Government in September 1997, according to which a committee has been set up with a view to preparing a Bill for the reorganization and reintegration of the labour inspection services into the Ministry of Labour and Social Security. The committee comprises three directors-general of the Ministry, the heads of the labour inspectorate and of administrative organization, a civil servant from the Directorate for Working Conditions, and the President of the Federation of the Associations of Public Servants of the Ministry of Labour. The Committee requests the Government to provide information on the progress of the Committee's work and on that made in the application of the Convention.

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

Article 11, paragraphs 1(b) and 2, of the Convention. The Committee notes from the Government's report that it has done away with transport facilities earlier provided to labour inspectors, which has resulted in some difficulties in the exercise of their duties. The Committee recalls that the competent authority is required to provide labour inspectors with the necessary transport facilities for their work where suitable public facilities do not exist. Please provide indications as to what transport facilities are currently provided to labour inspectors and about the procedures to reimburse labour inspectors for any travel and incidental expenses needed for performing their duties.

Articles 20 and 21. The Committee notes the report of the central and regional Ministry of Labour services' activities for 1990 as well as a report for the second half of 1990 by the local labour inspectorate of Salonica. The Committee recalls that the Convention requires that the central inspection authority should publish, within a reasonable time after the end of each year to which the report relates and in no case within 12 months, an annual general report of the work of the services under its control and containing all the elements referred to in Article 21.

The Committee understands that tripartite inspection committees of three to five members exist in the construction industry and shipyards. Please describe the functioning of these bodies (in relation to Article 5(b)) and indicate any plans to extend them to other sectors of activity.