REPRESENTATION (article 24) - GREECE - C081 - 1997

1. Federation of the Associations of Public Servants of the Ministry of Labour of Greece

Closed

Report of the Committee set up to examine the representation alleging non-observance by Greece of the Labour Inspection Convention, 1947 (No. 81), made under article 24 of the ILO Constitution by the Federation of the Associations of Public Servants of the Ministry of Labour of Greece

Decision

1. The Governing Body adopted the report of the tripartite committee. Procedure closed.

Complaint Procedure

1. 1. In a communication dated 30 March 1995, the Federation of the Associations of Public Servants of the Ministry of Labour of Greece (FAMIT), referring to article 24 of the ILO Constitution, made a representation alleging non-observance by the Government of Greece of the Labour Inspection Convention, 1947 (No. 81).
2. 2. Convention No. 81 was ratified by Greece on 16 June 1955 and is in force for it.
3. 3. The provisions of the Constitution of the International Labour Organization concerning the submission of representations are as follows:
4. Article 24
5. (Representations concerning the application of a Convention)
6. In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.
7. Article 25
8. (Possibility of publishing the representation)
9. If no statement is received within a reasonable time from the government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.
10. 4. The procedure to be followed in the case of representations is governed by the revised Standing Orders adopted by the Governing Body at its 212th Session in March 1980.
11. 5. In accordance with articles 1 and 2, paragraph 1, of the Standing Orders, the Director-General communicated the representation to the Government of Greece and brought it before the Officers of the Governing Body.
12. 6. At its 264th Session (November 1995) (Endnote 1) and on the recommendation of its Officers, the Governing Body decided that the representation was receivable. It set up a committee to examine the representation, composed of Mr. Albalate Lafita (Government member, Spain), Chairman, Ms. Sasso Mazzufferi (Employer member, Italy) and Mr. Briesch (Worker member, France).
13. 7. In accordance with article 4, paragraph 1(a) and (c), of the Standing Orders, the Committee invited the Government to send its observations on the representation and invited the organization that made the representation to provide any additional information that it might wish to place before the Committee.
14. 8. In a letter dated 13 August 1996 the Ministry of Labour and Social Security said that the matter had been passed on to the Council of Ministers for decision. In a letter dated 9 January 1997 the new Minister of Labour stated that the Government formed after the September 1996 elections would shortly be looking into the matter and that the final response would be in accordance with Greece's international commitments.
15. 9. In communications dated 24 April 1996 and 16 January 1997 the complainant organization supplied additional information that was communicated to the Government.
16. 10. At its 267th Session (November 1996) the Governing Body appointed Mr. Blondel (Worker member, France) to replace Mr. Briesch. At its 268th Session (March 1997) it appointed Mr. López-Monis to replace Mr. Albalate Lafita.
17. Examination of the representation
18. A. Allegations made by the Federation of the Associations of the Public Servants of the Ministry of Labour of Greece
19. 11. The allegations concern the fact that the autonomous prefectural administrations have been made responsible for labour inspection and the effect that this has had on its functioning. The FAMIT states that Act No. 2218 of 13 June 1994 on the creation of the autonomous prefectural administration placed the labour inspectorate under the responsibility of the autonomous prefectural administrations and under the supervision of the competent director of the prefecture from whom it receives its instructions and orders. Under Act No. 2218/1994 all the powers of the prefects and prefectural committees come under the autonomous prefectural administrations. The FAMIT considers that these provisions violate the provisions of the Labour Inspection Convention, 1947 (No. 81) and that the labour inspectorate should have been excluded from the scope of the law, as are other administrations such as the national heritage, the ministries of national defence, foreign affairs, finance and justice, certain departments of the Ministry of the Interior, the national statistical office and the border veterinary and health control units of the Ministry of Agriculture.
20. 12. According to the complainant organization the Government of Greece has failed to respect the principle of Convention No. 81 that labour inspection should be placed under the supervision and control of a central authority. This central authority standardizes the professional requirements for newly recruited labour inspection staff, ensures the inspectorate's independence and integrity and monitors the application of labour standards. Before the new act was adopted one of the Ministry of Labour's fundamental tasks, thanks to a system of inter-prefectural support, was to make sure that the labour inspectorate's external services had enough experts and equipment. The new arrangements under Act No. 2218/1994 have meant a break in relations between the labour inspectorate and the central authority, as well as among the inspectors themselves, and have abolished the very status of labour inspection which is now part and parcel of the other prefectural services.
21. 13. The complainant alleges that since the new system came into force the effectiveness of labour inspection has steadily declined, mainly because of the absence of cooperation and coordination between the inspection services, the failure to apply labour standards in a uniform manner, the incorporation of the labour inspectors into other prefectural services by assigning them tasks that have nothing to do with their responsibilities, the transfer of tried and tested inspectors to other services and the appointment to the labour inspectorate of people with no experience or training in this field, the lack of any guaranteed stability or independence for the labour inspectors and the failure to inform workers properly of collective agreements and industrial relations.
22. 14. The documents communicated by the complainant organization in support of its representation include copies of a number of official statements by employers' and workers' organizations.
23. -- According to the President of the Federation of Greek Industrialists, placing the labour inspectorate under prefectural authority is unlikely to facilitate labour relations. Lack of coordination and the difference in the way the regional services handle labour issues pose serious problems for employers and workers. The Federation proposes that labour inspection be brought back under the supervision and control of the central authority of the Ministry of Labour, whose know-how and experience are essential for the coordination and smooth running of the regional services.
24. -- The General Confederation of Labour of Greece (CGTG) has stressed the need for labour inspection to be transferred back to the Ministry of Labour. According to the Workers of the Athens Labour Centre, placing the labour inspectorate under the autonomous prefectural authorities has led to a decline in the way it operates; because the prefectures are short-staffed, it has been assigned tasks that have nothing to do with its mandate. The Panhellenic Federation of Metal Workers refers to problems of information on collective agreements and industrial relations.
25. 15. The complainant organization has also sent a copy of a letter dated 4 March 1996 from the Minister of Labour and Social Security to the Minister of the Interior, Public Administration and Decentralization. Noting that the changes in the organization of the labour inspectorate were introduced without his Ministry being consulted, the Minister of Labour considers that placing it under prefectural authority was a mistake that has provoked numerous protests from the trade union movement and complaints from the General Confederation of Labour. According to the Minister of Labour the new arrangement has just taken into account in particular the provisions of Article 4, paragraph 1, and Articles 6, 19 and 20 of Convention No. 81 and jeopardizes the uniform application of labour legislation and the coordination of inspection services by a single central authority. The running of the labour inspectorate has been further upset by the lack of any infrastructure in the autonomous prefectural administrations, as a result of which tension has increased at the workplaces. According to the Minister, labour inspection should be immediately removed from the prefectural authorities.
26. B. Observations submitted by the Government of Greece
27. 16. In a letter dated 13 August 1996 the Minister of Labour states inter alia that, following its transfer to the prefectural administration, labour inspection began to suffer from a lack of cooperation and guidance from the central authority. This in turn has meant that the way labour legislation is being applied varies enormously, which is particularly serious at a time when the cooperation and support of the central authorities are more important than ever because of the extensive reform of labour legislation that is under way. The Minister stresses that both the Federation of Greek Industrialists and the trade union organizations are demanding that labour inspection be placed back under the exclusive authority of the Ministry of Labour. He adds that the matter has been submitted to the Council of Ministers for decision.
28. 17. In a communication dated 9 January 1997 the new Minister of Labour states that, because the elections were brought forward to September 1996, the matter was not discussed by the Council of Ministers in August 1996 but that it will shortly be taken up. The Minister gives his assurance that the Government's reply will be in accordance with Greece's international commitments.
29. 18. The Government has not supplied any other observations.
30. C. The Committee's conclusions
31. 19. The Committee notes that the situation described in the representation concerns essentially the application of Articles 4, paragraph 1, and Articles 6, 19 and 20 of Convention No. 81.
32. 20. Article 4, paragraph 1, of the Convention states:
33. 1. So far as is compatible with the administrative practice of the Member, labour inspection shall be placed under the supervision and control of a central authority.
34. 21. The Committee notes that placing a labour inspection system under a central authority makes it easier to establish and apply a uniform policy on labour inspection throughout the territory and to enforce labour legislation in a consistent manner.
35. 22. The Committee notes that under Act No. 2218/1994 on decentralization labour inspection has been placed under the authority of the autonomous prefectural administrations and has not been included in the exceptions listed in section 3 of the Act.
36. 23. The Committee also notes the allegation that this decision has caused problems in the uniform application of labour standards, in coordination between labour inspection services and in the distribution of tasks between labour inspectors and other officials in the prefectural administrations.
37. 24. The Committee notes that, as a result of the transfer of the labour inspectorate to the autonomous prefectural administrations, labour inspection is no longer under the supervision and control of a central authority. It observes that for decades the administrative practice of the country had been to place the labour inspection services under such a central authority, namely the Ministry of Labour. (Endnote 2) The Committee concludes that the organization of labour inspection as provided for under Act No. 2218/1994 is in violation of Article 4, paragraph 1, of the Convention.
38. 25. Article 6 of the Convention states:
39. The inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.
40. 26. This is a fundamental principle on which the effectiveness of the inspection systems depends. Labour inspectors cannot be completely independent if their continued employment or career prospects are subject to political considerations. Moreover, there can be no real independence unless labour inspectors are in a position to report that the working methods in a given establishment are contrary to the law and must be modified without having to fear overt or disguised reprisals.
41. 27. The Committee notes, that according to the complainant organization's allegations and the supporting documents, transferring the labour inspectorate to the autonomous prefectural administrations has meant that certain inspectors have been transferred to other services and given responsibilities that have nothing to do with their work as labour inspectors while people without any relevant experience or training have been assigned to labour inspection. The Committee considers that, contrary to the provisions of Article 6 of the Convention, the placing of labour inspection under the responsibility of the autonomous prefectural administrations no longer guarantees the stability of employment and independence of the labour inspectors.
42. 28. Article 19 of the Convention states:
43. 1. Labour inspectors or local inspection offices, as the case may be, shall be required to submit to the central inspection authority periodical reports on the results of their inspection activities.
44. 2. These reports shall be drawn up in such a manner and deal with such subjects as may from time to time be prescribed by the central authority; they shall be submitted at least as frequently as may be prescribed by that authority and in any case not less frequently than once a year.
45. 29. Article 20 of the Convention further states:
46. 1. The central inspection authority shall publish an annual general report on the work of the inspection services under its control.
47. 2. (...)
48. 3. Copies of the annual reports shall be transmitted to the Director-General of the International Labour Office within a reasonable period after their publication and in any case within three months.
49. 30. The Committee observes that Articles 19 and 20 of the Convention come within the framework of a labour inspection under the supervision and control of a central authority. The Committee notes that the transfer of the labour inspection to the autonomous prefectural administrations has brought to an end the control by the central authority of the Ministry of Labour, thus preventing the effective implementation of Articles 19 and 20 of the Convention. The Committee concludes that the conditions for the application of these Articles do not exist, among others as the central authority can hardly be expected to publish annual general reports on the work of the inspection services if they are not under its control.
50. The Committee's recommendations
51. 31. The Committee recommends the Governing Body:
52. (a) to approve this report and, in particular, the conclusions in paragraphs 21 to 30 showing that the organization of labour inspection, as provided for under Act No. 2218/1994, is in contradiction with Article 4, paragraph 1 and Articles 6, 19 and 20 of the Labour Inspection Convention, 1947 (No. 81);
53. (b) to urge the Government of Greece, in the light of the conclusions in paragraphs 21 to 30, to take steps to bring its legislation into line with the provisions of Convention No. 81, in particular by placing labour inspection under the supervision and control of a central authority;
54. (c) to invite the Government of Greece, in accordance with article 22 of the Constitution, to submit a detailed report by September 1997 on the steps taken to comply with the provisions of the Convention, so that the Committee of Experts on the Application of Conventions and Recommendations can follow up these recommendations;
55. (d) to declare closed the procedure initiated under this representation.
56. Endnote 1
57. GB.264/17/1, November 1995.
58. Endnote 2
59. In its reply to the questionnaire on the organization of labour inspection, the Greek Government stated that, in accordance with a Decree of 12 February 1931 (section 18), Act 560/1940 (section 16) and a Legislative Decree of 11 May 1946 (section 2), the labour inspection services had been placed under the supervision and control of the central authority (Ministry of Labour, general management); Report IV (supplement), ITC, 30th Session, 1947, p. 20.