Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Grecia (Ratificación : 1975)

The Committee notes the Government’s reports received on 23 February and 31 August 2012.

The Committee recalls the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It recalls the report of the high-level mission of the ILO which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the International Monetary Fund in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee recalls that section 4(1) of Act No. 3896/2010 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation provides that men and women shall be entitled to equal pay for the same work or for work of equal value. The Committee also recalls the observations made by the Greek General Confederation of Labour (GSEE) dated 29 July 2010 and 28 July 2011 that: (i) the measures implemented under structural reforms in the framework of the support mechanism in the area of wages and the related system of collective bargaining, social security and security of employment had an impact on the application of the Convention; (ii) the combined effect of the financial crisis, the growing informal economy and the implementation of structural reform measures adversely affected the negotiating power of women, and would lead to their over-representation in precarious low-paid jobs; and (iii) the minimum protection level, including wages of some workers, including domestic workers and workers in agricultural undertakings, excluded from the scope of the labour law protection, is being significantly weakened. The Committee notes the Government’s indication that the measures adopted for the reduction of undeclared work and social security reform do not affect equal pay for men and women, as the measures are adopted within the institutional framework of collective bargaining. The Government also indicates that a compulsory use of a payment format leads to wage protection, and the inclusion in the social security system of domestic workers and agricultural workers. In this connection, the Committee recalls the deep concern expressed by the high-level mission of the ILO particularly on the provisions of Act No. 4024/2011, empowering associations of persons to conclude collective agreements at enterprise level. The Committee refers to its comments under Convention No. 98, observing with deep concern that the changes, aimed at permitting deviations from higher level agreements through “negotiations” with non-unionized structures, are likely to have a significant – and potentially devastating – impact on the industrial relations system in the country, and deeply regretting that such far-reaching changes were made without full and thorough discussions with all the social partners concerned. The Committee asks the Government to indicate the impact of the structural reform measures taken in the framework of the support mechanism on the practical application of section 4(1) of Act No. 3896/2010, including how collective agreements give institutional guarantee to the principle of equal remuneration for men and women for work of equal value.

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

Gender pay gap in the private sector. The Committee recalls that Act No. 3846/2010 on financial management and responsibility had institutionalized a range of flexible forms of employment including telework, part-time work, subcontracting by temporary employment agencies, rotation work, suspension of work, etc. The Committee also recalls its concern at the reportedly disproportionate impact of the legislative measures regarding flexible forms of employment on women’s levels of pay. The Committee notes the statistical information provided by the Government that, in 2011, 47.7 per cent of male workers earned €1,000–€1,599 (compared to 38.7 per cent of female workers), while 48.3 per cent of female workers earned €500–€999 (compared to 38.5 per cent of male workers), and 59.1 per cent of female part-time workers earned up to €499 (compared to 47.3 per cent of male part-time workers). The Committee also notes the Government’s indication that the rate of part-time employment increased from 5.6 per cent in 2008 to 6.8 per cent in 2011 (30.65 per cent of the new contracts concluded in 2011 were part-time contracts), and that part-time employment is more widespread among women. The rate of women in part-time employment was 10.2 per cent in 2011, which was higher than the rate of men in part-time employment (4.5 per cent in 2011). The Government also indicates that 84,419 rotation work contracts and 300,230 part-time contracts were signed in 2011. According to the Annual Report 2011 of the Office of the Ombudperson, in 2011, part-time work had increased by 73.25 per cent, rotation work in agreement with parties had increased by 193.06 per cent, while rotation work introduced unilaterally by employers had increased by 631.89 per cent compared to the year 2010. There were 32,420 cases of conversions from full-time to part-time contracts, and 26,542 cases of conversions (among which 7,414 cases of unilateral conversions by employers) from full-time to rotation work contracts in 2011. The Committee further notes the Government’s indication that, given the small or very small size of the majority of enterprises, a job classification system pursuant to section 4(2) of Act No. 3896/2010 cannot be applied or can only be applied in a limited manner. The Committee again asks the Government to take the necessary measures to monitor the evolution and impact of the austerity measures on the remuneration of men and women in the private sector with a view to determining the most appropriate measures to avoid a widening of the gender pay gap and address existing wage differentials between men and women. To this end, the Committee also asks the Government to collect and provide comprehensive information on the following:

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

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

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