Informe provisional - Informe núm. 73, 1964

Caso núm. 333 (Grecia) - Fecha de presentación de la queja:: 11-MAR-63 - Cerrado

1. 128. By a communication dated 11 March 1963 addressed directly to the I.L.O, the Pan-Hellenic Federation of Workers in Electricity and Public Utility Undertakings alleged violation of freedom of association in Greece. This complaint was transmitted to the Government for its observations by a letter dated 29 March 1963, and the Government sent its reply in a communication dated 18 May 1963. At its 34th Session (May 1963) the Committee found that the Government's observations has been received too late to permit of their being examined in substance and decided to adjourn examination of the case until the present session.
2. 129. Greece has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 130. The complainants' essential allegation is that a Bill, of which they supplied the text, was tabled in Parliament in September 1962 with a view to amending and supplementing the provisions of Act No. 3239 of 1955 concerning the manner of settling collective disputes. According to the complainants, the provisions of this Bill are in many respects contrary to the requirements of Conventions Nos. 87 and 98, which Greece has ratified. In particular, it is alleged that compulsory contributions to a specific organisation would infringe the right of workers to belong to the organisations of their choice. The Bill is also criticised for failing to provide for repeal of existing anti-democratic and anti-labour legislation.
2. 131. The Government, in the observations which it furnished on 18 May 1963, endeavours to show that if this Bill were adopted it would considerably liberalise the existing arrangements with regard to trade union matters, and the Government argues that the Bill is in no respect contrary to the provisions of Conventions Nos. 87 and 98.

B. B. The Committee's conclusions

1. 132. In a number of cases the Committee has considered how far it should comment on pending legislation. While the Committee has in certain cases dismissed allegations relating to the proposed legislation, either because of the vagueness of the allegations l or because the proposed enactment was not government-sponsored, it has declared, on the other hand, that, where it has before it precise and detailed allegations concerning a proposed enactment submitted to the legislature by the government, the fact that the allegations relate to a text which does not have the force of law should not of itself prevent the Committee from expressing its opinion on the merits of the allegations made. The Committee has expressed the view that in such circumstances it is desirable that the government and the complainant should be made aware of its point of view with regard to a proposed Bill before it is enacted, in view of the fact that it is open to the government, on whose initiative such a matter depends, to make any amendments which may seem desirable.
2. 133. Although these principles remain fully valid they do not appear appropriate for application in this case. The Government which introduced the Bill in question, and which presented its observations regarding the complaint, has resigned and has, been replaced by another Government, whose intentions and attitude concerning the general subject raised by the complainants are not known. Press reports indicate that the Greek Council of State has adopted a decision condemning the contribution system which was one of the points attacked by the complainants.

The Committee's recommendations

1. 134. In these circumstances the Committee considers that, before examining the proposed legislation in substance it should obtain fuller information as to the present situation with regard to the matter. It therefore recommends the Governing Body to request the Greek Government to be good enough to state whether the Bill in question is still before Parliament and what is the probable future course with regard to discussion of that Bill.
   • Geneva, 7 November 1963. (Signed) Henry HAUCK, Chairman.