Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 138) sur l'âge minimum, 1973 - Grèce (Ratification: 1986)

The Committee notes the Government’s report and the communication of the Greek General Confederation of Labour (GSEE) dated 29 July 2010.

Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 7(5) of Presidential Decree No. 62/1998 provides that certain exceptions regarding the authorization to carry out hazardous work of “adolescents” may be made. The Committee noted that section 2(c) of Presidential Decree No. 62/1998 seems to define an “adolescent” as a young person of at least 15 years of age who has ceased to attend compulsory school in accordance with the relevant provisions. The Committee reminded the Government that according to Article 3(3) of the Convention, national laws or regulations or the competent authority may authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes with concern the Government’s statement that no new legislative, administrative or other measures were taken to ensure the application of the Convention, and observes that Presidential Decree No. 62/1998 continues to permit the performance of hazardous work by persons as of the age of 15 under certain conditions, pursuant to sections 2(c) and 7(5). The Committee therefore strongly urges the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention by providing in legislation that no person under 16 years of age may be authorized to perform hazardous work under any circumstance. In this regard, it urges the Government to take measures to ensure that section 2(c) of Presidential Decree No. 62/1998 is amended to define a “young person” as a person of at least 16 years of age.

Part V of the report form. Application of the Convention in practice. 1. Labour inspection. Following its previous comments, the Committee notes the Government’s statement that, in 2008, the labour inspectorate recorded 15 complaints of illegal employment of under-aged persons, and 31 fines were imposed. The Government indicates that, in 2009, 17 fines were imposed for the illegal employment of under-aged persons. The Government further indicates that 2,775 young persons (between the ages of 15–18) were permitted to work in 2008, pursuant to Act No. 1837/1989, and 1,752 such young persons in 2009. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts for the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

2. Conditions of employment. The Committee notes that the Greek Parliament adopted, on 5 May 2010, Act No. 3845/2010 (FEK A’65/6-5-2010) on “Measures to implement a mechanism to support the Greek economy by the Member States of the Euro area and the International Monetary Fund”. The Committee also notes the adoption of Act No. 3863 on the “New Social Security System and relevant provisions” (FEK A’115) which is aimed at implementing the time-bound commitments made in the two memorandums with regard to structural policies on strengthening labour markets.

The Committee notes the statement in the communication of the GSEE that Act No. 3845/2010 includes provisions that directly exclude (or serve as a legal authorization for the introduction of further exclusions) groups of workers, including young workers, from the scope of the National General Collective Agreement, and from the generally binding provisions on minimum wages and conditions of work. The GSEE further alleges that, pursuant to Act No. 3863/2010, minor workers of 15 to 18 years will be employed under contracts of “apprenticeship” with extended probationary periods and will receive 70 per cent of the minimum wage established in the national collective agreement. According to the GSEE, these young workers will be excluded from the protective provisions of labour legislation on permissible working hours, the start and end of the working day taking into account course schedules, obligatory periods of rest, obligatory paid annual leave, time off for attending school, studying and sick leave (pursuant to section 74(8) and (9) of Act No. 3863). The GSEE states that the deregulation of the existing minimum protective legislative framework, in addition to the absence of adequate guarantees and deficient inspection mechanisms, will have multiple harmful side effects for young works.

In this regard, the Committee draws the Government’s attention to Part IV, Paragraphs 12 and 13 of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 12 states that measures should be taken to ensure that the conditions in which children and young persons under the age of 18 years are employed or work reach and are maintained at a satisfactory standard. Paragraph 13 states that in connection with paragraph 12, “special attention should be given to: (a) the provision of fair remuneration and its protection, bearing in mind the principle of equal pay for equal work … and (e) coverage by social security schemes, including employment injury, medical care and sickness benefit schemes, whatever the conditions of employment or work may be”. The Committee requests the Government to provide information in its next report on measures taken or envisaged to ensure that the conditions of work for young persons under the age of 18 are maintained at a satisfactory standard and that adequate safeguards are adopted to protect them from hazardous work taking into account Greece’s ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182). It also refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).