Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Grèce (Ratification: 1988)

The Committee notes the observations 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 to the GSEE’s first communication, received on 16 May 2011. The Committee also takes note of 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 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 (HLM) proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE in its comments concerning the application of 12 Conventions ratified by Greece, including the Workers with Family Responsibilities Convention, 1981 (No. 156). 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 notes the report of the HLM 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 Conference Committee.

Impact of the measures on the application of the Convention. The Committee notes that the majority of measures in the framework of structural reforms that impact on gender equality, including workers with family responsibilities, have been addressed under the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and it refers to its comments on these Conventions for a more detailed analysis. The Committee notes that in its 2010 communication the GSEE expressed general concern at the effect of the austerity measures on the situation of workers with family responsibilities, including increasing the burden of family responsibilities on women due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. The Committee notes that in its 2011 communication GSEE expresses further concerns that the risk of abusive practices against workers with family responsibilities may have increased. The Committee refers to its comments on Convention No. 100 regarding the detailed information noted by the high-level mission on the range of legislative measures taken prior to and within the framework of the support mechanism since March 2010.

Articles 4 and 5 of the Convention. Needs with regard to terms and conditions of employment, childcare and family care services. The Committee recalls that the national general collective agreement and certain sectoral agreements contained provisions aimed at safeguarding the rights of workers with family responsibilities, which could be undermined due to the impact of the measures taken in the framework of the support mechanism on industrial relations and collective bargaining. With respect to collective bargaining the Committee refers to its comments on Convention No. 98 and recalls that the GSEE expressed concern that in undermining sectoral agreements, such provisions would also be affected. The Committee recalls the importance of measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention. With respect to Act No. 3863/2010 on the “New social security system and relevant provisions”, the Committee notes that the GSEE expressed concern that the drastic increase in the retirement age of women could adversely impact on working mothers of minors, especially in the light of inadequate and inefficient public social care support for mothers and working parents. While welcoming, generally, measures to equalize the retirement ages for men and women, the Committee recalls the importance of measures aimed at providing adequate, affordable and accessible childcare and family care services, as means to assist male and female workers to reconcile work and family responsibilities and to remain in the labour market. The Committee requests the Government to provide information on the measures taken and the results achieved in providing sufficient, accessible and affordable childcare services and facilities, including for children up to three years of age, for working parents, both men and women, and parents wishing to enter or re-enter the labour force, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity.

Articles 6, 7 and 8. Measures to enable re-entry and remaining in the labour market, educational programmes, and termination of employment. The Committee notes that of Act No. 3896/2010 (section 20) and Act No. 3996/2011 provide specific protection against unfair dismissals and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. Despite these protective provisions, the Committee notes from the information provided by the Office of the Ombudsman during the high-level mission that working mothers returning from maternity leave have in particular been offered part-time and rotation work. Mothers returning from maternity leave were asked to work one day per week whereas the other workers continued regular work (or worked more days in the week). The Committee also notes, however, that according to the Office of the Ombudsman, it was very difficult to find in favour of the employee in a dispute on this matter because it was virtually impossible to verify whether the decision was based on a true decrease in economic activity. Low skilled female workers were the most affected by this situation. The Committee recalls that Article 7 of the Convention provides for the adoption of measures to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. The Committee emphasizes that promoting the reconciliation of work and family responsibilities as a matter of concern to men and women is crucial for making progress in achieving effective gender equality, as envisaged in Article 6 of the Convention. It also draws the attention of the Government to the importance of addressing gender stereotypes regarding roles of men and women with respect to family responsibilities, so that working mothers are not automatically considered for rotation work and part-time work. The Committee, therefore, calls upon the Government to make every effort to ensure that the progress achieved by previous action taken to address the needs of workers with family responsibilities in respect of access to free choice of employment, vocational training, terms and conditions of work and social security, as well as childcare and family services, will not be reversed. The Committee encourages the Government to intensify its efforts to promote a broader understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities, and to address gender stereotypes regarding the role of men and women with respect to family responsibilities. The Committee also asks the Government to monitor carefully the impact of the austerity measures on the employment situation of both male and female workers with family responsibilities and provide information, disaggregated by sex on the number of workers with family responsibilities affected by rotation employment and part-time work, including working mothers returning from maternity leave, whose contracts have been converted into part-time contracts and on whom the employer has unilaterally imposed rotation employment or part-time work. The Committee asks the Government to collect and provide information on cases of direct or indirect discrimination, including termination of employment, concerning family responsibilities that have been handled by the Office of the Ombudsman, the labour inspectorate services and the courts.

[The Government is asked to reply in detail to the present comments in 2012.]