Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Legislative developments. The Committee notes with interest the adoption of Law No.4604/2019 on Substantive Gender Equality Preventing and Combating Gender-Based Violence of 12 June 2019 which encourages public and private enterprises to draft and implement “Equality Plans” with specific strategies and targets to prevent all forms of discrimination against women and provides that the General Secretariat for Family Policy and Gender Equality (GSFPGE) (previously the General Secretary for Gender Equality, GSGE) can award “Equality Labels” to them as a reward for their engagement in favour of equal treatment, including compliance with labour legislation on maternity protection, implementation of equality plans or other innovative measures to promote substantive gender equality (section 21). It further notes that the Law provides for the establishment of municipal and regional committees for gender equality to promote women’s rights at local level (sections 6 and 7), as well as a National Council for Gender Equality (ESIF) under the auspices of the GSFPGE which aims at consulting relevant stakeholders in order to submit proposals to the GSFPGE for the adoption of policies and actions promoting gender equality, and assess and evaluate existing policies on gender equality (section 9). The Committee notes the enlarged scope of application of the Act which applies to persons who are employed or are applicants for employment in both the public and private sectors, irrespective of the form of employment and nature of services provided, as well as to freelance professional and persons in vocational training or applicant to vocational training (section 17). The Committee asks the Government to provide information on the application of Law No.4604/2019 and more particularly of its sections 6, 7, 9, 17 and 21, on the specific situation of workers with family responsibilities in practice, for example: information on the activities related to issues pertinent to workers with family responsibilities undertaken by th municipal and regional committees for gender equality and the National Council for Gender Equality, providing samples of the provisions contained in the equality plans elaborated and implemented by employers, both in the public and in the private sectors, aiming at the reconciliation between work and family responsibilities; and information on equality labels awarded for initiatives pertinent to workers with family responsibilities.

Article 3 of the Convention. National policy. Protection from discrimination on the ground of family responsibilities. The Committee takes note of the National Action Plan on Gender Equality (NAPGE) for 2016–2020, which sets as a priority the reconciliation of work and family life as well as a number of targeted actions concerning, inter alia, protection against discrimination on the grounds of pregnancy and maternity and the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. Referring to its previous comments where it noted that working mothers returning from maternity leave have been offered part-time and rotation work, the Committee notes that according to the statistical information provided by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), since 2014 the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased. The Committee observes that these statistics are not disaggregated by family status of women workers. It notes that, in its 2018 special report on equal treatment, the Ombudsman also highlighted the substantial number of reports relating to detrimental changes in working conditions imposed on women returning from maternity leave. The Committee also notes that, in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and Practice expressed concern about ongoing discrimination based on pregnancy and family responsibilities, indicating that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, with no less favourable working terms and conditions, in practice, a serious deficiency is observed in the application of the law relating to these matters, particularly in relation to women in high-ranking positions. Some working women face strict restrictions including the refusal to count the maternity leave period in the total length of service, negatively impacting their career development, and in some cases, women are totally excluded from exercising their rights relating to maternity or face a change in their working conditions, such as reduced hours, imposed by employers due to pregnancy and caring responsibilities (OHCHR, Press statement of 12 April 2019). The Committee asks the Government to provide information on the measures implemented, in the framework of the National Action Plan on Gender Equality or otherwise, to facilitate the reconciliation between work and family life for men and women workers with family responsibilities, including by ensuring that workers with family responsibilities receive adequate protection against discrimination in practice. The Committee asks the Government to provide information on any measures taken to ensure the effective implementation of the relevant legislative provisions, including awareness-raising activities for employers, as well as their impact. It also asks the Government to provide information on any cases on discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts, as well as on the sanctions imposed and remedies provided.

Article 5. Childcare and family services and facilities. The Committee previously noted that, as a result of the action “Reconciliation of work and family life”, implemented in the framework of the Operational Programme “Human Resources Development” 2007/2013, women workers received a voucher providing care services for babies, children and persons with disabilities, and requested the Government to consider providing such vouchers to men and women workers with family responsibilities on an equal footing. The Committee notes the Government’s indication that such measure benefited almost 210,000 persons and that, as a result, the action will be continued for the period 2014–20, targeting women with low income. The Government adds that the beneficiaries of such action are mothers, as well as men or women who are granted the custody of children by court ruling. Concerning the number of childcare facilities, the Government states that 39 non-profit making baby-care centres and kindergartens are operating at the initiative of charitable organizations, churches and foundations; 1,270 profit-making baby-care centres and kindergartens are operating following a licence issued by the competent municipality; and 500 children’s creative engagement centres (KDAP) are licensed and operating for children aged from 5 to 12 after school hours. The Government adds that, from 2011 to 2016, the number of children accommodated in such facilities doubled. The Committee however notes that the GSEE expresses concern at the continuous reduction of the available day-care facilities for children and dependent persons and refers in this regard to the 2016 Annual report of the National Commission for Human Rights which highlighted the continuous reduction of the already insufficient day-care facilities for children and dependent persons limiting women’s ability to take up employment or keeping them in jobs with reduced rights (NCHR, Annual report, 2016,). It further notes that the European Commission recently indicated that, as regards the availability of childcare facilities, the situation in Greece, which has a participation rate lower than 10 per cent, hardly improved at all (European Commission, 2019 Report on equality between men and women in the EU). Furthermore, it notes that, in December 2018, the GSFPGE highlighted the need for additional measures for the participation of children in preschool education, which will contribute to the reconciliation of family, personal and professional life of their parents, especially women (GSFPGE, E-bulletin No. 18, 17 December 2018). The Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and Practice also considered that a major issue of concern for gender equality is the severe reduction of state-provided care services for children and dependent persons which intensifies women’s unpaid care work, limiting their ability to access or remain into the labour market, Greece having very low rates of childcare and childcare being costly. The Committee asks the Government to take appropriate steps in order to effectively ensure adequate, affordable and accessible childcare services and facilities, with a view to assisting men and women workers to reconcile work and family responsibilities. It further asks the Government to provide information on: (i) the extent of childcare, and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing childcare and family services and facilities.

Article 8. Protection against dismissal. The Committee previously noted the rapid increase in the number of complaints relating to the dismissal of pregnant women, despite Act No. 3896/2010 (sections 16 and 20) and Act No. 3996/2011 which provide specific protection against unfair dismissal and extend to 18 months the period of time during which working mothers cannot be dismissed after their return from maternity leave. The Government indicates that, pursuant to section 52 of Law No. 4075/2012, dismissal on the ground of an application for granting parental leave is null and void. Noting the absence of information provided by the Government on the practical application of the above-mentioned legislative provisions, the Committee notes that the NAPGE 2016–2020 sets as specific actions: (i) the protection of pregnant women, including through the elimination of abuse of dismissal for a “significant reason”; (ii) the protection of women against discrimination on the grounds of pregnancy or maternity; and (iii) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsman indicated that the substantial number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition has not been fully understood. The Committee asks the Government to take appropriate steps to ensure effective protection of men and women workers against dismissal on the ground of family responsibilities, including by ensuring that effect is given in practice to sections 16 and 20 of Act No. 3896/2010 and Act No. 3996/2011. It asks the Government to provide information on any cases on dismissal of workers on the ground of family responsibilities dealt with by the labour inspectors, the Ombudsman, or the courts as well as the sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.