Rapport définitif - Rapport No. 16, 1955

Cas no 105 (Grèce) - Date de la plainte: 10-JUIN -54 - Clos

1. 34. At its 127th Session (Rome, November 1954), the Governing Body, when adopting the Fourteenth Report of the Committee on Freedom of Association, approved the recommendations submitted to it by the Committee with regard to two complaints presented by the Unified Trade Union Movement of Greece and the Greek General Confederation of Labour against the Government of Greece in two communications dated respectively 10 June and 17 June 1954.
2. 35. In accordance with these recommendations, the Governing Body decided that certain of the allegations formulated in these complaints did not call for further examination. With regard to a further allegation relating to a Bill concerning certain questions affecting bank employees, the Governing Body communicated certain observations to the Government. Further, the Governing Body also noted that the Greek Government would be invited to furnish further information with regard to the consultation of trade union organisations with respect to the appointment of workers' representatives on various bodies dealing with questions affecting the working class.
3. 36. By two letters dated 10 February 1955 and 30 April 1955, the Greek Government transmitted to the Director-General information relating to the last two points. This information is analysed separately with respect to each point.

A. A. The complainants' allegations

• Allegations relating to the Exercise of Trade Union Rights by Bank Employees
  37. 37 Among several allegations relating to the abolition of certain legislative provisions protecting the leaders of bank employees' trade unions against dismissal, the Committee had to examine the provisions of a Bill providing that members of a trade union executive would automatically forfeit their office on ceasing to carry on the occupation represented by them. The Committee observed that when this provision in the proposed Bill was considered in conjunction with the provisions of Decree No. 2510 of 1953, which abrogated, in the case of certain banks, the legislative provisions protecting the leaders of bank employees' trade unions against dismissal, the result, in the event of the Bill being adopted, would be that a member of a trade union executive who was dismissed by the management of one of the banks concerned would be deprived not only of his employment but also of his right to participate in the administration of his trade union. On the recommendation of the Committee, the Governing Body drew the attention of the Greek Government to the fact that, if the Bill in question should become law, it would enable the managements of certain banks to interfere with the right of the workers to elect their representatives in full freedom, a right which constitutes one of the essential aspects of freedom of association.
  38. 38 By a letter dated 10 February 1955, the Greek Government informed the Committee that the provision, which had been in the draft stage when the complaint was presented, had been embodied in Legislative Decree No. 3072 of 1954 and had been published in the official gazette on 9 October 1954, that is to say prior to the decision taken by the Governing Body. It added that the provision would be re-examined by the Government.
  39. 39 In its second letter dated 30 April 1955, the Government declares that it has decided to amend the said provision in the near future and that it proposes to forward, at an early date, the new legislative text to be adopted with regard to this matter.
  40. 40 The Committee notes with satisfaction the information furnished by the Greek Government with regard to the pending modification of the provision to which it drew the Government's attention in paragraph 145 (b) of its Fourteenth Report.
• Allegations relating to the Arbitrary Appointment of Workers' Representatives on Various Bodies concerned with Questions affecting the Working Class
• Request for Further Information.
  41. 41 The complainant alleged in general terms that the Ministry of Labour had ceased almost entirely to consult the trade union organisations when appointing workers' representatives on the different bodies dealing with questions affecting the working class and that, in particular, article 1 of the Unemployment Insurance Bill provided that the representative of the working class should be named by the Minister. The Government's reply having dealt only with the question of the appointment of workers' representatives on social insurance bodies, the Committee invited the Greek Government to furnish further information with regard to the consultation of trade union organisations with respect to the appointment of workers' representatives on bodies-other than those connected with social security-dealing with questions affecting the working class.
• Analysis of the Supplementary Information
  42. 42 In its letter dated 30 April 1955, the Government furnished the following information on these points.
  43. 43 Attached to the Ministry of Labour are, firstly, a Labour Council, which is consulted with regard to all decrees or Ministerial decisions relating to the regulation of conditions of employment and which, by virtue of a Royal Decree of 18 March-14 April 1953, includes two representatives of the Greek General Confederation of Labour nominated by that organisation and, secondly, a Council responsible for the technical training of apprentices (Law No. 1542 of 1950), on which two seats are also reserved for representatives of the Greek General Confederation of Labour.
  44. 44 The Council of the Greek Productivity Centre is, by virtue of a Royal Decree of 16 March 1955, composed of various competent persons, including two representatives of the Greek General Confederation of Labour nominated by that organisation.
  45. 45 A Bill at present being discussed in the Chamber of Deputies provides that the workers' representatives on the Employment and Unemployment Council will henceforth be nominated by the Greek General Confederation of Labour.
  46. 46 Finally, a further proposed enactment, which has just been approved by the Chamber, provides for the institution of a National Advisory Council on Social Policy, which will have to be consulted on all questions entering into the domain of social policy. The composition of this Council is to be tripartite, and the Greek General Confederation of Labour will be asked to nominate representatives. The Government states that the Greek General Confederation of Labour has publicly expressed its satisfaction at the institution of this Council.

The Committee's recommendations

1. 47. In view of the precise information furnished by the Government, the Committee considers that the allegations relating to the arbitrary appointment of workers' representatives on bodies concerned with questions affecting the working class would appear, in the light of the present practice being followed in this connection by the Government, to be without foundation, and therefore recommends the Governing Body to decide that these allegations do not call for further examination.