Rapport définitif - Rapport No. 24, 1956

Cas no 121 (Grèce) - Date de la plainte: 15-MAI -55 - Clos

1. 41. At its 132nd Session (Geneva, June 1956), the Governing Body, when adopting the 19th Report of the Committee on Freedom of Association, approved the recommendations submitted to it by the Committee with respect to certain complaints presented by various trade union organisations against the Government of Greece.
2. 42. In accordance with these recommendations the Governing Body decided that certain allegations in these complaints did not, subject to the observations contained, inter alia, in paragraphs 164 to 176 of that report, call for further examination. With regard to other allegations concerning the requirement that workers must be in possession of a " certificate of social convictions " in order to obtain employment, the effect of government subsidies on the autonomy of the Greek General Confederation of Labour (C.G.T.G.), and the trade union press, trade union meetings and interference by the Government in the life of occupational associations, it took note of the interim report of the Committee on the understanding that the latter would report further to the Governing Body on these matters as soon as it received further information requested thereon from the Greek Government.
3. 43. The analysis which follows applies only to allegations still outstanding and to the portions relevant thereto in the replies of the Government, regardless of whether such replies were received before or after the 14th Session of the Committee (May 1956).

A. A. The complainants' allegations

• Allegations relating to Acts of Anti-Union Discrimination in respect of Employment ("Certificate of Social Convictions ")
  44. 44 The complainants allege that, broadly speaking, the trade union activities of the workers constitute a reason for dismissal or refusal of engagement ; in fact, every Greek worker is obliged, in order to obtain any employment, to furnish a " certificate of social convictions ".
• Allegations relating to Governmental Control of the Greek General Confederation of Labour
  45. 45 The C.G.T.G is alleged to be under the control of the Government, especially by reason of the subsidies received by its leaders. The complainants allege that the former Minister of Labour, Mr. Gonis, had admitted that in 1954, his Ministry accorded to the leaders of the Confederation 750 million drachmas (former currency) (30,000 drachmas one United States dollar). Since December 1954 the present Minister of Labour, Mr. Stratos, has made a monthly grant of 350,000 drachmas (new currency) (30 drachmas one United States dollar) to the leaders of the Confederation. The latter are also said to receive extraordinary allowances in respect of participation in congresses abroad. These sums are stated to be levied on the Workers' Assistance Organisation (Foyer ouvrier), to which workers are obliged to pay four drachmas per month. The complainants refer also to other examples of subsidies granted to the Pan-Hellenic Federation of Seamen by order of the Minister of Shipping. Finally, they allege that, under article 22 of a draft Collective Labour Agreements Bill, the leaders of the C.G.T.G would be entitled to impose and collect a monthly contribution from all workers and employees, whether organised or not ; under this Bill, the Minister of Labour could stop payment of these compulsory contributions and could thus exploit his position to exercise pressure on the leaders of the Confederation and keep the trade unions under his control.
• Allegations relating to the Trade Union Press, Trade Union Meetings, and Governmental Interference in the Life of Occupational Associations
  46. 46 The appearance of trade union publications and the organisation of public or private trade union meetings are said to be subject to application for authorisation from the Press Ministry and the police authorities respectively. The complainants refer to cases in which requests for such authorisation are stated to have been refused and allege that, in the cases in which authorisation is granted, the Government by its interference restricts the free exercise of trade union rights. In every town a police official is said to be posted with the special duty of keeping the trade unions under observation ; this official has the right to be present at meetings of trade union organisations, to take notes of the speeches made by the workers and to intervene in the voting. It is his duty to compile dossiers concerning the workers and to decide as to prosecutions, arrests and deportations.
• ANALYSIS OF THE FIRST SET OF OBSERVATIONS SUBMITTED BY THE GOVERNMENT (Communications dated 16 January, 8 February and 6 April 1956)
• Allegations relating to Acts of Anti-Union Discrimination with respect to Employment ("Certificate of Social Convictions ")
  47. 47 The Government states that it is untrue to allege that the trade union activities of the workers constitute a motive for dismissal or refusal of employment. With regard to the allegation that every worker, in order to obtain employment, must have a " certificate of social convictions ", the Government states that, immediately after the war, Communist activity threatened the established régime and that, in order to combat subversion, the Government adopted in January 1948 an Act (No. 516/48) concerning measures for the safety of public utility undertakings, etc. By virtue of this Act, any organ or institution subsidised by the State or by bodies incorporated under national law, and especially public utility undertakings such as those controlling gas, electricity, posts and telegraphs, railways, etc., must obtain certificates showing that their employees have not participated in acts incompatible with the safety of the country. If these are the certificates referred to by the complainants, it should be observed that they have been required only in the precise cases mentioned above and for the sole purpose of preventing persons who have participated in acts of sabotage entailing serious consequences to the safety of citizens from working in public utility services.
• Allegations relating to Governmental Control of the Greek General Confederation of Labour
  48. 48 With regard to the allegations that the C.G.T.G is under the control of the Government, the latter draws attention to the revolutionary crisis in Greece after the Second World War and states that faced by this situation it had not been in a position to lay the foundation of a system of trade union organisations similar to that prevailing in the great democratic countries with long traditions of freedom.
  49. 49 The Government recognises that the question of the financial organisation of occupational associations is very important to trade union life as a whole. It recalls in this connection that an I.L.O Mission of Experts which went to Greece in 1947 devoted particular attention to this question. The Mission observed that the C.G.T.G, among other organisations, was financed on the basis of a system of compulsory contributions paid by all workers, whether organised or not. It recognised that although open to criticism in itself such a system might be necessary in particular circumstances and for a limited period. The Government states that the system has been in force for so long, however, that it has become traditional and that its complete suppression would entail enumerable difficulties.
  50. 50 In 1954 the system of compulsory contributions was abolished. Immediately after this measure, the occupational associations became short of funds. It is true that the Workers' Assistance Organisation, an organisation incorporated under national law, granted financial aid to trade union organisations. However, the Government pointed out that this was only a temporary solution intended to serve as a transition between the old system and the future system which would conform with the principles of free trade unionism.
  51. 51 A recent Act (No. 3239/55) concerning the settlement of collective labour disputes' lays down that one of the objects of national collective agreements may be to provide that the employer shall undertake to deduct specified membership contributions to the employees' organisations which are payable by employees covered by the agreement. There is, however, a further provision that an employee called upon to pay such contributions may specifically declare his refusal to pay.
• Allegations relating to the Trade Union Press, Trade Union Meetings and Governmental Interference in the Life of Occupational Associations
  52. 52 With regard to the allegations relating to the press and to trade union meetings and, more generally, to intervention by government authorities in trade union life, the Government refers to article 11 of the National Constitution which reads as follows : " Greeks have the right to associate and to combine in conformity with the laws of the nation, which, however, may never make this right subject to previous governmental authorisation ". The Government states that this Constitutional provision, which solemnly guarantees the freedom of meeting and of association, has been supplemented by various laws, the principal enactments being the Association Act No. 281/1914 and articles 78 and 109 of the Civil Code. The Government affirms that this body of legislation ensures absolute protection of freedom of association. All workers, whatever their occupational category, may freely found associations on condition that their Constitutions and rules are approved by the competent judicial authorities. Apart from this formality no governmental interference is exercised with respect to freedom of association. Workers' organisations are free to act in the trade union field within the limits of what is lawful and of what is laid down in their rules without any interference on the part of public authorities. They may freely elect their representatives ; not only does no provision restrict the freedom of meeting of members of occupational association, but, on the contrary, trade union activities are growing daily. Any allegation that pressure is exercised by the Government on the leaders of the trade union movement for the purpose of interfering with their activities is simply slanderous.
• PREVIOUS DECISIONS OF THE COMMITTEE
• Allegations relating to "Certificates of Social Convictions"
  53. 53 At its 14th Session (May 1956) the Committee took note of the statements of the Government to the effect that " certificates of social convictions " were required for the sole purpose of ensuring that workers should not participate in clandestine subversive activities and that they were only applicable in respect of persons employed by public utility undertakings. However, while taking account of the political circumstances which prevailed in Greece in recent years, the Committee considered that before it could judge whether the precautions taken to ensure the continued operation of public services were accompanied by adequate safeguards to avoid any interference with freedom of association, it would have to request the Government to furnish further information concerning the " certificates of social convictions " referred to above.
• Allegations relating to the Effect of Government Subsidies on the Autonomy of the Greek General Confederation of Labour
  54. 54 At its 14th Session the Committee considered that the various systems of subsidising workers' organisations might have very different consequences according to the form which they assumed, the spirit in which they were conceived and applied and the extent to which the subsidies were granted as a matter of right by virtue of statutory provisions or were granted at the discretion of a public authority. The repercussions which financial aid might have on the autonomy of trade union organisations depended essentially on circumstances ; they could not be assessed by applying general principles ; they were a question of fact which must be examined in each case in the light of circumstances of the case.
  55. 55 In the present case the Committee noted the Government's statement that the old system would shortly be replaced and that the question of trade union contributions would be determined by collective bargaining ; the Committee concluded its examination of this point with the request that the Greek Government would keep it informed of future developments in this field.
• Allegations relating to the Trade Union Press, Trade Union Meetings and Governmental Interference in the Life of Occupational Associations
  56. 56 The Committee took note of the Government's statement that existing legislation in Greece provided an absolute guarantee of freedom of association and excluded any possibility of governmental interference in trade union affairs. However, in view of the fact that the complainants had presented specific allegations, the Committee considered that the Government's reply was not sufficiently detailed to enable it to formulate final recommendations on this aspect of the case. In the circumstances, it considered that it would be appropriate to ask the Government to furnish more detailed information, in particular with respect to the conditions under which trade union publications might be printed and distributed in Greece, the formalities attending trade union meetings and the question of the participation of government officials in such meetings.
• ANALYSIS OF THE SECOND SET OF OBSERVATIONS SUBMITTED BY THE GOVERNMENT (Communication dated 16 October 1956)
• Allegations relating to "Certificates of Social Convictions "
  57. 57 In its communication of 16 October 1956 the Government refers in the first place to its previous communications for an explanation of the reasons which led the authorities to take measures to ensure the continued operation of public services. It goes on to say that since the publication of Act No. 516/48 concerning measures for the safety of public utility undertakings, etc., the Government has progressively mitigated the severity of the said Act. At the present moment " certificates of social convictions ", which are now known as " certificates of legality ", apply only to workers in public services, as already explained above, and moreover are refused more and more infrequently to workers in that category of employment ; in practice refusal of " certificates of legality " is limited to cases in respect of which there is a strong presumption of likelihood that acts of sabotage or other illegal acts capable of endangering national security will be committed and, according to the Government, this step is taken only in a limited number of cases.
  58. 58 The Government adds that among the persons engaged in public undertakings there are a number of Communists who, by virtue of their employment in that category, hold a " certificate of legality ". According to the Government this fact goes to show that political convictions are not a cause of discrimination in employment. The Government concludes with a statement to the effect that Communists employed in such enterprises enjoy the same entitlement as their workmates to all trade union rights.
• Allegations relating to the Effect of Government Subsidies on the Autonomy of the Greek General Confederation of Labour
  59. 59 In its reply dated 16 October 1956 the Government states that the question of financing trade union organisations has not yet been finally settled. For the time being, in pursuance of article 22 of Act No. 3239/551 an award of the Athens Court of Arbitration was declared applicable to this question by the Minister of Labour (Decision No. 11103 of 1956). The relevant portion of the award reads as follows:
• When paying wages in respect of the month of May to their workers or salaried employees, employers are required to deduct therefrom a sum corresponding to tire wage of an unskilled male or female worker, in respect of every male or female person employed under a contract of service (according to private law) as a contribution for their participation in the trade union organisations mentioned.
  60. 60 After recalling that it is open to a worker called on to pay a contribution to refuse to do so, the Government states that the above-mentioned provision has been contested in the courts by the employers' organisations. Consequently the matter has not yet been finally settled.
  61. 61 In these circumstances, and pending final settlement of the whole question, the Workers' Assistance Organisation has continued to grant financial assistance to the trade unions. The Government explains, however, that workers are associated in the management of this body, inasmuch as trade union organisations are represented on the Executive Board of the Workers' Assistance Organisation.
  62. 62 The Government repeats the statement made in its first group of observations that such financial participation on the part of the Workers' Assistance Organisation in trade union bodies in no way affects their independence of the Government. This is amply proved by the following circumstances it can be established that on many occasions the C.G.T.G has manifested disagreement with government policy through statements in the trade union press and frequently even in the form of strike action.
  63. 63 With regard to the allegation that the leaders of the C.G.T.G owe their allegiance to the Government, the latter points out that there are numerous political parties in Greece and that varying political views are naturally reflected in the trade union movement in the person of its leading figures. Since the latter belong to different parties it is impossible for them to be exclusively dependent on or obedient to the party which is in power.
• Allegations relating to the Trade Union Press, Trade Union Meetings and Governmental Interference in the Life of Occupational Associations
  64. 64 With regard to the allegation that the " progressive trade union group was refused permission by the competent authorities (in this case the Ministry of the Presidency of the Council) to publish a trade union news-sheet, the Government states that no such application had been submitted by the progressive trade union group and that there was thus no possibility of its having been refused.
  65. 65 With regard to trade union meetings the Government states that they may be held freely and without special conditions, as provided for in article 10 of the Constitution, which reads as follows : " Greeks have the right to assemble peacefully and without arms. The police may be present only at public meetings. Meetings in the open air may be prohibited where they are likely to endanger public order." The Government adds that in 1954 the Athens Chief of Police, on the basis of an erroneous interpretation of certain legislative provisions, attempted to make meetings subject to certain regulations. The Greek General Confederation of Labour opposed this action and appealed to the Council of State, which annulled the decision taken by the Chief of Police, after placing its own interpretation on the legislative provisions relating to the right of assembly, which apparently proved acceptable to the C.G.T.G.
  66. 66 The Government concludes with a repeated affirmation that there is no restriction on the exercise of trade union rights in Greece, that the trade union movement enjoys complete autonomy and that individual rights, as solemnly guaranteed under the Constitution, are respected in the most scrupulous manner.

B. B. The Committee's conclusions

• Allegations relating to "Certificates of Social Convictions"
  67. 67 The complainants allege that every worker, in order to obtain employment, is obliged to produce a " certificate of social convictions ". The Government specifies that these certificates, which, moreover, are now known as " certificates of legality " are required only in the case of persons applying for employment with public utility undertakings such as the posts and telegraphs, railways, etc. Furthermore, refusal of the certificates is limited exclusively to persons who have committed acts of sabotage in the past or who are strongly suspected of being likely to commit acts of sabotage or illegal acts which might endanger the operation of the public services. The Government adds that in practice instances of refusal have been most infrequent.
  68. 68 The Government's reply would seem to indicate that, contrary to the complainants' allegation, " certificates of legality " are by no means required in respect of workers, but are in fact restricted to certain limited categories. It would also appear that cases in which certificates have been refused form exceptions to the rule. On those occasions when the issue of such a certificate is refused to a worker applying for employment in a public utility undertaking, the decision would appear to be motivated either by illegal acts committed in the past by the applicant or by a strong presumption that he is likely to commit such acts in the future ; it is not influenced, as might have been validly supposed, by considerations of political or social convictions or membership of activities in a trade union organisation.
  69. 69 In these circumstances the Committee, while noting that until recently conditions approaching civil war obtained in Greece, considers that specific restrictions for the purpose of eliminating sabotage in public utility undertakings should not in any case be such as to give rise to anti-union discrimination ; in the present case the Committee considers that the complainants have not adduced sufficient proof to demonstrate any infringement of trade union rights or discrimination in respect of employment in this instance, and, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Effect of Government Subsidies on the Autonomy of the Greek General Confederation of Labour
  70. 70 It is alleged that the subsidies allocated by the Governments to the C.G.T.G result in this organisation being dependent on the Government. In its various replies the Government endeavours to show that this is not the case. In support of this assertion it recalls that the C.G.T.G has on many occasions found itself in open opposition to government policy, and has not hesitated to give energetic expression to its disagreement in both word and deed. The leaders of the C.G.T.G belong to various political parties, of which there are many ; the Government therefore expresses the opinion that it is virtually impossible for such persons to be exclusively dependent on the party in power.
  71. 71 After explaining that the experiences undergone by Greece after the Second World War had not allowed the immediate establishment, as would have been desirable, of a liberal trade union system of the type prevailing in the great democratic countries, the Government outlines the successive advances made towards normalisation of the trade union situation. Until recently all workers, whether organised or not, were obliged by law to pay compulsory trade union contributions. This system was abolished in 1954. Since that time, in pursuance of an arbitration award based on article 22 of Act No. 3239/55, employers are required to deduct from employees' wages membership contributions to the employees' organisations, in which connection it remains open to the persons concerned to refuse to pay such contributions on condition that they make a declaration to that effect. This award has been contested in the courts by the employers' organisations and consequently the matter has not yet been finally settled. Thus the general question of financing trade union organisations has not as yet been finally solved and the present system must be regarded as merely transitional in character.
  72. 72 The system now in force is largely determined by the role of the Workers' Assistance Organisation whose functions include the duty of granting moral and financial aid to the leaders of the trade union movement or their assistants, and of encouraging and developing the trade union movement in Greece. In accordance with its directives, the Workers' Assistance Organisation, in whose administration trade union representatives participate, contributes to the financing of those occupational organisations whose members regularly contribute to the organisation.
  73. 73 Thus, far from having taken final shape, the mechanism of trade union financing is at present still undergoing development. The Government is progressively liberalising the system and gradually mitigating its severity. If progress has so far been slow this is due, as the Government points out, to the general political situation and the circumstances which have prevailed in the country until quite recently. There seems to be no question, however, that considerable progress has been made and that recent developments have shown an undeniable tendency to modify the system in such a way as steadily to bring it into closer conformity with the standards generally recognised in respect of freedom of association and the independence of occupational associations.
  74. 74 In these circumstances the Committee, while taking note of the progress achieved, recommends the Governing Body to draw the attention of the Government to the importance of the right of workers to set up the organisations of their own choice and of the freedom of such organisations to draft their own statutes and internal regulations and to organise their own management and activities-all of which rights presuppose financial independence-and to the fact that financial independence implies that workers' organisations should not be financed in such a way as to allow the public authorities to enjoy discretionary powers over them.
  75. 75 The Committee recommends the Governing Body to express the hope that the principle outlined above will be taken into consideration by the Government when it undertakes the preparation of a definitive system of financing workers' organisations and, subject to being kept informed by the Government of such measures as may be finally adopted in this regard, to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Trade Union Press, Trade Union Meetings and Governmental Interference in the Life of Occupational Associations
  76. 76 The complainants allege in the first place that an application by the " progressive trade union group " for permission to publish a trade union newspaper was rejected. The Government states that an inquiry addressed to the competent authorities, in this instance the Ministry of the Presidency of the Council, brought to light not only that such permission had not been refused but also that no application of this nature had ever been submitted by the " progressive trade union group ".
  77. 77 As regards the allegations that government officials are present at trade union meetings and in other respects interfere with the conduct of trade union affairs, the Government states that these allegations are entirely without foundation and quotes article 10 of the Constitution in support thereof. From the provisions of this article it is clear that trade union meetings are not subject to any special formalities and that government officials, and in particular the police, may be present only at public trade union meetings. In addition, following an attempt by the Athens Chief of Police to subject trade union meetings to certain regulations, the Council of State, in response to an appeal by the C.G.T.G, annulled the erroneous decision of the Chief of Police.
  78. 78 In these circumstances the Committee, while reaffirming the importance which it has always attached to the principle that freedom of meeting is an essential element in trade union rights, notes the assurance given by the Government that government officials, and particularly the police, are not entitled to be present at trade union meetings except where these are held in public, and notes the decision of the Council of State annulling the measures taken by the Athens police authorities in subjecting trade union meetings to certain conditions. The Committee, taking into account the information supplied by the Government and the fact that the complainants have not adduced sufficient proof to enable it to conclude that in this instance there was any infringement of freedom of association, recommends the Governing Body to decide that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 79. In these circumstances, the Committee recommends the Governing Body to draw the attention of the Greek Government to the importance of the principle that workers' organisations should not be financed in such a way as to allow the public authorities to enjoy discretionary power over them and, subject to this recommendation, to decide that the case as a whole does not call for further examination.