Rapport définitif - Rapport No. 204, Novembre 1980

Cas no 976 (Grèce) - Date de la plainte: 20-JUIN -80 - Clos

1. 189. By a communication dated 20 June 1980, the World Federation of Trade Unions (WFTU) transmitted a complaint of infringement of freedom of association in Greece emanating from a number of national trade union organisations. The Government furnished its observations in a letter dated 7 October 1980.
2. 190. Greece has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 191. The Building Workers' Federation, the Metalworkers' Federation, the Federation of Hospital Establishments Unions, the Pan-Hellenic Federation of Accountants, the Pan-Hellenic Federation of Entertainment Workers and the Elefsina-Aspropirgos Labour Centre allege that 12,500 workers were dismissed on account of their trade union activities between 1975 and larch 1980.
2. 192. The complainants present a general outline of infringements of freedom of association and acts of interference in relations between employers and workers said to have been committed by the Government.
3. 193. They mention in particular criminal proceedings brought against strikers in pursuance of Act No. 330/76 respecting occupational associations and federations and the protection of freedom of association, the prosecution and conviction of trade unionists and the dismissal without compensation, as a retaliatory measure of trade unionists in sectors such as transport, medical care, banking, industry, public services, civil aviation, electricity, postal and telephone services, and others.
4. 194. According to the complainants, the Government makes use of the courts to terrorise trade unionists, prohibit strikes and legalise acts of interference with the trade union movement. The Government is alleged to encourage lock-outs directed against the workers, to call in the army or requisition civilians in order to break strikes and to intensify police repression of the trade union movement by banning public meetings and using trade unions which are not truly representative to undermine the action of those which are.
5. 195. The complainants also refer to the system of financing trade union organisations through the intermediary of the ODEPES, a body for the administration of trade union funds. They further allege that there have been infringements of Convention No. 98. For instance, the Government is said to have limited the percentage by which wages could be increased by linking it to an index showing price rises only half as high as those indicated by the official index. The Government is alleged to make use of the tribunals set up under Act No. 3239 of 1955 - described by the complainants as arbitrary - to limit wage increases. The complainants mention hundreds of arbitrary awards reached on the basis of decisions taken after the confidential intervention of the Minister for Coordination.

B. The Government's reply

1. 196. In its observations of 7 October 1980, the Government states that the complaint in question is couched in the vaguest of terms and completely unfounded. It relates to matters on which the Government claims to have repeatedly made full and detailed factual information available to the competent supervisory bodies of the ILO.
2. 197. More specifically, the Government points out that the law protects workers and trade union officials against acts of antiunion discrimination and reprisals by employers on account of their trade union membership or participation, in trade union activities, while at the same time prescribing penalties for interference by employers it the setting up and operation of occupational associations, under the terms, inter alia, of sections 3, 5, 26, 27 and 28 of Act No. 330 of 1976.
3. 198. In this connection the Government also supplies very detailed statistics for the years 1977 to 1980 showing the judgements pronounced by the courts of Thebes, Corinth, Salonica, Athens, Patras and Thrace with respect to acts of anti-union discrimination, declaring dismissals on account of lawful trade union activities to be wrongful and therefore null and void. It also makes reference to verdicts reached during the same period by the courts of Chalcis; Corinth, Volos, Edhessa, Navplion and Xanthi in criminal proceedings brought by the authorities against employers who had compelled their employees to join or not to join an occupational association, in pursuance of sections 3(5) and 40 of Act No. 330.
4. 199. With regard to the financing of trade union organisations, the Government replies that it is still waiting for specific suggestions from the workers' organisations on the question of regulating a check-off system for union membership dues by means of collective agreements. Since no such suggestions have ever been put forward, the ODEPES is still is existence for the time being, adds the Government.
5. 200. As concerns the application of Convention No. 98, the Government explains that Act No. 3239 of 1955, which deals with collective bargaining, empowers employers' and workers' organisations to determine by means of freely negotiated collective agreements the conditions of remuneration and employment of the workers whom they represent. If the negotiations break down the parties are entitled to request the Ministry of Labour for the assistance of a mediator, adds the Government, which explains that in the event of failure of the attempt at mediation the matter may be referred, if the parties so request, to the first- and second instance administrative arbitration tribunals constituted in pursuance of Act No. 3239. Thos tribunals are presided over by a judge and composed of representatives of the employers and workers in equal numbers, together with a representative of the Ministry of Labour. The Government points out that in about 99 per cent of cases it is the workers themselves who request that the matter go to arbitration. The tribunals reach their decisions on the basis of the documentary evidence and information supplied by the parties, taking into consideration only the actual working conditions of each category of employees, the work they perform and the economic importance of the undertaking. Arbitration awards are binding upon the administrative authorities, who are no longer entitled to vary them since Act No. 3239 was amended by Legislative Decree No. 73 of 1974.

C. The Committee's conclusions

1. 201. The Committee observes in the first place that the complaint, which refers to dismissals on account of trade union activities, convictions arising out of strikes, the requisitioning of civilian and arbitration awards, does not cite any concrete facts in these areas. The Government has nevertheless in general made a precise reply to the allegations made.
2. 202. The Committee nevertheless considers it expedient to recall that it has examined in the past certain cases relating to Greece which involves allegations of dismissals or convictions. As concerns dismissals, the Committee emphasised that more complete measures should be taken to ensure fuller protection for trade unionists. As regards punishments for strikes, it drew attention to the risk of abuse inherent in the mobilisation of workers and pointed out that the development of industrial relations could be jeopardised by the imposing of excessively heavy penalties.
3. 203. With regard to the allegations concerning the arbitrary nature of arbitration awards, the Committee notes the Government's statement to the effect that in 99 per cent of the cases arbitration takes place at the request of the workers. In the absence of specific factual evidence of any arbitration award having been unjustly imposed upon workers, the Committee considers that the complainants have failed to shave that their allegations are well founded.
4. 204. With regard to the financing of trade union organisations, the Committee recalls that the Committee of Experts on the Application of Conventions and Recommendations has requested the Government to adopt legislation permitting trade unions which so wish to collect dues from their members by means of a check-off system established by collective agreement.

The Committee's recommendations

1. 205. In these circumstances, the Committee recommends the Governing Body:
   • (i) to note that the complaint contains no specific allegations relating to concrete facts and that the Government as a whole has made a precise reply to the allegations made;
   • (ii) to draw attention to certain principles mentioned in paragraph 202 above in regard, inter alia, to the need for more effective protection against anti-union discrimination;
   • (iii) to bring to the Government's attention the considerations set forth in paragraph 204 above as concerns the financing of trade union organisations.