Rapport définitif - Rapport No. 226, Juin 1983

Cas no 1167 (Grèce) - Date de la plainte: 11-OCT. -82 - Clos

1. 57. The complaint of the Pan-Hellenic Union of Merchant Marine Mechanics (PEMEN) is contained in communications dated 11 October 1982 and 29 March 1983. The Government replied in a letter dated 11 March 1983.
2. 58. Greece has ratified 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. Allegations of the complainant organisation

1. 59. The PEMEN protests against the exclusion of the seafarers' organisations from the application of the new Greek trade - union legislation, Act No. 1264 of 1982, for which provision is made in section 1, paragraph 2 of the Act. The complaint also refers to Act No. 330 of 1976, Act No. 549 of 1977 and Legislative Decree No. 4361 of 1964.
2. 60. The complainant deplores the exclusion contained in the new Act all the more since it notes with satisfaction that the Greek Government has recently made several improvements in the trade union sphere by repealing Act No. 330 of 1976 and adopting measures for the democratisation of the trade union movement. It mentions in particular the introduction of the system of proportional representation in trade union elections, the prohibition from accepting gifts from employers, the real opportunity now offered to trade union activists to present dissident opinions during general assemblies, the proportional representation, of first-level unions within federations, the prohibition imposed or federations from collecting the trade union contributions of members of local unions and the prohibition from recruiting strike breakers.
3. 61. According to the complainant, the Government is being pressured by the shipbuilders, with their international capital, to maintain the policy of the preceding governments and thus exclude the seafarers' unions from the legal provisions which are in force for other trade unions and workers as a whole. As a consequence, seafarers remain subject to legislative provisions which date back to 1920 and which constitute, according to the complainant organisation, a measure of discrimination.

B. The Government's reply

1. 62. In its letter of 11 March 1983, the Government transmits the observations of the Minister of the Merchant Marine competent in the matter. Although the Minister admits that Act No. 1264 does not cover seafarers, he lists the texts that are applicable to the latter: in particular, in the light of the interpretation of section 41 of Act No. 330 of 1976 given by section 16 of Act No. 1085 of 1980 based on the provisions of Act No. 2151, Royal Decree No. 15 of 20 May 1920, Basic Law No. 1803 of 1951 as well as Legislative Decree No. 4361 of 1964, in conjunction with the provisions of the Code of Civil Law governing trade unions.
2. 63. As regards the protection of trade union leaders, penal sanctions and the exercise of the right to strike, the Government adds that the applicable provisions are sections 26 to 28, 32 to 38, 40 and 42 of Act No. 330 of 1976. According to the Government, the legal statute of seafarers does not contain any provision which may be interpreted as constituting an intervention on the part of the public authorities which may limit or impede the legal exercise of trade union rights.
3. 64. However, the Government points out that given the special occupational circumstances pertaining to seafarers, a specific legislative text designed to establish both the democratisation of the seafarers' trade union movement and a greater consolidation of their freedom of association, has beer announced and is currently being drafted. The Government gives the assurance that the preparation of this text will take into account the views of all the seafarers' associations as well as of the legislation and practice currently in force at the international level concerning the merchant marine.

C. The Committee's conclusions

1. 65. The Committee notes that this case concerns the exclusion of seafarers' organisations from the new Greek trade union legislation, Act No. 1264 of 1982, but that the Government points out that a specific legislative text designed to establish the democratisation of the seafarers' trade union movement and a greater consolidation of their freedom of association, is being prepared. It also notes the statement of the Government that account will be taken in the preparation of this text of the views of the seafarers' organisations, as well as of the legislation and practice currently in force at the international level as regards the merchant marine.
2. 66. The Committee recalls that it has had before it on several occasions in the past complaints from the seafarers' organisations of Greece and that it expressed the wish that legislative provisions be adopted in accordance with Conventions Nos. 87 and 98, which have been ratified by Greece. The Committee also observes that the Committee of Experts on the Application of Conventions and Recommendations also urged the Government, in March 1983, to endeavour to adopt provisions in the near future conforming to the Conventions on freedom of association.
3. 67. In. view of the assurances given by the Government concerning the legislative text currently being prepared, the Committee expresses the firm hope that measures will in fact be taken in the very near future to ensure the application of the Conventions concerning the freedom of association of the seafarers' organisations and believes it would be useful to draw once again the attention of the Committee of Experts on the Application of Conventions and Recommendations to this question.

The Committee's recommendations

• Recommendations of the Committee
  68. 68 In these circumstances the Committee recommends the Governing Body to approve the following conclusions:
      • (a) The Committee takes note of the assurances given by the Government concerning the proposed adoption of specific trade union legislation regarding the seafarers' organisations.
      • (b) The Committee expresses the firm hope that measures will in fact be taken in the very near future to ensure the full application of Conventions Nos. 87 and 98 with regard to seafarers' organisations and believes it would be useful to draw once again the attention of the Committee of Experts on the Application of Conventions and Recommendations to this question.; it requests the Government to consult the International Labour office and obtain its advice as to the conformity of the draft legislation with ILO principles and standards on freedom of association.