Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 353, Mars 2009

Cas no 2506 (Grèce) - Date de la plainte: 12-JUIL.-06 - Clos

Effect given to the recommendations of the Committee and the Governing Body

1. 96. The Committee last examined this case, which concerns a “civil mobilization order” (requisition of workers’ services) of indefinite duration which put an end to a legal strike of seafarers on passenger and cargo vessels, at its March 2008 meeting [see 349th Report, paras 115–125]. On that occasion, the Committee noted with interest the entry into force of Act No. 3536/2007 concerning “Special Regulations of Migration Policy Issues and other issues under the competence of the Ministry of the Interior, Public Administration and Decentralization”, which provides in section 41 that the requisition of personal services is possible only in a “sudden situation requiring the taking of immediate measures to face the country’s defensive needs or a social emergency against any type of imminent natural disaster or emergency that might endanger the public health”; it also noted that Legislative Decree No. 17/1974, on the basis of which the civil mobilization order had been issued in the present case, will from now on only apply in times of war. The Committee encouraged the adoption of legislation on the establishment of an independent authority to bear the responsibility for suspending a strike on the grounds of national security or public health, and requested to be kept informed of any development in this respect. It invited once again the Government and the complainant Pan-Hellenic Seamen’s Federation (PNO) to engage in negotiations as soon as possible over the determination of the minimum service to be made available in case of strikes in the maritime sector, in conformity with national legislation on security personnel and freedom of association principles. Finally, it requested the Government to specify whether negotiations took place over the list of demands presented by the PNO and the relevant outcome.
2. 97. In a communication dated 2 September 2008, the Government expresses its satisfaction at the fact that the Committee took sufficiently into account the Government’s observations especially with regard to Greece’s particular geographic features, which no doubt necessitate the continuous provision of maritime transport services among islands and between islands and the mainland in order to meet the vital needs of the population that lives in the islands.
3. 98. The Government recalls that the national legislation in force, as stressed in the past, provides that, in case of a strike called by workers providing services of vital importance, the trade union organization concerned makes the necessary safety personnel available, with a view to meeting emergency or fundamental needs of society. The minimum number of crew and the seafarers’ specialities for the operation of the vessel cannot become subject of consultations and agreement, but is a matter of application of the legislation (based on the guidelines and requirements of international bodies, including the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), and the Maritime Labour Convention, 2006), to safeguard the vessel’s and its passengers’ safety in terms of staffing. Moreover, the cases of emergency or the vital needs of islanders cannot be determined easily beforehand, since they vary not only according to the season of the year, but also according to the surface of each island, the structure of the local economy and the distance of the island from large inland urban centres. Nevertheless, the Government notes the Committee’s recommendations and acknowledges that they emanate from its interest in safeguarding the meeting of vital needs of the islanders on a continuous basis, even in cases when seafarers exercise their constitutional right to call a strike. In this context, the said recommendations can become the subject of consultations with the seafarers’ trade unions, in case of general strike on maritime transport services among islands and between islands and the mainland, which will take place between the dates from the notification of such mobilizations to their possible realization.
4. 99. As far as the list of demands submitted by the PNO is concerned, the Government indicates that, as previously mentioned, their vast majority has already been satisfied. The existing labour peace constitutes proof of the above and any other issue is being dealt with by means of cooperation and consultation among the maritime social partners, so that it might be settled in accordance with the abilities and obligations of the country. The Government provides detailed information in this regard to a number of employment enhancement measures, increases in relevant workers’ funds, etc., many of which have been the subject of long consultations with the PNO.
5. 100. With regard to the issue of civil mobilization, the Government is certain that recent Act No. 3536/2007 (section 41) sufficiently guarantees the safeguarding of the interest of both the seafarers on strike and the citizens, and awaits proof of its effectiveness in practice. In any event, the Government is indeed positive towards the establishment of an independent authority, which will have the competence and responsibility to review whether the preconditions for the application of the provisions of section 41 of Act No. 3536/2007 exist. The Government reassures the Committee that the competent Ministry of Interior will address both the encouragement of the Committee concerning the adoption of the relevant legislation and its wish to remain informed about all relevant developments on this matter.
6. 101. The Committee notes with interest from the Government’s reply that the issue of minimum services will be addressed in case of general strike in the maritime transport sector from the time of notification of a strike, to its staging; this is due to the fact that it is difficult to predict the extent of the minimum service which largely depends on the season of the year and other factors. The Committee requests to be kept informed of developments in this regard. With regard to the Government’s indication that the manning of ships is subject to international regulations and cannot be limited to a minimum service, the Committee recalls that the minimum service may relate to the number of crossings carried out per day, instead of the number of staff manning the ship.
7. 102. With regard to the negotiations over the list of demands submitted by the PNO, the Committee notes that according to the Government the vast majority of these demands has been met and the current social peace constitutes proof of the above. Noting the details provided by the Government as well as the fact that the complainant has not provided additional information in this regard, the Committee will not pursue its examination of this issue any further.
8. 103. With regard to the issue of establishing an independent authority to review whether the preconditions for the application of the provisions of section 41 of Act No. 3536/2007 exist, the Committee notes the Government’s positive stance towards such a possibility, reiterates its encouragement in this regard and requests the Government to keep it informed of any developments.