Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greece (Ratification: 1984)

The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 1 September 2021 and 1 September 2023.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. Recalling that section 2 of Law No. 3896/2010 explicitly prohibits both quid pro quo and hostile environment sexual harassment, the Committee notes with interest the Government’s indication, in its report, that Law No. 4808/2021, which ratified the Violence and Harassment Convention, 2019 (No. 190): (1) recognizes sexual harassment as a form of prohibited discrimination; (2) establishes an Independent Department for monitoring violence and harassment at work within the labour inspectorate; (3) provides that enterprises employing more than 20 workers must adopt policies on the prevention and combat of violence and harassment in the world of work, as well as for the handling of internal complaints for such incidents of violence and harassment, in collaboration with social partners; (4) introduces a right for alleged victims of sexual harassment to abstain from work with full pay for a reasonable time if, in his/her reasonable belief, there is an imminent serious risk to life, health or safety; and (5) establishes very serious infringement fines for sexual harassment per affected person from €2,000 to €10,500 (sections 4, 9 to 12, 16 and 19 of the Law). The Committee further notes that the National Action Plan for Gender Equality (NAPGE) for 2021-2025 sets the objective to address violence at the workplace and provides for specific awareness-raising actions on sexual harassment in workplaces and universities (objective 1.2). In that regard, the Committee notes that Law No. 4957/2022 on higher education provides for the establishment of a “Gender Equality and Anti-discrimination Committee” as an advisory body at each university to prevent, inter alia, sexual harassment. The Committee notes, from the 2023 Ombudsman’s Special Report on harassment and sexual harassment at work, that a recent survey showed that 65 per cent of women have been subjected to some form of sexual harassment, with work being the predominant place where such behaviour occurs (58 per cent of the respondents). The Ombudsman’s investigation of allegations of sexual harassment often highlights evidentiary difficulties, even despite the provision of the shift in the burden of proof. Between 2011 and 2022, 77.5 per cent of the complaints submitted to the Ombudsman referred to cases of sexual harassment. The Committee notes that, according to the statistical data published by the labour inspectorate in its 2022 and 2023 annual reports, 13 cases of sexual harassment were referred to the labour inspectorate in 2021 and 14 cases in 2022 (representing 13.4 per cent and 9 per cent respectively of the total amount of harassment complaints). The Committee notes that, in its observations, the GSEE highlights that, in view of the notable increase of incidents of sexual harassment in particular at workplaces and educational environments, it is crucial to ensure: (1) access to justice for victims of sexual violence, thorough investigations and fair judicial processes; (2) the supporting role of trade unions in advocating for them; (3) the strengthening of services dealing with cases of sexual harassment and abuse, such as healthcare facilities, psychological and social support services, helplines and safe accommodation; (4) the systematic and regular collection of detailed, reliable and comparable data on such incidents; and (5) the implementation and enhancement of awareness-raising activities to prevent such incidents, promote victim rights and share experiences. In that regard, the Committee notes that, according to the European Commission’s 2024 country report on gender equality, a report on the implementation of Law No. 4808/2021 found that, at the end of 2022, in work environments there was still a difficulty in understanding the concept of sexual harassment and even a recognized sexist culture which was expressed in various ways. In that regard, the Committee notes that, in its 2024 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW) remained concerned at the prevalence of gender-based violence against women and girls, including sexual violence, and the underreporting of sexual harassment in the workplace (CEDAW/C/GRC/CO/8-9, 20 February 2024, paragraphs 23 and 33). Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee welcomes the efforts made and asks the Government to provide information on: (i) the measures taken, including in the framework of the NAPGE for 2021–25, to increase public awareness, including for employers and workers and their organizations, about sexual harassment at workplaces and educational environments and enhance the reporting of such incidents; and (ii) the application of above-referred provisions of Law No. 4808/2021 and Law No. 4957/2022in practice, including the number of complaints of sexual harassment dealt with by the labour inspectorate, the Ombudsman, the courts or any other competent authorities, the sanctions imposed and remedies granted.

Pregnancy and maternity. Referring to its previous comments regarding dismissal of pregnant women in the private sector and detrimental changes imposed to women returning from maternity leave with regard to their working conditions, the Committee notes the Government’s general indication that several measures have been adopted to challenge traditional stereotypes and roles within the family and promote work and life balance. It notes however that, in its observations, the GSEE continues to express concern about illegal dismissals of pregnant women in the private sector. It further notes, from the statistical information provided by the Government, that from 2020 to 2022 the labour inspectorate handled 93 cases of discriminatory treatment during pregnancy; 46 cases of discriminatory treatment during maternity period; and 74 cases of dismissals of pregnant women. The Committee notes with concern this information. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory, as they can only affect women, the Committee asks the Government to provide information on: (i) the measures taken to ensure the effective implementation of the legislative provisions that protect women against discrimination in employment and occupation on the ground of pregnancy or maternity; (ii) any-awareness activities undertaken to that end, in particular for employers, workers and their respective organizations; and (iii) the number of cases on discrimination in employment and occupation on the grounds of pregnancy or maternity dealt with by the labour inspectorate, the Ombudsman, the courts or any other competent authorities, the sanctions imposed and remedies granted.

Article 1(1)(b). Additional grounds. Disability. Referring to its previous comments, the Committee welcomes: (1) the establishment of the National Accessibility Authority, as an advisory body, pursuant to Law No. 4780/2021, of 28 February 2021, with a view to facilitating the integration of persons with disabilities into, inter alia, economic activity; (2) the introduction of a 12 per cent quota for employment of persons with disabilities in the public sector, pursuant to Law No. 4765/2021, of 6 January 2021; (3) the adoption of Law No. 5023/2023, of 17 February 2023, which extends the application of the principle of equal treatment on the grounds of disability or chronic illness to the areas of social protection and education, among others; and (4) the adoption of a National Strategy for the Rights of Persons with Disabilities for 2024–30, on 29 April 2024, with a view to improving the living and work conditions of persons with disabilities while giving special importance to education and employment. The Committee notes, from the Strategy, that the employment rate of persons with disabilities reaches 24 per cent compared to the European average that exceeds 50 per cent. In that regard, it notes that, in its 2022 Special Report on equal treatment, the Ombudsman indicates that 21 per cent of the complaints received referred to discrimination based on disability or chronic illness. The Ombudsman further highlighted the obstacles faced by students with disabilities in the attempt for their inclusion in general education, as well as cases where private schools refused to accept children with disabilities (2022 report and public announcement of 18 November 2023). The Committee notes that, in its 2024 concluding observations, the CEDAW also noted with concern that women with disabilities face intersecting forms of discrimination, especially with regard to access to education and employment (CEDAW/C/GRC/CO/8-9, 20 February 2024, paragraph 41). The Committee asks the Government to provide information on: (i) the specific measures taken with a view to enhancing the employment of persons with disabilities and ensuring equal opportunity and treatment for persons with disabilities in education, vocational training and employment, in particular in the framework of the National Strategy for the Rights of Persons with Disabilities for 2024–30; (ii) the employment rate of persons with disabilities, disaggregated by sex, age and work environment (segregated work environment or the open labour market); and (iii) the number and nature of cases concerning discrimination on the ground of disability in employment and occupation dealt with by the competent authorities, the sanctions imposed and remedies granted.

Age. Referring to its previous comments regarding cases of discrimination on the ground of age in employment and occupation, the Committee notes that, in its Opinion No. 328523/67719, of 20 January 2023, the Ombudsman, dealing with a case where a 40-year upper age limit was explicitly set for an administrative employee job position, emphasized that in many cases age is linked, often stereotypically, to physical characteristics and special physical abilities that are considered to be found only in younger people, without it even appearing that such abilities are necessary for the exercise of the duties of the specific positions. Furthermore, in its Opinion No. 308473/3182/2022 of 20 January 2022, the Ombudsman called for the dismissal of a cleaner by a municipality to be overturned, because of a violation of the anti-discrimination legislation on the ground of age. The Committee notes the Government’s indication that, from 2020 to 2022, five cases of discriminatory treatment on the ground of age were examined by the labour inspectorate. The Committee asks the Government to provide information on: (i) the measures taken to prevent and address acts of discrimination on the ground of age in employment and occupation, including by ensuring the effective application of section 2(2)(a) of Law No. 4443/2016, including awareness-raising activities for employers, workers and their respective organizations; (ii) the number and nature of cases concerning discrimination on the ground of age in employment and occupation dealt with by the competent authorities, the sanctions imposed and remedies granted; and (iii) the cases in which age has been considered a physical condition in respect of which social measures of protection and assistance, as provided for in Article 5(2) of the Convention.

Enforcement. The Committee notes the Government’s indication that, pursuant to Ministerial Decision No. 67759/18-7-2022, the labour inspectorate started operating as independent administrative authority, using both preventive measures and repressive measures. The Government adds that, as a result of Ministerial Decision No. 80016/4629/B’/01-09-2022, infringements relating to the violation of the principle of equal treatment are punished with the fines foreseen for “serious” and “very serious” infringements. The Committee notes that, in its observations, the GSEE highlights that: (1) the labour inspectorate does not examine ex officio discriminatory practices when examining workers’ complaints for the violation of their labour rights, unless the workers explicitly invoke the provisions of anti-discrimination legislation; (2) the situation is aggravated by the fact that not all Greece, an important island country, is covered by the labour inspectorate and the Ombudsman office, both based in the capital; and (3) there is a the lack of reliable statistical data on workplace discrimination and it is necessary to enhance the capacity of the Hellenic Statistical Authority (ELSTAT) as also highlighted by the Greek National Commission for Human Rights (GNCHR). In that regard, the Committee notes that in its 2022 report the European Commission against Racism and Intolerance (ECRI) expressed concern about the fact that: (1) the Ombudsman does not have the competence to provide legal representation to victims of discrimination or intolerance in court, to pursue strategic litigation or to bring cases before courts; and (2) the Ombudsman Office is not allowed to freely select new staff to be recruited (pp. 5 and 7 of the report). The Committee asks the Government to continue to provide information on: (i) any awareness-raising activities and public information campaigns undertaken on the issues covered by the Convention, as well as on their impact; (ii) any measures implemented to enhance the capacity of the labour inspectorate, the Ombudsman office and ELSTAT to address and collect data on cases of discrimination in employment and occupation; and (iii) the number of cases of discrimination in employment and occupation dealt with by the competent authorities, while specifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.