Violence and Harassment Convention, 2019 (No. 190) - Greece (Ratification: 2021)

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

The Committee notes the Government’s first report.

The Committee further notes the observations made by the Greek General Confederation of Labour (GSEE) received on 1 September 2023. The Committee requests the Government to communicate its comments in this regard.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that section 4(1) of Law No. 4808/2021 prohibits all forms of violence and harassment, including gender-based violence and harassment and sexual harassment, that occur in the course of work, and are either related to or result from such work. It further notes that section (2) of the Law defines “violence and harassment” by reproducing the terms of the Convention, and more specifically defines “harassment” and “gender-based harassment”. Other provisions in the national legislation – namely in Law No. 4604/2019 “on Substantive Gender Equality and Preventing and Combating Gender-Based Violence”, Law No. 4443/2016 “on Equal Treatment” and Law No. 3896/2010 on the Implementation of Directive 2006/54/EC of the European Parliament - provide for more specific definitions of gender-based “violence at work”, “sexual harassment” and “harassment” based on race, colour, national or ethnic origin, descent, religious or other beliefs, disability or chronic disease, age, marital or social status. As regards gender-based violence and harassment, the Committee notes that section 4(2)(c) of Law No. 4808/2021 defines “gender-based harassment” as a “conduct related to the gender, sexual orientation or gender identity or characteristics of a person, with the purpose or effect of violating the dignity of this person and creating an intimidating, hostile, degrading, humiliating or offensive environment”, specifies that it includes sexual harassment and harassment based on sexual orientation, expression and gender identity or characteristics. The Committee also notes that the Penal Code also criminalizes a number of conducts that could cover forms of violence and harassment in the world of work, such as unlawful violence, menace, physical aggression, bodily injury, insults, rape, and violation of sexual dignity. Welcoming this information, the Committee requests the Government to provide examples on the specific behaviours addressed in cases of violence and harassment dealt by labour inspectors and other competent authorities in accordance with the provisions referred above.

Articles 2 and 3. Scope of application. The Committee notes the Government’s indication that all persons referred to in section 2 of the Convention are protected. The Committee notes that section 3 of Law No. 4808/2021 and section 3 of Ministerial Decision No. 64/946/OLK858/2023 on prevention and treatment of violence and harassment at work in public bodies provide that the legal protection against violence and harassment in the world of work apply to “workers and employees” of both the private and public sectors “irrespective of their contractual status, including workers bound by a works contract, offering independent services, employed on salaried assignment basis, through third party service providers as well as persons in training, including interns and apprentices, volunteers, workers whose employment relationship has been ended, jobseekers and workers in the informal economy.” The Committee notes the Government’s statement, in its report, that the protection provided for in the legislation applies also to persons who exercise the powers, duties and responsibilities of employers, provided that they fall within the categories of “workers” mentioned above, and that, in addition, all provisions of Criminal Law have a general scope of application. The Committee further notes that section 4 of Law No. 4808/2021 and section 2 of the Ministerial Decision No. 64/946/OLK858/2023 cover violence and harassment occurring in all situations foreseen in Article 3 of the Convention. The Committee requests the Government to provide, if possible, examples of the application of Law No. 4808/2021 and the Ministerial Decision No. 64/946/OLK858/2023 to cases of violence and harassment that occurred in the contexts listed in Article 3(a) to (f) (for instance, in judicial or administrative decisions).

Article 4(2) and (3). Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government on the diverse measures taken to implement the Convention and the collaboration between different institutions with a relevant mandate for its application. The Government however expresses that there are still gaps in the regulations in order to achieve a fully coherent framework of protection, especially with regard to violence and harassment in the public sector. As regards violence and harassment involving third parties, the Committee notes that, apart from section 42(1) of the Code of Laws on occupational safety and health (OSH) which provides for the employer’s general duty to ensure health and safety of third parties, no other reference is made in the Government’s report to violence and harassment involving third parties. The Committee welcomes the Government’s indication that: (1) employers’ and workers’ organizations played an important role in the ratification process of the Convention and the elaboration of its implementing laws and regulations; and (2) by 2022, 70 out of 321 enterprise-level collective labour agreements included references to policies on violence and harassment. It notes however that, in its observations, the GSEE calls for the reestablishment of institutional tripartite social dialogue with specific mandate for zero tolerance against violence and harassment in the world of work. The Committee asks the Government to provide information on: (i) the steps taken, in consultation with representative employers’ and workers’ organizations, to identify any further measures necessary to promote an inclusive and integrated approach in the implementation of the Convention, in both the public and private sectors; and (ii) any measures envisaged to take into account violence and harassment involving third parties. The Committee asks the Government to continue to provide information on the adoption of measures to prevent and address violence and harassment in collective bargaining and, if possible, to provide examples of such agreements.

Article 6. Equality and non-discrimination. The Committee notes the information provided by the Government on the national legal framework to promote equality and non-discrimination in employment and occupation. The Committee refers, in that respect, to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8. Appropriate preventive measures. The Committee notes the Government’s indication that the relevant legislative provisions apply to workers in both the formal and informal economy, provided there exists an employment relationship and may have recourse to all competent authorities. The Committee notes that the Government did not provide information on any sector or occupation and work arrangements in which workers and other persons are more exposed to violence and harassment which may have been identified. The Committee asks the Government to provide information on: (i) measures aiming at raising the awareness and training public servants to prevent, identify and deal with cases of violence and harassment against workers in the informal economy (for instance, trainings addressed to law-enforcement authorities to prevent their participation in acts of violence and harassment against informal economy workers); and (ii) the measures taken, in consultation with the employers’ and workers’ organizations concerned, to identify sector or occupation and work arrangements in which workers and other persons are more exposed to violence and harassment, as well as any specific prevention and protection measures taken in that regard.

Article 9. Responsibilities of employers. The Committee notes the Government’s indication that: (1) section 42(1) of the Code of Laws on OSH establish the employer’s general duty to ensure workers’ health and safety at work in all aspects of work and to take measures to ensure the health and safety of third parties; and (2) section 5 of Law No. 4808/2021 provides for the specific obligations of every employer, irrespective of the number of personnel, or persons exercising managerial rights or representing the employer, to prevent and address violence and harassment.

Article 9(a). Workplace policy. The Committee notes that, pursuant to sections 5 and 9 of Law No. 4808/2021: (1) every employer shall display at the workplace and make accessible information on the procedures that exist at enterprise level on how to report and address violence and harassment; and (2) in the private sector, enterprises employing more than 20 workers must adopt a workplace policy to prevent and combat violence and harassment in the world of work which shall include, among others, a zero tolerance statement, information on the rights and obligations of workers and employers, information and awareness-raising actions, and the appointment of a “contact person” responsible to guide and inform workers. The Committee also notes that: (1) pursuant to section 11 of Law No. 4808/2021 and section 2(3) to (6) of Ministerial Decision No. 82603/2021, such workplace policy is to be adopted in consultation with workers and their representatives; and (2) that Ministerial Decision No. 82063/2021 gives more detailed instructions on the drawing of workplace policies. The Committee further observes that, according to section 4 of Ministerial Decision No. 64/946/OLK858/2023, the competent personnel services of the public sector shall inform employees of the applicable provisions regarding cases of violence and harassment, including those contained in codes and guides of ethics, and publish the procedures in place at the institution for reporting and addressing violence and harassment. The Committee asks the Government to: (i) provide, if available, examples of harassment policies adopted pursuant to section 9 of Law No. 4808/2021; (ii) clarify whether there are any provisions that require enterprises with less than 20 workers in the private sector, as well as institutions in the public sector, take appropriate steps commensurate with their degree of control to prevent violence and harassment in workplace policies (either those already foreseen in legislation or new ones).

Article 9(b) and (c). Occupational safety and health management, including in relation to hazards and risks of violence and harassment. The Committee notes the Government’s indication that, pursuant to the Code of Laws on OSH: (1) employers shall develop programmes for prevention and improvement of working conditions taking into account work organisation, social relations, environmental and technological factors and psychosocial risks (section 42(6)(e)), and assess psychosocial risks, including the risk of violence and harassment, including sexual harassment, and take measures for their prevention, control and elimination (section 42(6)(i)); (2) the occupational doctor shall advise on work physiology and psychology, including for the prevention of violence and harassment at work, including sexual harassment, as well as on integration or reintegration of persons discriminated against or victims of violence and harassment, including sexual harassment (sections 17(2)(c) and (e)), and provide emergency treatment, in particular in the event of an incident of violence (section 18(2)(e). The Government also indicates that Law No. 4808/2021 provides that workplace policies to address violence and harassment (required for private sector enterprises with more than 20 employees), shall include an assessment of the risks of violence and harassment at work, and measures to prevent, control, mitigate and respond to such risks (section 9(2)). The Government further indicates that Ministerial Decision No. 82063/2021 provides further guidance by indicating that: (1) risks associated with violence and harassment include any inherent risk stemming from the nature of the activity, the job, factors such as gender and age or other characteristics that constitute grounds for discrimination, as well as risks related to specific groups of workers (such as night workers, new recruits); and (2) measures to prevent, control and mitigate such risks may include promoting open communication, technical safety measures in relation to lightning or emergency alerts, or sensitization on issues related to vulnerable categories of workers. The Committee asks the Government to provide, if available, examples of the safety and health programmes adopted pursuant to section 42(6)(e)) of the Code of Laws on OSH that specifically take into consideration violence and harassment in the world of work.

Article 9(d). Information and training. The Committee notes the information provided by the Government on the diverse legislative provisions providing for the duty of employers to provide information on risks of violence and harassment and on the measures in place to prevent and protect against this phenomenon (including section 5(1)(c) Law No. 4808/2021, section 4 of Ministerial Decision No. 64/946/OLK858/2023, and sections 18(2)(d), 42(6), 47 and 73(7) of Code on Laws of OSH). The Committee asks the Government to indicate any measures taken to ensure that such information and training is provided, where appropriate, in accessible formats.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes with interest that, pursuant to section 16 of Law No. 4808/2021, an Independent Department for monitoring violence and harassment in the world of work has been established within the labour inspectorate, which is responsible, inter alia, for: (1) monitoring the progress of complaints and labour disputes related to violence and harassment in the world of work; (2) preparing and submitting annual reports; (3) providing training and advisory support to the regional services of the labour inspectorate on legislative developments, good practices and issues of implementation of the legislation related to violence and harassment; (4) cooperating with various Departments of the Government as well as the Ombudsman to elaborate guides and protocols for disputes related to violence and harassment; (5) collecting, processing and using data to check compliance with the relevant legislation; and (6) keeping a register of employers against whom an administrative sanction was imposed for violating the prohibition of violence and harassment (established pursuant to Ministerial Decision No. 80016/2022). The Committee further notes the Government’s statement that, as highlighted by the Ombudsman in its 2023 Special Report on harassment and sexual harassment at work: (1) in the public sector, there is no similar central and independent department that would be competent to monitor violence and harassment in the world of work; and (2) the Ombudsman is competent to examine complaints of harassment only when they are linked to a ground of discrimination. The Committee notes that, in the public sector, the imposition of disciplinary sanctions is generally monitored by the National Transparency Authority. The Committee notes that sections 17 and 19 of Law No. 4808/2021 provide that the labour inspectorate is competent to monitor violations of violence and harassment in the world of work, including by issuing orders of immediate effect in case of imminent danger (such as the removal of the reporting person, the change of shifts, the transfer of the respondent, or teleworking of the respondent). In that regard, it notes that, in its observations, the GSEE expressed concern about: (1) logistic gaps in the coverage of the competent authorities due to Greece being an important island country; and (2) the impact of the restructuring of the labour inspectorate, as provided for under Law No. 4808/2021, on its effectiveness. The Committee asks the Government to provide information on: (i) the measures taken to ensure that the labour inspectorate and other competent authorities have the competencies and means to effectively monitor cases of violence and harassment throughout the country, as well as any awareness-raising measures to make their mandate known; (ii) the measures foreseen to monitor the enforcement of national laws and regulations regarding violence and harassment in the public sector; (iii) the number of cases of violence and harassment addressed by the labour inspectorate and other competent authorities, including those contained in the reports of the Independent Department or the Ombudsman reports. The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the Government’s indication that (1) Law No. 4808/2021 provides for the obligation of every employer to receive, investigate and handle any report of violence and harassment (section 5), and that private sector enterprises with more than 20 workers shall adopt a policy for the handling of internal complaints of violence and harassment at work and that includes requirements of secure and easily accessible communication and impartial examination (section 10); (2) in the public sector, the competent personnel shall ensure the creation of an environment of safety and confidentiality for employees who wish to report violence and harassment at work, with a view to dealing with them in a timely manner during the applicable procedures, and reports of violence and harassment shall be submitted to the Integrity Adviser of the corresponding entity if it exists, or to the superior in the administrative hierarchy for staff matters (sections 4(e) and 5 of Ministerial Decision No. 64/946/OLK858/2023); (3) in addition to judicial protection, victims have the right to appeal to the labour inspectorate and, the Ombudsman, as well as the National Transparency Authority for cases with undue delays in the public sector (section 12(1) of Law No. 4808/2021 and section 5 of Ministerial Decision No. 64/946/OLK858/2023); (4) section 18 of Law No. 4808/2021 provides for specific rules regarding dispute resolution processes before the labour inspectorate in case of violence and harassment in the world of work, and standard inspection forms, documentation tools and guides have been elaborated to that end (5) section 14 of Law No. 3896/2010, sections 10(2)(c), 12 and 13 of Law No. 4808/2021 section 3(2) of Ministerial Decision No. 82063/2021 and section 7 of Ministerial Decision No. 64/946/OLK858/2023, prohibit retaliation and victimization against the affected person, and Law No. 4990/2022 also protects whistleblowers against retaliation; (6) women who are victims of violence, including outside the world of work, are provided with psychosocial and employment related counselling, legal aid and accommodation by the Network of the General Secretariat for Equality and Human Rights, and in September 2022, a Memorandum of Understanding was signed between the Ministries of Health and Justice in order, inter alia, to strengthen the protection of victims of crime; and (7) section 15 of Law No. 4808/2021 enables the reversal of the burden of proof for cases of violence and harassment. The Government also states that several issues have been identified regarding dispute resolution in case of sexual harassment, such as the difficulties faced by victims in gathering evidentiary evidence, as witnesses often withdrawal and ultimately refuse to testify for fear of reprisals, the fact that sometimes claims are withdrawn following threats of responding claims for defamation, and the lengthy timelines to examine complaints in the public sector, which may take more than one year, are not communicated to the Ombudsman, and do not foresee the provision of any information to the complainants. In that regard, the Committee notes that, in its observations, the GSEE highlights that: (1) some confusion results from the fact that there are several co-responsible authorities, in particular the labour inspectorate, the Ombudsman and the National Transparency Authority; (2) not all of Greece is covered by these three authorities which are all based in the capital; and (3) timely interventions are necessary to protect victims of sexual violence, enabling their access to stronger services dealing with cases of sexual harassment and abuse, such as healthcare facilities, law enforcement, psychological and social support services, helplines and safe accommodations for women. Noting the wide range of existing procedures for different cases of violence and harassment, the Committee requests the Government to inform on the measures taken to provide clear, simplified and accessible information to employers and workers on the various reporting and dispute resolution claims and mechanisms available. The Committee also asks the Government to inform on: (i) measures taken to protect witnesses and whistleblowers against victimization and retaliation; and (ii) measures taken to raise the awareness of workers and employers on the protection against victimization and retaliation against the victim provided for under the national legislation.

Easy access to appropriate and effective remedies. The Committee notes that section 12(5) of Law No. 4808/2021 provides that violating the prohibition of violence and harassment in the world of work shall give rise, inter alia, to a claim for full compensation for the affected person, covering both incidental and consequential damage as well as non-material damage. The Committee asks the Government to provide examples, if available, of the remedies accorded in cases of violence and harassment in the world of work.

Article 10(c). Privacy and confidentiality. The Committee takes note of the diverse provisions that foresee requirements of privacy and confidentiality for cases of violence and harassment, including: (1) confidentiality in procedures in the public sector (section 5 of Ministerial Decision No. 64/946/OLK858/2023); (2) requirements of privacy of the parties involved and third parties, to the extent possible, and confidentiality of documents, in the procedures of the labour inspection (section 18(5) of Law No. 4808/2021); and (3) requirements that internal workplace policies for handling complaints shall protect the confidentiality and personal data of victims and alleged perpetrators (Article 10 of Law No. 4808/2021).

Article 10(d). Sanctions. The Committee takes note of the penalties provided in the Penal Code for several behaviours that can constitute violence and harassment in the world of work. The Committee notes the Government’s indication that, pursuant to sections 12 and 19 of Law No. 4808/2021 when the employer or the person exercising the managerial authority or representing the employer breaches the prohibition of violence and harassment in the world of work or does not comply with its obligation to adopt measures to prevent and address it, administrative fines for serious and very serious infringements (provided for in the Annexes III and IV of Ministerial Decision No. 80016/01-09-2022), can be imposed by the labour inspectorate. The Government also indicates that: (1) pursuant to Article 6 of Ministerial Decision No. 64/946/OLK858/2023, measures to be adopted in cases of violence and harassment may include disciplinary penalties or the termination of employment in accordance with applicable provisions in the public sector; and (2) section 107(1)(g) of the Civil Service Code establishes a disciplinary offence in case of violation of the principle of equality, equal opportunities and equal treatment of men and women. The Government further indicates that, since 1 September 2022, the labour inspectorate imposed administrative fines for a total of €17,000 to employers for cases of violence and harassment, including sexual harassment at work. The Committee asks the Government to provide information on: (i) any other provisions that establish disciplinary sanctions for cases of violence and harassment in the world of work perpetrated by persons other than the employer or the person exercising the managerial authority or representing the employer; (ii) if available, specific examples of the sanctions imposed, pursuant to sections 12 and 19 of Law No. 4808/2021 and section 107(1)(g) of the Civil Service Code, for cases of violence and harassment in the world of work.

Article 10(f). Domestic violence. The Committee notes that, pursuant to section 9(2)(f) of Law No. 4808/2021 and section 3 of Ministerial Decision No. 82063/2021: (1) enterprises in the private sector with more than 20 workers shall include, in their workplace policy, protection of employment and support to workers who are victims of domestic violence, if possible, by any appropriate means or reasonable adjustment, and such measures may include employment protection, special leave, flexible working arrangements and reintegration of victims into the workplace; (2) workplace policies may also include measures to provide guidance and support to victims of domestic violence for their reintegration into the workplace. The Committee also notes that, pursuant to sections 17(2)(e) of the Code of Laws on OSH, the occupational physician shall advise on the integration or reintegration of persons victims of domestic violence in the production process, including with suggestions of retraining or reasonable adjustments to the job. The Committee welcomes this information and asks the Government to provide: (i) if available, examples of workplace policies that provide for measures on the protection of employment and support for victims of domestic violence; (ii) information on whether any similar provisions exist or are foreseen for the public sector.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Government indicates that, pursuant to section 12(3) of Law No. 4808/2021 and section 6 of Ministerial Decision No. 64/946/OLK858/2023, any person who suffers an incident of violence and harassment has the right to leave the workplace for a reasonable period of time, without wage deprivation or other adverse consequence, if there is a reasonable belief that there is an imminent serious risk to their life, health or safety, and has the obligation to give prior notice to the employer in writing. The Committee also notes, in this regard, that section 45 of the Code of Laws on OSH stipulates that a worker who leaves the workstation due to serious, imminent and unavoidable danger, may not suffer any adverse consequences. The Committee asks the Government to provide information on the application of these provisions to cases of violence and harassment in the world of work and, in particular, to clarify what is considered to be “unavoidable” according to section 45 of the Code of Laws on OSH, and how the requirement of “prior notice” foreseen in Law No. 4808/2021 is implemented.

Article 11(a). The Committee takes note of that the Government informs about several strategies, programmes and action plans that provide for measures to prevent violence and harassment in the world of work, including gender-based violence, indicating that: (1) the National Strategy on Health and Safety at Work (2022–2027) includes, as a priority axis, the management of new and emerging psychosocial risks including violence and harassment; (2) the National Action Plan on Gender Equality for 2021–2025 includes a priority axis to prevent and combat gender-based violence at the workplace; (3) measures to address discrimination foreseen in the National Strategy and Action Plan for Roma Social Inclusion 2021–2030, the National Action Plan for the Rights of Persons with Disabilities, the National Action Plan Against Racism and Intolerance 2020–2030, and in the implementation of the European Strategy for LGBTIQ Equality 2020–2025). The Committee asks the Government to continue to provide information on the measures adopted, within these diverse policies, to prevent and eliminate violence and harassment in the world of work, and any evaluation made on their impact.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes with interest the information provided by the Government on diverse actions, including: (1) awareness-raising activities of the Independent Department for violence and harassment at work, including the publication of its annual reports since 2021; (2) the publication of the first Guide regarding labour disputes on violence and harassment at work which is publicly available on the labour inspectorate’s website; (3) a special Government’s online platform with information materials on violence, sexual harassment and domestic violence with specific hotlines in case of violence; (4) information materials and training workshops on violence and harassment at work in the public and private sectors from the Research Centre for Gender Equality (KETHI), which also published, in 2022, a training material for combating violence and harassment at work; (5) the Guide for businesses on Law No. 4808/2021 published by the Hellenic Federation of Enterprises; and (6) the study and guide on sexual harassment in the public sector published in 2022 by the Greek Civil Service Confederation (ADEDY). The Committee however notes that, in its 2024 country report, the European Commission notes, among others, that a significant percentage of enterprises, mostly small and medium enterprises, were still not aware about Law No. 4808/2021, whereas an even higher percentage did not know enough about its content, and that there was a lack of information about the content of legislation on violence and harassment, including on their rights and the internal procedures in case of sexual harassment. The Committee welcomes the information provided and encourages the Government to pursue its efforts and to enhance the guidance, training and awareness-raising activities carried out for employers and workers, as well as their respective organizations, on violence and harassment in the world of work, including sexual harassment, and to provide information on the participation of men and women in such initiatives. The Committee also asks the Government to indicate any measures taken to ensure that guidance, training and awareness-raising is provided in accessible formats, as appropriate. The Committee also asks the Government whether it has considered to elaborate guidance materials that would compile the main legal rules applicable to cases of violence and harassment in the world of work.