Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Grèce (Ratification: 1962)

The Committee notes the Government’s reply to the 2021 observations of the Greek General Confederation of Labour (GSEE) and the Hellenic Federation of Enterprises (SEV). The Committee also notes the observations of the Greek Primary Teachers’ Federation (DOE), and the Federation of Private School Teachers of Greece (OIELE) received on 1 September 2022 alleging that the Ministry of Education has unilaterally abolished the system of trade union leave of public and private sector teacher’s representatives, which had been in effect for decades in the country. The Committee requests the Government to provide its comments thereon. The Committee takes note of the observations of the SEV received in 2022, 2023, 2024 and on 26 August 2025, as well as the observations of the GSEE received on 29 August 2024 and 28 August 2025 which concern matters examined in this comment.

Article 2 of the Convention. Right of workers to form and join organizations of their own choosing without previous authorization. In its last comment, the Committee noted that the legal framework for industrial relations had been amended in 2019 and 2021 and that a new digital registration system had been introduced. Observing that under the new system, registration became a precondition for the ability to negotiate and for trade union protection, the Committee expressed trust that this would not interfere with the rights of workers’ and employers’ organizations to form and join the organization of their own choosing. The Committee notes that the Government indicates that: (i) the digital registry is fully operational, and 796 trade unions and 47 employers’ organizations were registered between 1 February 2022 and 14 August 2024; (ii) the registration process aims at facilitating transparency and making sure that the workers’ organizations are trade unions and no other types of associations; (iii) the Ministry of Labour and Social Affairs (MLSA) simply assesses that the information required has been submitted without evaluating legal compliance, consequently it does not constitute authorization by an administrative body (it is entirely at the courts’ or judicial officers’ discretion to rule whether legal conditions are fulfilled for the establishment of an organization); and (iv) while no requests for registration have been refused, errors have been found in various applications which led to their rejection until the applications were resubmitted (the errors were mostly related to the fact that trade unions were not familiar with the new online registration procedure) and the number of applications containing errors has decreased over time. The Committee notes that the SEV considers that the establishment of the digital registry constitutes an important step to ensuring transparency and representativeness of trade unions of workers and employers associations and indicates the need for strict confidentiality of registry data. In addition, the Committee notes that the SEV considers that recourse to mediation and arbitration should be subject to specific preconditions, including pre-checks by the Organisation for Mediation & Arbitration (OMED). The Committee also notes that the GESS indicates that the fact that the digital registry of workers’ trade unions imposes mandatory registration as a precondition for exercising trade union rights, such as collective bargaining and striking, while the employer’s registry operates on a voluntary basis and retains the traditional judicial process for acquiring legal status, raises concerns about fairness and the protection of trade union rights. The Committee recalls that, although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration (2012 General Survey on fundamental Conventions, para. 83). Taking due note of the Government’s indications regarding the role played by the MLSA in the registration process, the Committee requests the Government to continue providing information on the practical application of the digital registration process for workers and employers’ organizations, including the number of organizations registered. In light of the observations made by the GESS, the Committee also requests the Government to indicate the reasons for the different treatment of workers’ and employers’ organizations under the new digital registration system.

Article 3. Right of all workers’ and employers’ organizations to organize their administration and activities. In its last comment, the Committee noted that Law 4808/2021 provided for remote participation and voting in a general assembly of members. The Committee observed that, while the SEV considered it to be a step forward in modernizing the trade union framework, the GSEE indicated that the mandatory use of new digital technologies for trade unions did not have legislated procedural guarantees for the access for all organizations to an adequate uniform digital voting system that ensures the individuality and secrecy of the ballot. The Committee requested the Government to provide information on the impact of the Law on the right of all workers’ and employers’ organizations to organize their administration and activities free from interference. The Committee notes that the Government indicates that: (i) trade unions are obliged to provide their members with the possibility of participating and voting remotely also during the general assemblies when the calling of strikes is decided; (ii) in this context, the MLSA and the Ministry of Digital Governance (MDG) announced on 10 February 2022 that the digital application “ZEUS”, which enables to hold online ballots and election processes, would be made available free of charge to trade unions so that they can fulfil their obligations to provide the option of online voting to their members; and (iii) trade unions may also opt for another application under the condition that it ensures the integrity and secrecy of the ballot, in accordance with section 87 of Law 4808/2021. The Committee also notes that the GSEE indicates that the transition to the digitalized trade union operations has been challenging and that it has requested the Government affordable internet access and a secure public platform for electoral processes as sensitive personal data is collected. While welcoming the Government’s initiative to allow trade unions to use the above-mentioned application free of charge, the Committee also notes the difficulties reported by the GSEE with regard to the digitalization of trade union operations. Recalling that workers’ and employers’ organizations should have the right to organize their activities in full freedom, the Committee requests the Government to take the necessary measures to amend Law 4808/2021 to ensure that the possibility of allowing their members to participate and vote remotely during their general assemblies is left to thediscretion of these organizations. The Committee requests the Government to provide information on any developments in this regard.

Penal sanctions. The Committee notes that the GSEE indicates that Law 5053/2023 has introduced new restrictions on the right to strike, in particular civil liability on trade unions and their members if they fail to protect the rights of non-striking workers (which includes vague terms such as exercising “psychological violence”) and penal sanctions in case of exercise of violence over or preventing employees not participating in strikes, from entering, providing services and leaving their work, or of employee’s participation in the occupation of the working spaces or their entrances. In this regard, the Committee considers that adequate safeguards and immunities from civil liability are necessary to ensure respect for the right of workers to exercise legitimate industrial action. The Committee has also previously emphasized that no penal sanctions should be imposed against a worker for having carried out a peaceful strike and thus for merely exercising an essential right, and therefore that measures of imprisonment or fines should not be imposed on any account (2012 General Survey, para. 158). The Committee requests the Government to review Law 5053/2023 in consultation with the social partners with a view to its possible amendment to ensure that workers can engage in legitimate industrial action and to provide detailed information on its implementation in practice and the effects it has had on the exercise of the rights guaranteed by the Convention.

Technical assistance. The Committee welcomes the information provided by the Government on the technical assistance provided by the Office on matters related to the Convention, including tripartite activities and comparative studies on facilities for trade union officers.