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Maternity Protection Convention (Revised), 1952 (No. 103) - Greece (Ratification: 1983)

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Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 4(5) of the Convention. Benefits out of social assistance funds. The Committee notes that women who fail to qualify for cash benefits from social insurance and cannot afford an adequate standard of living are provided with cash sums pursuant to a Maternity Benefit Plan administered by the municipalities of €220 for the period of 42 days before childbirth and €220 for the period of 42 days following childbirth, that is, 84 days in total. According to the Government’s report, in 2011, this subsidy was paid to 92 mothers.

The Committee asks the Government to explain: (i) how the amount of €220 was determined and whether it is deemed sufficient for the full and healthy maintenance of the mother and child in accordance with a suitable standard of living, subject to the means test which may be required for social assistance; (ii) what conditions are to be fulfilled by women workers not eligible for social insurance benefits to qualify for this subsidy; and (iii) how the Government intends to extend the subsidy to cover the entire statutory duration of maternity leave of 17 weeks (119 days), in line with Article 52 of the Social Security (Minimum Standards) Convention, 1952 (No. 102), also ratified by Greece, which provides that the duration of maternity benefit may not be limited to a period shorter than the statutory duration of maternity leave.

Part V of the report form. Application of the Convention in practice. The Committee notes that, following certain reforms introduced during the reporting period (adoption of Act No. 3896/2010), the Independent Authority of the Greek Ombudsman now has competence for the promotion and the monitoring of the principle of equal treatment between men and women in both the public and the private sectors, which also includes competence for maternity protection issues. It also notes that a special cooperation procedure has been established between the Ombudsman and the labour inspectorate which is aimed at facilitating inspection and the imposition of sanctions. The adoption of Act No. 3996/2012 gives competence to the labour inspectorate to monitor the implementation of legislative provisions concerning equal opportunities and equal treatment between men and women, including as regards work and family balance. The Committee asks the Government to report on the implementation of these new procedures and indicate the ways in which they helped secure better compliance with maternity protection provisions.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its previous comments, the Committee notes the information provided by the Government in its report. It notes with interest in particular that women agricultural workers are covered by the same legislation as other female employees insured by the Social Insurance Institute (IKA).

The Committee also takes note of the judicial decisions communicated by the Government concerning protection against dismissal of women employees during their maternity leave. The Committee notes in this regard that the decisions in question refer to section 15 of Act No. 1483/1984, paragraph 2 of which recalls the applicability of Act No. 1302/1982, making Convention No. 103 an integral part of national law.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the information supplied by the Government in its report, particularly with regard to the application of Article 3, paragraphs 4, 5 and 6, of the Convention (extension of maternity leave in the event of confinement after the presumed date or illness arising out of pregnancy or confinement) to agricultural employees. It requests the Government to supply the text of the appropriate laws or regulations.

2. The Committee also notes from the Government's report of 1991 on Convention No. 111 that 132 cases of legal proceedings were commenced in 1988 against employers concerning the dismissal of pregnant women or mothers, which resulted in the reinstatement of 121 women workers and the imposition of six fines. The Committee requests the Government to supply, where appropriate, detailed information on any case which involved the dismissal of a woman worker during her maternity leave.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. With reference to its previous comments, the Committee notes with satisfaction that, in accordance with Article 2 of the Convention, the provisions of section 4 of Act No. 1846 of 1951, under which foreigners who were temporarily employed in Greece were excluded from the social security scheme, have been repealed by section 24(1) of Act No. 1902 of 11 October 1990 to issue regulations governing pensions and other related matters, which henceforth permits the protection laid down by the Convention to be provided to this category of women workers. The Committee also notes the Government's statement that, as of the date of the adoption of the above Act, all foreign nationals employed in Greece in any work insured under the Social Insurance Institution (IKA) are subject to compulsory insurance, including maternity insurance, from the first day of their employment.

2. The Committee also notes with satisfaction that section 105(2) of Presidential Decree No. 611 of 1977, which was the subject of its previous comments, has been amended by section 15(2) of Act No. 2085 of 20 October 1992 so as to provide, in accordance with Article 3, paragraph 3, of the Convention, compulsory postnatal leave of two months to public officials whose child is stillborn.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report, particularly as regards Article 4, paragraph 2, of the Convention.

It draws the Government's attention to the following points on which it would like to receive supplementary information:

1. Article 2. In reply to the Committee's previous comments concerning the exclusion of foreigners who are temporarily employed in Greece from the social security scheme by virtue of section 4 of Act No. 1846 of 1951, the Government indicates that a recent Bill introduces a provision to amend section 4 by placing important restrictions on the meaning of temporary employment. In particular, it is envisaged that employment cannot be considered to be temporary if the foreigner's stay is for the purpose of seeking and taking employment to cater for his own and his family's fundamental needs. Furthermore, in no case will the employment of a foreigner for more than one year be considered to be temporary.

The Committee takes due note of this information. It considers that when it is adopted, the amendment to section 4 of Act No. 1846 of 1951 will constitute a first step towards providing better protection for women workers employed on a temporary basis. It therefore requests the Government to supply information on the progress achieved in this respect, and on any other measures that have been taken to ensure the full application to this category of women workers of the Convention, which does not authorise any distinction based on nationality, even if the employment contract is only temporary and irrespective of the purpose of the person's stay in the country.

2. Article 3, paragraph 3. The Committee notes with interest the information supplied by the Government concerning the maternity leave of public officials. It notes, however, that by virtue of section 105(2) of Presidential Decree No. 611 of 1977, women officials only have the right to post-natal leave if the child is born live. In this connection, it notes that new regulations for officials, which are in their last stage of preparation, and which are due to be adopted in the very near future, provide for one month's post-matal paid leave for officials whose child is stillborn. The Committee points out that Article 3, paragraph 3, of the Convention provides that the period of compulsory leave after confinement shall in no case be less than six weeks without any exceptions being authorised, including cases in which the child is stillborn. The Committee therefore hopes that the Government will be able to re-examine the situation and take the necessary measures to bring the national legislation fully into conformity with the Convention on this point.

3. Article 3, paragraphs 4, 5 and 6. The Committee notes the information supplied by the Government in its report regarding women agricultural workers working on their own account. It requests the Government to indicate, with respect to women agricultural employees, how and under which provisions an extension of maternity leave is provided for in the event of late confinement or illness arising out of pregnancy or confinement, in accordance with these provisions of the Convention.

The Committee notes the information supplied by the Government as regards the national health system. It would be grateful if it would supply detailed information in its future reports on any new measure that may be taken in this context.