Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 349, Marzo 2008

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

1. 115. 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 June 2007 meeting [346th Report, paras 1037–1080]. On that occasion, the Committee adopted the following recommendations on issues that remained pending:
2. (a) The Committee invites the Government and the 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. The Committee requests to be kept informed in this respect.
3. …
4. (c) The Committee requests the Government to take all necessary measures to ensure that negotiations with the PNO recommence as soon as possible and are conducted in line with collective bargaining agreements and processes, with a view to ending the dispute and reaching an agreement over the demands presented by the trade union. The Committee requests to be kept informed of developments in this respect.
5. (d) In view of the allegations that over the last 32 years the Government has resorted to civil mobilization orders in order to end strikes in various sectors, the Committee, noting that the new law still allows for the requisition of services in case of danger to public health, which could therefore continue to be used as grounds for suspending strikes in the future, recalls that the responsibility for suspending a strike on the grounds of national security or public health should not lie with the Government, but with an independent body which has the confidence of the parties concerned [Digest, op. cit., para. 571] and requests the Government to take the necessary measures to ensure that any general suspension or termination of strike is decided in accordance with this principle. It requests the Government to keep it informed of developments in this regard.
6. 116. In communications dated 7 March and 23 August 2007, the Government stated that, as noted during the first examination of this case, the civil mobilization order of crews of merchant marine vessels, which had been the cause of the complaint, was suspended by Ministerial Decision No. 209/01.02.2007 (Official Gazette B’120). The State Legal Council ruled that the ministerial decision in question, which was of indefinite duration and was formally repealed on 1 February 2007, had stopped being in effect after 23 February 2006 at 6 p.m. when the strike ended.
7. 117. The Government indicated that new Act No. 3536/2007 concerning “Special regulations of Migration Policy Issues and other issues under the competency of the Ministry of the Interior, Public Administration and Decentralization” included provisions in article 41 to regulate the issue of requisition of personal services and goods to face emergency in times of peace. The Government observed that the provisions of Legislative Decree No. 17/1974, on the basis of which the civil mobilization order had been issued in the present case, would from now on only apply in times of war.
8. 118. The Government recalled its previous statements concerning the need to ensure the protection of islanders’ health and the efforts it had made in this case to invite the Pan-Hellenic Seamen’s Federation (PNO) to discuss seafarer’s demands and to make safety personnel available, so that ships could sail with a view to meeting fundamental needs of islanders, in particular of vulnerable social groups.
9. 119. The Government added that, during the period under consideration, the Ministry had engaged in continuous and permanent consultation with the social partners competent for the merchant marine. Thus, communication, cooperation and contacts between the Government representatives, the Greek seafarer trade unions at all levels, and the ship owners’ representatives were very constructive on issues relating to the merchant marine at both national and international levels. Joint committees – like the Merchant Marine Council, the administrative board of employment agencies for unemployed seafarers, the administrative boards of seafarer’s social insurance institutes and bodies – continued to meet regularly.
10. 120. The Government commented on the Committee’s conclusions relating to abuse by the Government of requisition measures during the last 32 years. It indicated that such requisition is also allowed in cases of emergency or immediate need, e.g. natural disaster, which should not be added together with cases of strike action, since they relate to different circumstances and conditions and take place with the full consent of citizens and organizations concerned.
11. 121. Concerning the establishment of an independent authority to bear the responsibility for suspending a strike on grounds of national security or public health, the Government declared itself favourable to such an institutional initiative. However, this would need to be provided by law. The Government also considered that the mechanism provided for under Act No. 3536/2007 (decision by the Prime Minister upon proposal by the Minister competent in the matter giving rise to an emergency, instead of the Minister of National Defence) as well as the rapid confirmation by courts of law of the legitimacy of the issued acts, provided for sufficient guarantees.
12. 122. The Committee notes 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 article 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 notes that the 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 further notes that the decision to order a civil mobilization shall be taken by the Prime Minister on proposal by the Minister who has competence to deal with the specific emergency instead of the Minister of National Defence who had competence in all cases. It further notes the Government’s indication that the rapid confirmation by courts of law of the legitimacy of the decision will provide for sufficient guarantees.
13. 123. Concerning its recommendation on the establishment of an independent authority to bear the responsibility for suspending a strike on the grounds of national security or public health, the Committee notes with interest the Government’s indication that, in addition to the safeguards mentioned above (the possibility of having a rapid confirmation by courts of law of the legitimacy of such a measure), it would be favourable towards such an institutional initiative, but that it would need to be provided by law. The Committee encourages the adoption of legislation on this issue and requests to be kept informed of any development in this respect.
14. 124. The Committee notes that no information has been provided with regard to its recommendation for negotiations to commence 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. The Committee recalls that this appears to be a recurrent issue in disputes between the Government and seafarers’ trade unions and that the Committee had already made a recommendation on this issue in an earlier case concerning Greece [Case No. 2212, 330th Report, paras 749 and 755]. The Committee once again emphasizes that, although the ferry service is not an essential service, in view of the difficulties and inconveniences that the population living on islands along the coast could be subject to following a stoppage in ferry services, an agreement may be concluded on minimum services to be maintained in the event of a strike [346th Report, para. 1071]. The Committee recalls the importance of having a negotiated definition of what constitutes safety personnel (e.g. how many crossings per day/week, the necessary personnel for manning the ships, etc.) prior to a labour dispute, so that all parties can examine the matter with the necessary objectivity and detachment and with the participation of the relevant employers’ and workers’ organizations [346th Report, paras 1072–1073]. The Committee therefore invites once again the Government and the 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. The Committee requests to be kept informed in this respect.
15. 125. With regard to its recommendation for negotiations to recommence over the list of demands presented by the PNO, the Committee notes that according to the Government, during the period under examination, communication, cooperation and contacts between the Government representatives, the Greek seafarer trade unions at all levels – including the PNO – and the ship owners’ representatives continued and were very constructive on issues relating to the merchant marine at both national and international levels. Joint committees continued to meet regularly. The Committee requests the Government to specify whether negotiations took place over the list of demands presented by the PNO and the relevant outcome.