Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Grèce (Ratification: 1984)

Autre commentaire sur C111

Observation

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The Committee notes the observations made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in communications dated 29 July 2010 and 28 July 2011, as well as the Government’s reply to the GSEE’s first communication, received 16 May 2011. The Committee also notes the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It notes that the Conference Committee welcomed the Government’s indication that it was working on arrangements with the ILO for the visit of a high-level mission proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE in its comments concerning the application of 12 Conventions ratified by Greece, including the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Conference Committee also considered that contact with the International Monetary Fund (IMF) and the European Union (EU) would assist the Mission in its understanding of the situation [Provisional Record No. 18, Part II, pages 68–72]. The Committee takes note of the report of the high-level mission which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the IMF in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. Further to its observations on the Equal Remuneration Convention, 1951 (No. 100), the Committee recalls that in its 2010 communication the GSEE had expressed the view that the reforms introduced by the measures taken in the framework of the support mechanism have a direct impact on the application of Convention No. 111 and are likely to lead to an increase in multiple discrimination on the grounds of gender, ethnic or racial origin, age, family responsibilities or disability. The Committee notes that in its 2011 communication the GSEE expresses concerns that following new legislative reforms the minimum protection level of some workers is being significantly weakened while the risk of abusive practices against them has increased particularly for working women and workers with family responsibilities, workers in flexible forms of employment, and workers not protected by labour law, including domestic workers and workers in agricultural undertakings. The Committee refers to its comments on Convention No. 100 regarding detailed information noted by the high-level mission on the range of legislative measures taken prior to and in the framework of the support mechanism since March 2010.

Articles 2 and 3 of the Convention. Equality between men women in the public sector. The Committee notes that the abovementioned measures have a major impact on employment in the wider public sector, froze new recruitment in the core public sector and reduced recruitment on the basis of private law contracts and external collaboration contracts. The Committee notes that according to the information received from the Office of the Ombudsman during the high-level mission, of the 770,000 employees in the wider public sector registered in a recent census, the vast majority were women. The high-level mission also noted that the Government has announced the dismissal of 30,000 public employees and that this measure was likely to have a high impact on female unemployment. Regarding Act No. 3986 of 1 July 2011 and Act No. 4024 of 27 October 2011 introducing and further defining the system of “labour reserve” as a form of retrenchment in the core and wider public sector, the Committee refers to its comments on Convention No. 100 and notes that this measure is also likely to have an impact on female unemployment, in particular public sector employees with family responsibilities. The Committee further notes that from the report of the high-level mission, that Act No. 4024 of 27 October 2011 introduced a new public service statute and a new job classification. Recalling that pursuant to Article 3(d) of the Convention the Government is required to implement equality of opportunity and treatment between men and women in respect of employment under the direction of a national authority, the Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to monitor closely the impact of the measures taken in the framework of the support mechanism on male and female employment in the public sector, so as to address any direct or indirect discrimination based on sex. To this end, the Committee also asks the Government to provide information, disaggregated by sex, on employment in the various occupations of the core and wider public sector, with an indication of the number of male and female workers that have been placed in the labour reserve, the number of dismissals, and the sectors most affected. The Committee also asks the Government to provide further details on the new public service statute.

Equality between men and women in the private sector. The Committee recalls that Act No. 3846 of 11 May 2010 on “financial management and responsibility” institutionalizes a range of flexible forms of employment while providing certain safeguards. The Committee refers to its comments on Convention No. 100 in which it already noted the exponential growth of part-time work and the significant increase in rotation work after Act No. 3846/2010, especially the dramatic increase of the number of full-time contracts of employment that have been unilaterally converted by the employer into rotation contracts. The number of cases of workers already in a job having their working arrangements changed had increased by 110 per cent. The Committee notes from information provided by the Office of the Ombudsman during the high-level mission that women, especially pregnant women and mothers, were very much affected by the recent legislative measures introduced in order to increase flexibility in the labour market, especially measures enabling employers to unilaterally convert full-time contracts into contracts for reduced-term rotation work. The law provided for consultations with the workers but this did not appear to have taken place in practice. The Committee also refers in this regard to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Office of the Ombudsman had also observed, since May 2008, a constant and dramatic increase of complaints concerning unfair dismissals due to pregnancy or maternity leave and sexual harassment. The Committee further notes from the report of the high-level mission and that on 9 November 2011 overall unemployment was at 16.7 per cent, with 20.3 per cent female unemployment and 42.9 per cent youth unemployment (Eurostat data). However, according to the information received from the Office of the Ombudsman during the high-level mission a large part of women had joined the ranks of the «discouraged» workers who are not accounted for in the statistics. Small and medium-sized enterprises (SMEs), which constituted an important source of female and youth employment, had been closing down on a massive scale. The Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to monitor the evolution and impact of the austerity measures on equality of opportunity and treatment in private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of work, and security of employment. To this end, the Committee asks the Government to provide information on the following:

(i) statistical data, disaggregated by sex, on the number of workers employed in full-time and part-time employment and on the number of workers who have had their working arrangements changed (into part-time work, rotation work, etc.). Please indicate in this regard the number of workers whose full-time contracts have been unilaterally converted by the employer into contracts for reduced-term rotation work;
(ii) statistical data, disaggregated by sex, showing an evolution of employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected.

Impact of the measures with respect to other grounds. The Committee recalls Act No. 3304/2005 on the “Implementation of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation”, protecting against discrimination on these grounds in employment and occupation. The Committee also previously noted the Integrated Action Plan for the social integration of vulnerable groups (Roma and Greek Muslims), and the Integrated Action Plan for the integration of third-country nationals legally residing in the Hellenic territory (2007–13). The Committee hopes, however, that the Government will make every effort to ensure that the action taken and progress achieved to promote equality of opportunity and treatment of certain religious or ethnic minorities such as Roma and Greek Muslims as well as migrant workers, will not be adversely affected, and asks the Government to monitor carefully the impact of the austerity measures on the employment situation of ethnic and religious minorities as well as migrant workers who are particularly vulnerable to the impact of the economic crisis, and to indicate the specific measures taken in this regard. Please also provide information on the specific measures taken or envisaged, including those in cooperation with the social partners and the Office of the Ombudsman, to address discrimination against certain minorities, including Roma and Greek Muslims, as well as migrant workers, on the grounds of the Convention.

Enforcement. The Committee recalls the need for effective enforcement of the legislation applying the Convention. The Committee notes from the information provided by the Government that with respect to gender equality, Act No. 3896/2010 replaces the previous legislation (Act No. 3488/2006 and Act No. 1414/1984) and establishes a new regulatory framework regarding equality of opportunity and treatment between men and women in employment and occupation. The Committee welcomes that the mandate of the Office of the Ombudsman (Gender Equality Department) to monitor and address gender discrimination in the public and private sector has been strengthened, including the collaboration with the labour inspectorate and social partners. The Office of the Ombudsman also has the mandate to continue its mediation efforts on complaints related to gender discrimination cases which are pending before the courts. The Committee notes, however, from the information received during the high-level mission that while the labour inspectorate is entrusted with the supervision of the legislation on equality between men and women (section 2(2)(g) of Act No. 3996) the disproportionate impact of the crisis on women is reportedly exacerbated by the inability of the labour inspectorate to effectively address equality cases; delays in the administration of justice also discourage workers from having recourse to the courts. With respect to Act No. 3304/2005, the Committee recalls that the Office of the Ombudsman examines complaints for alleged violations of the principle of equal treatment by public services, while the labour inspectorate monitors the implementation of the Act in the fields of occupation and employment, with respect to cases other than those falling within the competence of the Office of the Ombudsman. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81) noting that the labour inspectorate appears to be primarily focused on detecting undeclared work (social security contribution collection), while more priority should be given to non-discrimination. The Committee asks the Government to provide data on the progress made as well as the obstacles encountered in monitoring and enforcing effectively the application of the national non-discrimination and equality legislation. The Committee also asks the Government to provide information on the specific activities of the Office of the Ombudsman, including those in collaboration with the labour inspectorate and the social partners, to promote and ensure the application of the Convention. The Committee also asks the Government to provide detailed statistics on the nature and number of violations of the national non-discrimination and equality legislation detected by the labour inspectorate based on the grounds of the Convention, as well as complaints handled by the Office of the Ombudsman and the courts. Noting that the Office of the Ombudsman is to publish data on the impact of the crisis in its 2011 report to be issued in January 2012, the Committee asks the Government to provide a copy of the report which it hopes will contain full information on the impact on discrimination and equality in employment and occupation and on obstacles encountered in effectively enforcing the legislation and the principles of the Convention.

[The Government is asked to reply in detail to the present comments in 2012.]