Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Grèce (Ratification: 1955)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the Government’s report, received by the Office on 27 November 2013, as well as the observations made by the Union of Occupational Safety and Health Inspectors received on 8 February 2013 and 18 October 2013 and the observations made by the Greek Association of Labour Inspectors (GALI) received on 22 October 2013, which were forwarded to the Government on 22 November 2013.

Articles 1, 3, 4, 5, 6, 7, 10 and 11 of the Convention. Reinforcement and restructuring of the labour inspection system with ILO technical assistance. In its previous comments, the Committee emphasized the crucial role of labour inspection in times of crisis in ensuring that workers’ rights are respected, so that the crisis does not serve as a pretext for lowering labour standards, and it noted with interest that the Government had availed itself of ILO technical assistance. In this context, the Committee notes with interest the Government’s indications that a Special Action Plan (SPA) for the strengthening of the Greek Labour Inspectorate (SEPE) has been established based on the recommendations made in the ILO audit submitted to the Ministry of Labour, Social Security and Welfare (MLSSW) in December 2012 (the 2012 needs assessment), which correspond to a large extent to the Committee’s previous comments on the application of the Convention. The Committee also notes the Government’s reference to the establishment of five working groups in the SEPE for the implementation of the 17 actions in the SPA (including the organization and functions of the SEPE, the development of a human resources policy for labour inspectors, the management of data through information systems and records, etc.), as well as to certain activities for their implementation in 2013.

However, the Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors and the GALI in October 2013 that the activities of these working groups have been discontinued since July 2013. The Union of Occupational Safety and Health Inspectors therefore expresses doubts as to the Government’s intention to follow the general recommendations of the 2012 audit and indicates that the content of ministerial decisions and internal instructions for the staff of the MLSSW tend to show instead the Government’s intention to downgrade the labour inspectorate. In this regard, the Committee also notes the GALI’s reference to the alleged Government plans to abolish the independent Executive Secretariat of the MLSSW as the central authority of the SEPE and to replace the labour inspection system with an inferior body (such as a general directorate) under the MLSSW, which the trade union fears would deprive the labour inspection system of its autonomy and independence. The GALI indicates that these assumptions are also confirmed by the fact that the position of special secretary of the SEPE has not been filled for several months. The Committee further notes the Union of Occupational Safety and Health Inspectors’ reference, in its observations in February 2013, to several options for the restructuring of the SEPE, two of which suggested a reduction in the total number of occupational safety and health (OSH) inspectorates throughout the regional structures of the SEPE by 39 per cent. The Committee also notes, with reference to its observation made under the Labour Administration Convention, 1978 (No. 150), that a letter of intent was signed by the MLSSW, the ILO and the European Commission (EC) Task Force for Greece through which an invitation was extended to the ILO to provide technical assistance, including in the area of labour inspection. The Committee requests the Government to make any comments it deems appropriate on the observations of the Union of Occupational Safety and Health Inspectors and the GALI and to keep the ILO informed of the measures taken on the basis of the recommendations of the ILO audit and the 17 actions in the SPA (improvement of the human resources and material means of the SEPE, capacity building and improved conditions of service of labour inspectors, improved cooperation throughout the structures of the SEPE, collaboration with the social partners, etc.) and their impact on the labour inspection system. Please also provide information on any formal steps taken by the Government to avail itself of renewed ILO technical assistance for this purpose.

In this context, the Committee also asks the Government to provide information on any measures taken or envisaged for the restructuring of the SEPE, to communicate an updated organizational chart of the SEPE to the ILO, and to indicate whether a new special secretary of the SEPE has been appointed.

Articles 3(1)(a) and (b), 5(a), 17 and 18. 1. Increased activity of the labour inspectorate in the area of undeclared work and illegal employment, including the enforcement of increased sanctions. The Committee notes the Government’s indications that in recent years significant activities have been undertaken by the SEPE to combat undeclared work and illegal employment. In this regard, the Committee notes the statistical information provided by the Government and its reference to: (i) the restructuring of the SEPE; (ii) the establishment of the Financial and Economic Crime Unit (FECU) for the control of serious cases of undeclared work; (iii) the establishment of joint inspections teams of the SEPE, the Social Insurance Institute (IKA), the newly created FECU and the police; (iv) the imposition of more severe sanctions; (v) the creation of joint electronic platforms to facilitate data exchange between SEPE offices, the Manpower Employment Organization (OAED) and the IKA; (vi) intensified inspections and improved inspection methods, including cooperation and the exchange of data, know-how, methods and inspection tools between these bodies; and (vii) the carrying out of targeted inspections in sectors with high rates of undeclared employment.

In this context, the Committee also notes the information provided by the Government on the creation of the “ERGANI” Information System at the MLSSW, which requires employers registered with the IKA to submit the required information online (forms E3–E10) to the SEPE and the OAED, which according to the Government allows for the electronic recording of salaried employment movement and contributes to the fight against undeclared work and contribution evasion. The Committee further notes the Government’s indications that Ministerial Decision No. 27397/122 of August 2013 on combating undeclared work introduces severe administrative sanctions for undeclared work that can be imposed on the spot by labour inspectors. In case of recurrence, a temporary or permanent closure of the business may be imposed. The Committee notes the observations made by the GALI and the Union of Occupational Safety and Health Inspectors that Ministerial Decision No. 27397/122 obliges labour inspectors to impose sanctions in certain cases and denies them the discretionary power called for by Article 17(2) of the Convention. In this respect, the GALI also refers to a progressive transformation of the inspection system into a “police of the labour market, limited to tax collection and suppression”.

The Committee notes that the Government reiterates that the primary objective of labour inspectors is to protect labour rights, including those of foreign workers, and adds that section 86 of Act No. 4052/2012 enables foreign workers to have recourse to the competent courts and authorities to claim any rights resulting from their past employment relationship including outstanding wages. However, the Committee notes that the Government does not specify the role of labour inspectors in this regard or provide information on cases in which foreign workers have been granted their due rights following the above procedures as the Committee requested it to do.

The Committee also notes from the 2012 needs assessment that, as a result of the crisis, there is a clear imbalance between inspections in the area of OSH and of general working conditions. Moreover, OSH inspections, in addition to inspection of general working conditions, are used to combat illegal work, which may have a negative impact on the safety and health of workers. The Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors in this regard.

Referring to paragraph 78 of its 2006 General Survey on labour inspection, the Committee reminds the Government that efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. It also underlines that, in accordance with Article 3(2) of the Convention, any further duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers should be assigned to labour inspectors only in so far as they do not interfere with their primary functions or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In these circumstances, as recalled in the General Survey, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. The Committee requests the Government to continue to provide information in its next report on the number of activities carried out by the SEPE in the area of undeclared work in relation to the number of activities in other areas, in particular in the area of OSH. It asks the Government to provide information on the impact of these activities, not only on reducing undeclared work, but also on regularizing the situation of the workers concerned.

The Committee requests the Government to continue to provide information on the activities carried out by the SEPE in the area of the control of the legality of employment of foreign workers and to furnish data on the impact of these activities on the payment of outstanding wages and benefits due to foreign workers who are in an undocumented situation, including where they are liable to expulsion or after they have been expelled.

The Committee once again requests the Government to specify the role of labour inspectors in recommending or facilitating the filing of complaints and the institution of proceedings vis-à-vis employers so as to extend further the protection of the statutory rights of workers in an undocumented situation and to ensure that foreign workers have effective access to the justice system, and to provide statistical information on relevant cases and examples of decisions rendered in this regard.

2. Measures to ensure the payment of wages and benefits. The Committee recalls its previous comments on the introduction of certain measures by Acts Nos 3996/2011 and 3863/2010 to guarantee the payment of wages and social security contributions. It notes the Government’s indications that: (i) the labour stamp was fully implemented as of 2012; (ii) the scope of the workers covered has been further extended in 2013; and (iii) promotional measures for its use have been taken (publication of circulars, guidelines and other documents by the IKA, etc.). While noting this information, the Committee observes that the focus of the measures taken appears to be on the payment of social security contributions rather than the payment of wages in full. It observes moreover from the annual labour inspection report for 2012 that 84 per cent of complaints from workers brought to the SEPE related to the non-payment of wages. The Committee asks the Government to provide information on the steps taken to evaluate the extent of the problem of the payment of wages and the measures taken to address it comprehensively. In this regard, the Committee asks the Government to provide information on the results of the labour stamp following its full implementation in 2012 on the payment of wages.

Noting that the Government has not provided the requested information on the electronic payment of wages, the Committee also once again asks the Government to provide information on the progress made with the implementation of the electronic system for the payment of wages (including the issuance of a ministerial decision for the entry into force of the relevant provisions of Act No. 3863/2010), in relation to the payment of outstanding wages and the regularization of the situation of undeclared workers.

3. Conciliation functions entrusted to labour inspectors. The Committee notes the information provided in the Government’s report that in 2012 labour inspectors dealt with 21,520 labour disputes, 10,125 of which were resolved resulting in the payment of €20,259,925 to workers. The Committee notes that the Government reiterates that, through this function, the payment of accrued wages and the protection of labour rights are ensured. Referring once again to paragraphs 72–74 of its 2006 General Survey on labour inspection, as well as to the recommendations made in the 2012 audit, the Committee asks the Government whether it is considering, in view of the potentially large proportion of work dedicated by labour inspectors to this function, the separation of the functions of conciliation from those of inspection. In the meantime, it once again asks the Government to indicate the number of labour inspectors who carry out the enforcement and advisory functions provided for under Article 3(1)(a) and (b) of the Convention, and those who carry out conciliation functions.

4. Implementation of the principle of equality of opportunity and treatment for men and women at work. Activities on matters relating to disabled workers. Following up on its previous comments on the need to improve the practical aspects of the institutionalized cooperation between the SEPE and the Ombudsman established by Act No. 3488/2006, the Committee notes with interest that during 2012 a specialized training programme was designed, in cooperation with the General Secretariat for Gender Equality and the Ombudsman, with the aim of training all industrial relations inspectors on issues concerning gender equality that will be implemented by the Training Institute of Public Servants from December 2013 to June 2014. The Committee asks the Government to provide detailed information on the above training (subjects covered, number of participants, frequency, etc.) as well as on its impact on the level of compliance with legal provisions in the area of non-discrimination. Please also provide information on the impact of this training on the cooperation with the Ombudsman and continue to indicate other measures taken or envisaged by the SEPE in order to strengthen this cooperation (the issuance of circulars delineating roles and responsibilities and enhancing cooperation, etc.). The Committee once again requests the Government to indicate any steps taken to strengthen protection against sexual harassment.

In addition, noting that the Government has not provided a reply in this regard, the Committee once again asks the Government to provide further information on the activities of the SEPE on matters relating to workers with disabilities, including cooperation with experts and training, and to indicate their impact on ensuring equality of opportunity and treatment for this category of workers.