Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Grèce (Ratification: 1962)

Autre commentaire sur C098

Observation

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The Committee notes the observations by the International Trade Union Confederation (ITUC) received on 1 September 2014 and the Government’s reply to the ITUC’s 2013 observations. The Committee further takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014, and the Government’s reply to the 2013 observations from the IOE and the Hellenic Federation of Enterprises and Industries (SEV). Finally, the Committee notes the observations of the SEV received on 25 September 2014.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

In its previous comments, the Committee noted a number of workshops and seminars that had been held relating to the promotion of sound industrial relations and social dialogue in times of crisis and that a cooperation agreement, including social dialogue as one of the thematic areas, was being negotiated between the ILO and the Government. The Committee notes with interest the signing of the cooperation agreement with the ILO and the ongoing work carried out in relation to this Convention within that framework.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes with interest that the Greek General Confederation of Labour (GSEE), the General Confederation of Professionals, Craftsmen and Merchants (GSEVEE), the National Confederation of Greek Commerce (ESEE) and the Association of Greek Tourism Enterprises (SETE) have signed another National General Labour Collective Agreement for the year 2014. The Committee further notes the Government’s indication relating to the involvement of the social partners in the development and elaboration of a number of policies, including the National Action Plan on Youth Guarantee, and in the development of an integrated system for the identification of labour market needs. The Government also refers to the establishment in April 2014 of the Government Employment Council charged with promoting new initiatives aimed at fostering employment, which is also to engage with the social partners, including through their participation in a permanent mechanism for consultation, planning and evaluation of employment policies and programmes.

Enterprise-level collective agreements and association of persons. The Committee recalls its previous comments concerning Act No. 3845/2010 which provided that: “Professional and enterprise collective agreements’ clauses can (from now on) deviate from the relevant clauses of sectoral and general national agreements, as well as sectoral collective agreements’ clauses can deviate from the relevant clauses of national general collective agreements. All relevant details for the application of this provision can be defined by Ministerial Decision.” As regards the matter of the association of persons, the Committee had noted that Act No. 4024/2011 provided that, where there is no trade union in the company, an association of persons is competent to conclude a firm-level collective agreement. The Committee had previously expressed concern that, given the prevalence of small enterprises in the Greek labour market, the facilitation of association of persons, combined with the abolition of the favourability principle set out first in Act No. 3845/2010 and given concrete application in Act No. 4024/2011, would have a severely detrimental impact upon the foundation of collective bargaining in the country.

The Committee now observes from the latest statistics provided by the Government that, in 2013, 409 enterprise collective agreements had been signed, 218 of which by associations of persons and 191 by trade unions. Up to 30 June 2014, 188 enterprise-level collective agreements were signed, 96 of which were signed between employers and associations of persons, and 92 with trade unions. In addition, 86 sectoral agreements, two national occupational and three local occupational agreements have been submitted to the competent department of the Ministry of Labour, Social Security and Welfare, yet no arbitration award has been submitted.

The Committee also notes the ITUC’s observation on this point that, in 2013, 313 enterprise-level agreements were signed, 178 of which were signed with associations of persons (156 providing for wage cuts), and only 135 by trade unions (42 providing for wage cuts).

Recalling the importance of promoting collective bargaining with workers’ organizations and thus improving collective bargaining coverage, the Committee once again requests the Government to indicate the steps taken to promote collective bargaining with trade unions at all levels, including by considering, in consultation with the social partners, the possibility of trade union sections being formed in small enterprises.

The Committee notes the observations of the SEV that the Council of State rendered a decision finding that the provision in Act No. 4046 of 14 February 2012, which provided for the suppression of unilateral recourse to compulsory arbitration, was unconstitutional. The SEV criticizes this judgment as contrary to the Convention and moreover expresses its deep concern that renewed unilateral recourse to compulsory arbitration will suffocate collective bargaining, as it has always done in Greece. The Committee notes that the Government merely refers to the Council of State decision in its report but does not reply to the concerns raised by the SEV.

The Committee recalls its earlier consideration of the arbitration regime prior to the suppression of unilateral recourse in which it found it not to be contrary to the Convention in so far as it addressed only the basic wage at national or sectoral/occupational level in a context where machinery for minimum wage fixing was yet to be developed. The Committee must nevertheless emphasize that, as a general rule, legislative provisions which permit either party unilaterally to request compulsory arbitration for the settlement of a dispute does not promote voluntary collective bargaining and is thus contrary to the Convention. The Committee therefore trusts that the measures taken by the Government to respond to the Council of State decision will fully take into account the above considerations and requests it to provide detailed information in this regard and to reply fully to the concerns raised by the SEV.

Articles 1 and 3. Protection against anti-union dismissal. In its previous comments, the Committee had requested the Government to provide its observations on the comments made by the GSEE relating to the vulnerability of workers to anti-union dismissal within the framework of the introduction of flexible forms of work. The Committee notes the indication in the Government’s report to the effect that no legislative change has been made that would diminish the protection level of trade union officials. The Committee recalls, however, that the comments made by the GSEE referred more broadly to the impact that the current context in the country and measures facilitating flexible forms of work might have in weakening the practical application of legal protections. The Committee therefore once again requests the Government to provide information and statistics relating to complaints of anti-union discrimination and any remedial action taken with its next report.