Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Autre commentaire sur C081

Observation

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The Committee notes the observations of the Union of Occupational Safety and Health Inspectors received on 9 December 2013 and of the Greek Association of Labour Inspectors (GALI) received 10 December 2013, and the reply of the Government to these observations in its report. The Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors received on 14 November 2014.

The Committee notes the information provided by the Government in response to the Committee’s previous request concerning the training activities provided to labour inspectors, including in the area of gender equality and the activities of labour inspectors relating to the protection of disabled workers (Articles 3(1)(a) and 7 of the Convention).

Technical assistance. Follow-up to the labour inspection needs assessment established by the ILO in 2012. The Committee previously noted with interest the establishment of a Special Action Plan (SPA) for the strengthening of the Greek Labour Inspectorate (SEPE) based on the recommendations made in the 2012 ILO labour inspection needs assessment. It also noted that the GALI expressed concern with regard to the discontinuation of the work of the five working groups to implement the 17 actions in the SPA. In this regard, the Committee notes the Government’s indications in its report that the working groups have completed their work in August 2013 as planned. The Government further emphasizes that all actions for the strengthening and restructuring of the SEPE were based on the activities of the working groups and that relevant actions were also incorporated in the labour inspection programme for 2014–20. The Government indicates that it intends to continue availing itself of technical assistance for the strengthening of the SEPE.

In this regard, the Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors, pointing to several areas of non compliance with the Convention and a lack of progress in implementing the recommendations made in the 2012 ILO needs assessment, including among other things: the development of a sound enforcement policy (Articles 3(1)(a), (b) and 17 of the Convention); the insufficient cooperation between the SEPE and other government authorities, such as the judicial authorities, social security authorities, police, etc. (Article 5(a)); the insufficiency of the training provided to labour inspectors (Article 7(3)); the lack of discretionary power of labour inspectors due to the obligation to impose predetermined fines without the possibility to take into account the specificities of the case (Article 17(2)); and the lack of legal protection of labour inspectors against threats and violence in the performance of their duties which have increased during the economic crisis (Article 18). Further allegations of the Union of Occupational Safety and Health Inspectors are treated in relation to the relevant Articles below. The Committee requests the Government to provide its comments in relation to the observations of the Union of Occupational Safety and Health Inspectors. Please also provide information on the content of the labour inspection programme for 2014–20 and the follow up given to the recommendations in the 2012 audit, including information on how the implementation of the objectives in this programme have contributed to the improved application of the Convention.

Articles 3, 4, 6, 10 and 16 of the Convention. Restructuring of the labour inspectorate. The Committee previously noted that the GALI and the Union of Occupational Safety and Health Inspectors expressed fears that some plans of the Government might lead to the downgrading of the labour inspectorate.

Concerning the organizational structure of the SEPE in the context of the broader restructuring of the public administration, the Government refers to Presidential Decree No. 113/2014 governing the Statute of the Ministry of Labour, Social Security and Welfare (MLSSW). The Government explains that, in accordance with this Decree, the SEPE continues to fall under the direct responsibility of the Minister of MLSSW and is headed by the Executive Secretary who was appointed in December 2013. In response to the concerns raised by the Union of Occupational Safety and Health Inspectors in this regard, the Government emphasizes that Act No. 4144/2013 only provides for the possibility to suspend and not to abolish labour inspection departments, and that provisions are being made for the transfer of competences to other organizational units to avoid problems in the provision of services. It further notes the Government’s indications in relation to the abovementioned observations of the Union of Occupational Safety and Health Inspectors that the decision to abolish nine posts in the labour inspectorate was taken in the framework of job reductions in the whole public sector. The Committee also notes the indications of the Government that 829 posts are foreseen in the revised organizational chart of the SEPE.

In this regard, the Committee also notes the observations made by the Union of Occupational Safety and Health Inspectors that: the abolition of seven local safety and health inspection services resulted in the reduction of the protection of workers in these regions and increased travel expenses; the organizational reorganization resulted in insufficient financial management, legal and technical support for the labour inspection services; and the number of labour inspectors and support staff of the SEPE is insufficient, and continues to decrease with currently about 700 employees working at the SEPE, and with labour inspectors spending a substantial amount of their working time on secretarial duties. The Committee requests the Government to provide its comments in relation to the observations of the Union of Occupational Safety and Health Inspectors. Please provide detailed information on the total number of labour inspectors and support staff and their distribution throughout the territorial structures of the labour inspectorate. The Committee also requests the Government to provide information on the total number of labour inspections undertaken by the labour relations directorates and the OSH directorates since 2011 (by specifying the number of inspections in the different regions of the country).

Article 3(1)(a), (b) and (2). Labour inspection activities in the area of undeclared work and illegal employment, including in relation to foreign workers. The Committee notes that the Government continues to provide detailed information in relation to the numerous activities undertaken by the SEPE to combat undeclared work and illegal employment. In this regard, the Committee also recalls the findings in the 2012 ILO labour inspection needs assessment, indicating that OSH inspections are used to combat illegal work, which may divert resources and have a negative impact on the protection of the safety and health of workers. In this context, it also notes that the Union of Occupational Safety and Health Inspectors indicates that the obligation of OSH inspectors to perform inspections with regard to undeclared work, including the control of foreign workers in an irregular situation does not come within their mandate, may affect the performance of their main tasks in view of the different nature of these tasks, and raises ethical and practical concerns as to the relations of labour inspectors with foreign workers in an irregular situation. Concerning inspections with regard to the legal situation of foreign workers, the Government reiterates that labour inspectors control the same legal provisions irrespective of the workers concerned. The Committee notes that the Government has not provided the requested information concerning the specific role of labour inspectors in granting foreign workers their due rights. The Committee requests the Government to provide information on the measures it is taking to ensure that the functions relating to the control of undeclared work do not negatively impact on the functions of labour inspections in relation to the control of the application of the legal provisions relating to the protection of workers, including their safety and health. In this regard, the Committee requests the Government to provide detailed information on the total number of labour inspections since 2011 (by specifying the number of OSH inspections and those relating to undeclared work). The Committee once again requests the Government to specify the role and activities of labour inspectors in relation to foreign workers, where they are found to be in an irregular situation (facilitating the filing of complaints and the institution of proceedings, informing foreign workers about their rights to claim their outstanding wages before the civil courts, notification to the immigration authorities, etc.). Please also provide information on the number of cases in which foreign workers in an irregular situation have been granted their due rights (number of cases in which foreign workers have been paid outstanding wages and benefits) or where their situation has been regularized.

Article 11. Material resources of the labour inspectorate. Reimbursement of expenses incurred by labour inspectors in the exercise of their duties. The Committee notes the Government’s indications that, from January to July 2014, the budget of the SEPE increased by €2.67 million due to the fact that 20 per cent of the fines imposed for administrative sanctions now constitute budget revenue of the SEPE. It notes with interest the Government’s indications that 60 additional vehicles have been made available to the labour inspection services.

While the Committee notes the indications of the Government that section 80 of Act No. 4144/2013 and a Joint Ministerial Decision published in 2014 now regulate the reimbursement of travel cost payment to labour inspectors. It also notes the observations made by the Union of Occupational Safety and Health Inspectors that the majority of travel expenses are not covered, as reimbursement is limited to five inspection visits per month and €20 per inspection visit, whereas the objective for every labour inspector is to undertake at least 24 inspection visits per month.

The Committee further notes the observations made by the Union of Occupational Safety and Health Inspectors that: between 2009 and 2014, there has been a reduction in the budget by €4.3 million (from €28 million to €23.7 million); the number of travel facilities is insufficient despite the purchase of 60 additional vehicles; and that labour inspectors are not provided with the personal protective equipment required for inspections in high-risk workplaces. The Committee requests the Government to provide its comments in relation to the observations of the Union of Occupational Safety and Health Inspectors. It requests the Government to take the necessary measures to ensure that labour inspectors are reimbursed all expenses incurred in the performance of their duties, and that they are provided with the required personal protective equipment to ensure their protection against risks to their safety and health during the performance of their duties. Please also provide information on the budget allocated to the labour inspection services, and describe the availability of transport facilities throughout the territorial structures of the labour inspection services.