Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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 of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 October 2019.

Legislative developments. The Committee notes with interest the adoption of Law No. 4604/2019 on Substantive Gender Equality, Preventing and Combating Gender-Based Violence of 12 June 2019 which encourages public and private enterprises to draft and implement “Equality Plans” with specific strategies and targets to prevent all forms of discrimination against women, and provides that the General Secretariat for Family Policy and Gender Equality –GSFPGE (previously the General Secretariat for Gender Equality, GSGE) can award “Equality Labels” to public and private enterprises as a reward for achievements in the promotion of equality, including through balanced participation of women and men in managerial positions or in professional and scientific groups, equality in professional development, and by the implementation of equality plans or other innovative measures to promote substantive gender equality (section 21). The Committee further notes that the law provides for the establishment of municipal and regional committees for gender equality to promote women’s rights at local level (sections 6 and 7). It also provides for a National Council for Gender Equality (ESIF) under the auspices of the GSFPGE for the purposes of consulting relevant stakeholders in order to submit proposals to the GSFPGE for the adoption of policies and other action promoting gender equality, and for the purpose of assessing and evaluating existing policies on gender equality (section 9). The Committee notes the scope of the Act which applies to persons who are employed or are candidates for employment in both the public and private sectors, irrespective of the form of employment and nature of services provided, as well as to freelance professional persons and persons in vocational training or candidates for vocational training (section 17). The Committee asks the Government to provide information on the application of the Law No. 4604/2019 in practice, and more particularly of its sections 6, 7, 9, 17 and 21, indicating: (i) the number and activities of municipal and regional committees for gender equality; (ii) the activities of the National Council for Gender Equality; and (iii) the number of equality plans developed and implemented by employers, both in the public and in the private sectors and the number of equality labels awarded. The Committee asks the Government to provide detailed information on the relevant activities and measures implemented within this framework as well as on their impact.

In addition, the Committee notes with interest the adoption of the Equal Treatment Law No. 4443/2016, transposing Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of race or ethnic origin, and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which replaces Law No. 3304/2005 and expands the list of prohibited grounds of discrimination with the addition of the following new grounds: chronic illness, ancestry, family or social status, and gender identity or characteristics (sections 2(2) and 3). The Committee, however, notes that section 4(1) of the Law No. 4443/2016 provides that “a difference of treatment which is based on a characteristic related to any of the grounds of discrimination shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes an essential and decisive occupational requirement, provided that the objective is legitimate and the requirement is proportionate”. The Committee asks the Government to provide information on the application of section 4(1) of Law No. 4443/2016 in practice, giving examples of cases in which such provision has been used. It further asks the Government to provide a copy of any relevant court decisions, and particularly on any interpretation made of the terms “essential and decisive occupational requirement”, “legitimate objective” and “proportionate requirement”.

Article 1(1)(b) of the Convention. Additional grounds. Disability. Recalling that the national legislation prohibits discrimination on the ground of disability in employment and occupation, the Committee notes that Act No. 4488/2017 of 13 September 2017 on improving the protection of employees and on the rights of persons with disabilities provides that any natural person or public organization in the wider public or private sector, is required to facilitate the equal exercise of the rights of persons with disabilities in their respective fields of competence or activity by taking all appropriate measures and refraining from any action which may discriminate against disabled persons. The Committee notes, from the statistical information provided by the Government, that seven cases of discrimination on the ground of disability or chronic disease were reported by the labour inspectorate, which imposed fines upon the company concerned in three of those cases. It notes that in its 2018 report the Ombudsperson further indicates that 14 per cent of cases received concerned discrimination on grounds of disability or chronic disease. The GSEE indicates that specific steps should be taken to raise awareness of the fact that the treatment of an employee with a disability may conceal discrimination. The Committee notes that in its 2019 concluding observations, the United Nations (UN) Committee on the Rights of Persons with Disabilities expressed concern at the high level of unemployment among persons with disabilities and the insufficient efforts to ensure their inclusion in the open labour market, particularly with regard to women with disabilities (CRPD/C/GRC/CO/1, 29 October 2019, paragraph 38(a)). The Committee asks the Government to adopt proactive measures in order to promote equal opportunity and treatment for persons with disabilities in education, vocational training and employment, including by enhancing their access to a wider range of jobs in the open labour market. It asks the Government to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Age. The Committee recalls that Greek national legislation prohibits direct and indirect discrimination in employment and occupation on the ground of age (section 2(2)(a) of Law No. 4443/2016). Referring to its 2019 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee welcomes the removal, as of February 2019, of the lower minimum wage rate which was set since 2012 for young employees under the age of 25. The Committee notes, however, that the European Commission recently observed that, while the national legislation allows for exceptions based on age for specific reasons, there is relevant case law, particularly on the introduction of age limits, that has found that such exceptions constitute discrimination based on age (European Commission, European network of legal experts in gender equality and non-discrimination, Country Report, Greece, 2018, p. 49). The Committee notes with concern that, in its 2018 special report on equal treatment, the Ombudsperson indicates that discrimination on the ground of age is constantly the subject of investigations by his Office and refers to several cases of maximum and/or minimum age limits unjustifiably imposed in the case of job vacancies, both in the public and private sectors. Noting the Government’s statement in its report that complaints concerning age limits in job vacancies are frequently made, the Committee recalls that under the Convention age is considered a physical condition in respect of which special measures of protection and assistance may be necessary, as provided for in Article 5(2) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 813). Noting that job vacancies frequently impose restrictions based on age, the Committee asks the Government to take steps to prevent and address cases of direct or indirect discrimination based on age in employment and occupation, including through the development of public information campaigns and awareness-raising activities among workers, employers and their respective organizations. It asks the Government to provide information on the number of cases concerning discrimination on the ground of age in employment and occupation that have been dealt with by the labour inspectorate, the Ombudsperson and the courts, as well as the sanctions imposed and remedies granted. It further asks the Government to provide detailed information on the specific cases in which it was considered that age limits set in job vacancies were covered by the exceptions provided for in the national legislation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments on occupational gender segregation in the labour market, the Committee notes from the Labour Force Survey (LFS) of the Hellenic Statistical Authority (ELSTAT) that in 2018, the employment rate for women slightly increased from 46.8 per cent in 2016 to 49.1 per cent, but remained 21 percentage points below that of men (70.1 per cent in 2018), being still one of the lowest employment rates for women among the European Union member states (EU average is 66.5 per cent), as highlighted by the GSEE. It notes that in 2018, the unemployment rate for women was still substantially higher than that for men (24.2 per cent and 15.4 per cent, respectively). The Committee further notes that women are still mainly concentrated in traditionally female-dominated sectors, such as education (74.4 per cent of women) and health and social services (71.6 per cent of women), as well as in low-paid jobs, representing 61.2 per cent of clerical support workers but only 26.8 per cent of senior officials and managers and 9.1 per cent of board members of the largest publicly listed companies in the European Union (Labour Force Survey of ELSTAT, and European Commission, 2019 Report on equality between men and women in the EU, paragraph 27). It further notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time (the fact that women do most of the household chores, the care of family members and other unpaid work, which means they have less time to devote on paid employment) is one of the highest in the European Union which is reflected in the labour market by the fact that more than twice as many women as men are in part-time employment (13.2 per cent and 6 per cent, respectively in 2018). The Committee takes note of the adoption of the Nation Action Plan for Gender Equality (NAPGE) for 2016–2020 and more particularly of the Government’s acknowledgement that: (i) women are still under-represented in specific sectors of the economy; (ii) employed women have low-paid and precarious jobs, with little room for promotion and are unable to develop professionally and educationally; and (iii) women still undertake the bulk of domestic work and spend periods away from the labour market more frequently than men. It notes that, as a result, the NAPGE sets specific actions aimed at, inter alia: (i) the enhancement of women’s employment and in particular women’s entrepreneurship; (ii) the promotion of gender equality in education and vocational training; (iii) ensuring the participation of women in decision-making centres; and (iv) the reconciliation of work and family responsibilities. While welcoming the adoption of the NAPGE, the Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and in Practice highlighted the need for women’s equal access to the labour market and improved conditions at work, and expressed specific concern at the absence of women in leadership roles (OHCHR, Press statement of 12 April 2019). The Committee further notes that in its 2018 report, the Ombudsperson indicated that the number of complaints on gender-based discrimination, especially at the workplace, increased, representing 57 per cent of the total number of the complaints received in 2018, and referred to several cases of discriminatory job vacancies seeking only men or women candidates. In light of persistent gender segregation in the labour market, the Committee asks the Government to take steps, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the rights guaranteed by the Convention. It asks the Government to provide information on the proactive measures implemented, including within the framework of the National Action Plan for Gender Equality for 2016–20, to improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s economic empowerment and access to the labour market, including to decision-making positions.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. Referring to its previous comments on the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–2020, the Committee notes the Government’s indication that 12 strategies were implemented at regional level for the social integration of Roma people. The Government adds that, between 2013 and 2015, 883 Roma people benefited from local employment projects and 2,232 benefited from the services of the 27 support centres for Roma people and vulnerable groups. The Committee takes note of the adoption, in May 2016, of a project aimed at developing the National Centre for Social Solidarity, as a national platform for consultation and dialogue for the formulation and implementation of policies for the integration of Roma people. The Committee, however, notes that several UN bodies have expressed concern about the persistent stereotypes and discrimination affecting Roma people in access to employment and education, despite the efforts made by the Government, and have expressly recommended that the Government fully implement the National Strategy for the Integration of the Roma for 2012–2020 (OHCHR, Press statement of 12 April 2019; A/HRC/33/7, 8 July 2016, paragraph 135 and A/HRC/WG.6/25/GRC/2, 7 March 2016, paragraphs 16 and 76). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and addressed and to provide information on the impact of plans and programmes implemented to enhance equal access of Roma people to education, training and employment, including within the framework of the Strategy for the Integration of Roma up to 2020 or otherwise. It asks the Government to provide information on the activities undertaken to that end in collaboration with the National Centre for Social Solidarity, as well as statistical data disaggregated by sex, on the labour market situation of Roma people.

Migrant workers. Taking into consideration the high number of migrants and refugees received by the country since 2015, the Committee notes that according to ELSTAT, for the first quarter of 2019, the unemployment rate of migrant workers was almost twice as high as that of national workers (32.3 per cent and 18.3 per cent, respectively). The Committee notes with deep concern that in its 2018 annual report published in April 2019, the Racist Violence Recording Network – RVRN (which is a network of non-governmental organizations at the initiative of the Greek National Commission for Human Rights and the United Nations High Commissioner for Refugees) refers to incidents perpetrated by employers against migrants and refugees, with victims suffering extreme labour exploitation and physical violence when they ask for their pay. It further notes that several UN treaty bodies have expressed concern about reported cases of migrants working in slavery-like conditions in the agricultural sector and that the Human Rights Council has recommended, in the context of the Universal Periodic Review (UPR), that the Government supervise the working conditions of migrant workers effectively (A/HRC/33/7, paragraph 135 and A/HRC/WG.6/25/GRC/2, paragraph 35). The Committee notes in that regard that, in March 2017, as highlighted by the GSEE, the European Court of Human Rights (ECtHR) handed down a decision where it considered that Bangladeshi workers were victims of trafficking for the purposes of labour exploitation in the agricultural sector (ECtHR Application No. 21884/15, Chowdury and others v. Greece, 30 March 2017). The Committee further notes that in its 2018 report, the Ombudsperson refers to a complaint made by 164 migrant workers, requesting that the labour inspectorate conduct field inspections to identify violations of labour laws in the agricultural sector in the region. The Committee notes that the Ombudsperson requested the Government to take appropriate measures to prevent trafficking for labour exploitation. In its report, the Ombudsperson highlights the unsatisfactory results of his numerous interventions since 2008 regarding the administration’s inadequate inspection of migrant agricultural workers’ working conditions in the region. The Committee notes that the Ombudsperson also mentions several cases of discrimination on the ground of national origin as a result of job vacancies expressly requesting Greek citizens or, in other cases, non-citizens. The Committee wishes to point out that under the Convention all migrant workers including those in irregular situation must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see 2012 General Survey, paragraph 778). The Committee urges the Government to take all necessary steps without delay to address effectively any cases of discrimination against men and women migrant workers in terms and conditions of employment, in particular as regards labour exploitation in the agricultural sector. It asks the Government to provide information on the concrete steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour or national extraction, as well as on their impact. The Committee asks the Government to provide information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Ombudsperson or by the courts, the sanctions imposed and remedies granted, as well as statistical data, disaggregated by sex, race, and national extraction, on the participation of migrant workers in the labour market.

General Observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its General Observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the General Observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.