Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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 observations of the Greek General Confederation of Labour (GSEE), received on 1 September 2021, the additional observations of the GSEE, and the observations of the Federation of Associations of the Ministry of Labour (OSYPE), received on 13 May 2022, as well as the Government’s reply.

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee takes note of the detailed information provided by the Government regarding the number and types of labour disputes handled by the Labour Inspection Body (SEPE) during the period 2014-2016, as well as the procedure of their settlement and the amount paid to workers. The Committee notes that under section 103 of the new Law No. 4808/2021, the new labour inspectorate exercises the powers previously exercised by the SEPE. In its observations, the GSEE indicates that following the adoption of Law No. 4808/2021, the conciliation processes previously exerted by the Ministry of Labour and Social Affairs (MLSA) and SEPE have been transferred to the Organization for Mediation and Arbitration (OMED). In its reply, the Government confirms that the conciliation procedure of collective disputes falls exclusively now within the remit of the OMED, emphasising that the conciliator’s role is assigned to an independent body other than the labour inspector. In this respect, the Committee notes that a new project entitled “Support to the Operational Modernization of the Labour Inspectorate and the Mediation and Arbitration Service in Greece” will be implemented in close cooperation with ILO and with funding from the European Union, with the aim to support the Greek authorities in the implementation of section 98 of Law No. 4808/2021, which extends the mandate of OMED in the areas of mediation, conciliation and arbitration. In this respect, the project aims at increasing the knowledge and capacities of the mediators and arbitrators of OMED, including newly recruited ones. At the same time, the Committee notes that under section 122 of the new Law, labour inspectors are entrusted with a series of labour dispute resolution tasks. The Committee requests the Government to provide information on the scope of inspection duties envisaged for the employees of the new labour inspectorate. It requests the Government to provide information on the number of labour inspectors entrusted with dispute resolution functions and those carrying out enforcement and advisory functions within the meaning of Article 3(1)(a) and (b) of the Convention.The Committee requests the Government to list any other duties entrusted to labour inspectors, especially in the context of the creation of the new labour inspectorate, and to indicate the proportion of time spent on any of these additional functions as compared to the time spent on primary duties, as defined under Article 3(1) of Convention No. 81.The Committee requests the Government to indicate the specific measures taken to ensure that any functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention.

Article 5(a) and (b). Cooperation between the inspection services and public institutions. Collaboration with representatives of employers and workers. In its report, the Government provides information on the cooperation of SEPE with a series of public bodies and its participation in joint inspection teams. The Committee takes note of the GSEE observations, according to which, the separation of the labour inspectorate from the MLSA pursuant to the new Law No. 4808/2021 results in a problem of coordination between the labour inspectorate and the departments of the MLSA, as well as a problem of coordination and overlapping of competences between the labour inspectorate and other authorities (such as the Greek Ombudsman and the National Transparency Authority). In this respect, the GSEE indicates that the critical joint audits by the labour inspectorate with the Single Social Security Agency (EFKA), as well as the Financial Police and the Financial and Economic Crime Unit are not ensured in the context of the new law. Regarding the collaboration of inspection services with representatives of employers and workers, the Committee notes that section 89 of Law No. 4808/2021 indicates that during inspections conducted by competent inspection bodies of the MLSA, workers representatives are entitled to be present. In their observations, the GSEE and the OSPYPE indicate that the separation of the labour inspectorate from the MLSA means that the labour inspectorate does not fall under the term 'competent audit body of the Ministry of Labour'. They allege that this entails the removal of the right of workers’ representatives to be present during the labour inspectorate’s controls. The Committee further notes that according to the GSEE and the OSYPE, the social supervision which was ensured under Law No. 3996/2011 is absent from the new organizational framework because (i) the Governing Board of the Independent Authority does not provide for institutional representation of workers and employers; and (ii) the Social Control Council of Labour Inspectorate (SKEEE), the central institutional body for social dialogue and control, ceases to exist. In its reply the Government refers to section 89 of Law No. 4808/2021 and indicates that this law does not abolish consultations with social partners. The Government notes that the SKEE still exists and that section 21 of Law No. 3996/2011, which regulates the functions of the SKEE, is still in force. The Government also indicates that sections 103, 106, 113 and 114 of Law No. 4808/2021 provide for the coordination between the labour inspectorate and the MLSA. The Committee notes that according to section 106, the MLSA may submit strategic proposals and provide strategic guidelines to the labour inspectorate with regard to strategic planning for the implementation of governmental policy on issues relating to the competencies of the labour inspectorate. Strategic guidelines and proposals may not be extended to organizational and operational issues of the labour inspectorate or to issues relating to its personnel. The Committee requests the Government to provide information on the practical application of the arrangements made to promote effective cooperation between the inspection services and the MLSA. Noting that section 89 of Law No. 4808/2021 refers to inspections conducted by competent inspection bodies of the MLSA, the Committee requests the Government to indicate if the participation of workers’ representatives also applies to inspections conducted by the new labour inspectorate. The Committee also requests the Government to continue to provide information on any measure adopted in order to ensure collaboration between the labour inspectorate and employers and workers or their organizations, in accordance with Article 5(b).

Article 7. Training of labour inspectors. The Committee recalls that the Union of Occupational Safety and Health Inspectors previously pointed to the insufficiency of the training provided to labour inspectors. The Committee notes the Government’s indication that special theoretical and practical training is provided to civil servants who work as labour inspectors and OSH inspectors in particular. The Committee notes the information regarding the training which is required for the certification of labour inspectors as well as the training and lifelong learning programs provided to inspectors. In this context, it notes a series of education and training programmes and seminars that took place during the period 2018-2021. The Committee notes that in its observations the GSEE calls on the importance of taking measures to foresee certification procedures for labour inspector duties, such as appropriate theoretical and practical training and certification of young inspectors by a recognized structure of SEPE. In their observations, the GSEE and the OSYPE indicate that the SKEEE, which inter alia provided opinions regarding training programs of the personnel of the labour inspectorate, will cease to exist. In its reply, the Government indicates that the SKEE, as a body of the MLSA regulated by Law No. 3996/2011, will continue to exist. In addition, the Committee notes that the technical assistance project “Support to the Operational Modernization of the Labour Inspectorate and the Mediation and Arbitration Service in Greece” envisages, inter alia the training of labour inspectors recruited in the new labour inspectorate to support them on undertaking their functions effectively. The Committee requests the Government to provide detailed information on the training provided to labour inspectors recruited under the new labour inspectorate, including in the framework of the technical assistance project referred to above, and to include information on the content, the frequency, and the attendance at each such training, so as to enable inspectors to perform their duties effectively and independently.

Articles 19, 20 and 21. Information system on the activities of labour inspection services. Publication and communication to the ILO of annual reports on the work of the labour inspection services. The Government indicates that the Integrated Information System of the Labour Inspectorate (OPS–SEPE) has been fully developed, so that all administrative supporting documents and announcements by employers to the OSH inspectorate are submitted on-line. Regarding the publication of the SEPE annual activity report, the Government indicates that following meetings of the Council for Social Control of Labour Inspection (SKEEE) in 2017 and 2018, the reports of 2014, 2015, 2016 and 2017 were approved and published. The Committee notes that the reports are available in the SEPE website and include a detailed presentation of the inspectorate’s activities as well as detailed statistical data. The Government’s report provides information on all information required by Article 21 of the Convention, except for the number of workplaces liable to inspection, and the number of occupational diseases and industrial accidents. With regard to the principle of reporting to the central authority, the Committee notes that under section 106 of the new Law No. 4808/2021, the labour inspectorate, which is now separated from the MLSA, periodically informs the MLSA with aggregated data which are required for the mission of the labour inspectorate and the exercise of its competencies. However, the Committee notes that the Government has not indicated how it ensures that labour inspectors or local inspection offices submit to the central inspection authority periodic reports on the results of their inspection activities, in the context of the new law. In their observations, the GSEE and the OSYPE allege that Law No. 4808/2021 undermines the responsibility of submission of periodic reports to the central inspection authority and the publication of an annual general report, given that the disruption of the link between the labour inspectorate and the central authority raises concerns as to the way general annual reports are prepared in relation to the activities of the labour inspectorate. In this respect, the GSEE reiterates that the new law abolishes the regular information and accountability framework of the central authority for the work of the Labour Inspectorate. The Committee requests the Government to provide its comments in this respectand to provide information regarding the preparation of the annual general reports by the new labour inspectorate. It also requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, including for the years from 2018 onwards, and to ensure that they contain all the information required by Article 21, including information on the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics of industrial accidents (Article 21(f)) and occupational diseases (Article 21(g)). It requests the Government to indicate whether the integrated information system on the collection of relevant inspection data will continue to apply following the commencement of the functioning of the new labour inspectorate. The Committee requests the Government to indicate how it is ensured, under the restructured system of labour inspection, that periodic reports of inspectors and the local inspection offices are submitted to the central inspection authority on the results of their inspection activities, and the frequency of such reports.