Collective Bargaining Convention, 1981 (No. 154) - Greece (RATIFICATION: 1996)

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE), received on 1 September 2017, 1 November 2018 and 30 August 2019, as well as the Government replies thereto.

Articles 1(3) and 5 of the Convention. Promotion of collective bargaining in the public service. In its previous comment, the Committee requested the Government to provide information on the steps taken to promote collective bargaining for all groups of workers including the public service, extended to all matters related to working conditions and terms of employment and to indicate any reviews undertaken on the impact of the unilateral changes brought about to employment conditions over recent years. With respect to the private sector, the Committee refers to its previous comments under the Right to Organize and Collective Bargaining Convention, 1949 (No. 98). Concerning pay-setting arrangements in the public sector, the Government indicates: (i) as of 1 January 2016, the provisions of law 4354/2015 apply. Accordingly, collective labour agreements mainly concern the granting of non-wage benefits; (ii) any collective agreement providing for granting of non-wage benefits by the general government bodies that imply expenditure exceeding €5,000 per year is co-signed by the Minister of Finance; (iii) a study on the number of workers concerned, the cost incurred and the way of covering it is attached to each collective agreement concerning the granting of non-wage benefits, as an annex and integral part thereof; and iv) according to the opinion no. 174/2017 of the Legal Council of the State, wage regulations included in a CBA between the administration of a state private law legal entity and its workers’ trade union shall not apply if they deviate from the provisions of the Law 4354/2015. The Government indicates that no legislative changes were made concerning collective bargaining in public sector during the period between 1 June 2014 and 31 May 2021. Concerning the practice of collective bargaining in the public sector the Government indicates: (i) during the reference period collective bargaining in the public sector only concerned the employees of entities of first and second level local self-government organizations. Two CBAs were concluded in 2017 and 2018 pursuant to which an additional annual leave and reduced working hours were granted to the staff of first level organizations and one CBA was concluded in 2018 (and amended in 2019) which for the first time regulated the employment terms and conditions of the staff of the regions. The issue of trade union leave was also codified in the framework of two CBAs concluded in 2017 and 2018; (ii) trade unions representing the private law personnel of first and second level local self-government organizations concluded three CBAs with the administration in 2018. The Committee recalls that while the special characteristics of the public service may justify a certain degree of flexibility in the modalities of collective bargaining, the broad material scope of the Convention that covers terms and conditions of employment, also applies to public employees and their organizations who should therefore be, in particular able to negotiate their wages collectively. The Committee firmly hopes that the Government will continue its efforts to promote collective bargaining for all groups of workers, including the public service, and to progressively extend the matters covered by collective bargaining. It requests the Government to provide information on all the measures taken in this respect.

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The Committee notes the response of the Government to the observations of the World Federation of Trade Unions (WFTU). The Committee further takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014. It further notes the Government’s reply to the 2013 observations from the IOE and the Hellenic Federation of Enterprises and Industries (SEV). The Committee also notes the observations provided by the SEV in a communication received on 25 September 2014, which are being addressed in its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 5 of the Convention. The Committee recalls that in its previous comments, the Committee requested the Government to provide detailed information on the steps taken to review with the social partners the various measures that had been taken to unilaterally bring about changes to the terms and conditions of employment of public sector workers with a view to limiting their impact and providing adequate safeguards for the protection of workers’ living standards.

The Committee notes the information provided by the Government according to which the new grading system for the public service and the labour reserve are not included in the list of issues that may be the subject of collective agreements under the current legislative framework. The Government adds that the competent Department of the Ministry of Administrative Reform and E-Governance takes into account requests, observations and proposals of the bodies concerned.

The Committee requests the Government to continue to provide information on the steps taken to promote collective bargaining for all groups of workers, including the public service, progressively extended to all matters related to working conditions and terms of employment and to indicate any reviews undertaken with the social partners on the impact of the unilateral changes brought about to employment conditions over recent years.

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The Committee takes note of the Government’s report, as well as the comments made by the Greek General Confederation of Labour (GSEE) in a communication dated 16 July 2012. The Committee requests the Government to provide its observations on the latest comments from the GSEE.

Article 5 of the Convention. The Committee recalls that in its previous observations it had noted the GSEE comments in respect of the austerity measures which it considers violate the aim of the Convention to ensure the promotion of collective bargaining progressively extended to all workers, including those in the public service. The GSEE had referred to: the imposition of a temporary freeze in career advancement premiums; the imposition of a “labour reserve” concealing collective dismissals of thousands of workers in the public and broader public sector without any negotiation; and the imposition of unilateral wage and salary reductions through the establishment of a special solidarity contribution. The Committee now observes that the GSEE refers to further measures taken in the public service, including: further wage cuts and wage ceilings and an intervention in the voluntary nature of collective bargaining in the railways and urban transport sector.

In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the protection of the standards of living of the workers most affected by these interventions. It hoped that the Government and the social partners concerned would be in a position in the near future to fully discuss the time limitations of the measures imposed and to consider any further measures that may need to be taken in relation to the wages of public servants or the imposition of labour reserves in a manner so as to privilege as far as possible the determination of such matters through collective bargaining.

The Committee observes the Government’s statement that the content of collective bargaining in the public service is defined by section 3 of Act No. 2738/99 and does not include salaries and the question of a labour reserve. The new grading system in the public service corresponds with the following concrete principles: (a) the principle of fiscal adjustment, the observance of which has become a matter of crucial importance for the economic and political survival of the country in an international environment; (b) the principle of smooth functioning of the administration which is directly associated with the hierarchical classification of the levels of responsibility in the exercise of competences as well as with its performance measurement system; (c) the principle of equality and meritocracy as well as party neutrality, safeguarded through the connection between, on the one hand, the hierarchy according to the employee’s grade and wage promotion and, on the other, the employee’s typical and essential skills and performance which is assessed on equal terms for every individual, taking into account the graded individual level of responsibility as well as the specific working conditions under which the employees exercise their duties with the aim to achieving the smooth functioning of the service or the body to which they belong; and (d) the principle of ensuring the highest possible standard of employees' performance with a view to serving the public interest. More specifically, the provisions introduce an assessment system based mainly on the objective performance measurement. Furthermore, as regards the allegations of ipso jure dismissal, pre-retirement suspension of work and the labour reserve, the Government maintains that these constitute special provisions established under specific fiscal conditions under which the country observes its commitments to lender-partners to reduce public expenditure. According to the Government, the major benefit of these provisions is the fact that immediate organizational, operational and fiscal results are being guaranteed with the aim of achieving the strategic goal of reducing the state, as well as, public expenditure without causing upheaval in the lives of the personnel working in the public administration and the broader public sector.

The Committee notes the conclusions and recommendations by the Committee on Freedom of Association in relation to these same matters. It is equally aware of the grave and exceptional context in which the Government was required to act to observe commitments made to its lender-partners within the framework of the international loan mechanism. Nevertheless, in the spirit of the Convention, the Committee is firmly convinced that the promotion of collective bargaining is a key element in ensuring constructive processes to maximize the impact of crisis responses to the needs of the real economy; even in respect of clauses with economic impact in the framework of sound negotiations which take into account the gravity of the situation. The Committee further considers that engaging in intensive social dialogue is critical to determining in an inclusive manner the measures necessary to limit the impact of these provisions and to provide for adequate safeguards for the protection of workers’ living standards. The Committee refers in particular to its chapter on collective bargaining in times of crisis in its General Survey on Conventions Nos 151 and 154 in this regard in both the public and the private sectors. In this regard, the Committee stresses the relevance of an extraordinary mechanism for enabling social partners to reach conclusions on steps to be taken in times of crisis.

The Committee requests the Government to provide detailed information in its next report on the measures taken to review the abovementioned provisions with the social partners with a view to limiting their impact and providing adequate safeguards for the protection of workers’ living standards.

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The Committee takes note of the comments made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in communications dated 29 July 2010 and 28 July 2011, as well as the Government’s reply to the GSEE’s first communication, dated 16 May 2011.

The Committee takes note of the discussion that took place at the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It notes that the Conference Committee welcomed the Government’s indication that it was working on arrangements with the ILO for the visit of a high-level mission (HLM) proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE in its comments concerning the application of 12 Conventions ratified by Greece. The Conference Committee also considered that contact with the International Monetary Fund (IMF) and the European Union would assist the mission in its understanding of the situation (Provisional Record No. 18, Part II, pages 68–72). The Committee takes note of the report of the HLM which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission (EC) and the IMF in Brussels and Washington, DC, in October 2011.

The Committee observes that the majority of the issues raised in the HLM report concern Convention No. 98, and would refer to its comments under that Convention for its general considerations and a more detailed analysis of the situation.

Article 5 of the Convention. Promotion of collective bargaining. The Committee observes that the GSEE refers in its comments to the following steps taken in response to the call for austerity measures which it considers to violate the aim of the Convention to ensure the promotion of collective bargaining progressively extended to all workers, including those in the public service: the imposition of a temporary freeze in career advancement premiums; the imposition of a “labour reserve” concealing collective dismissals of thousands of workers in the public and broader public sector without any negotiation; the imposition of unilateral wage and salary reductions through the establishment of a special solidarity contribution of 2 per cent on regular pay to combat unemployment.

While bearing in mind the very particular circumstances of the recent interventions, the Committee recalls that the authorities should give preference as far as possible to collective bargaining in determining the conditions of employment of public servants and, where circumstances rule this out, measures of this kind should be limited in time and protect the standard of living of the workers who are the most affected (see 1994 General Survey on freedom of association and collective bargaining, paragraph 264). The Committee requests the Government to reply to the latest comments from the GSEE and to indicate the measures taken to ensure the protection of the standards of living of the workers most affected by these interventions. It further firmly hopes that the Government and the social partners concerned will be in a position in the near future to fully discuss the time limitations of the measures imposed and to consider any further measures that may need to be taken in relation to the wages of public servants or the imposition of labour reserves in a manner so as to privilege as far as possible the determination of such matters through collective bargaining.

[The Government is asked to reply in detail to the present comments in 2012.]

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The Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), with regard to the observations communicated by the Greek General Confederation of Labour (GSEE) with the support of the International Trade Union Confederation (ITUC) and the European Trade Union Confederation (ETUC) on the impact of the measures introduced in the framework of the mechanism to support the Greek economy, on the application of the Convention.

The Committee will examine these comments, along with the Government’s observations thereto, as well as its report, at its next session. In the meantime, the Committee requests the Government to monitor the impact of these measures on the full exercise of the rights under the Convention and to provide information in this respect with its next report.

[The Government is asked to reply in detail to the present comments in 2011.]

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The Committee takes note of the Government’s report. It also notes the comments dated 12 January 2004 communicated by the Panhellenic Federation of University Graduate Engineer Civil Servant Unions (POEMDYDAS) and the Government’s observations thereon.

The Committee notes that according to POEMDYDAS, the Government has not implemented a special collective agreement concluded on 29 November 2002 between the Government and the trade union in question. The Committee takes note of the information communicated by the Government according to which the collective agreement in question has been implemented through various pieces of legislation including Presidential Decree 191/2003 "Statute of the Ministry of Culture" (O.G. 146A), Presidential Decree 265/2003 "Amendment of the Presidential Decree 110/2001 - Statute of the Ministry of the Aegean" (O.G.237A), Ministerial Decision DIDAD/F66/77/OIK7922/22-4-2003 and section 5 of Act No. 3200/2003. These provisions concern, according to the Government, the appointment of engineers holding university degrees as heads of directorates, sections and offices in organizational units dealing with technical issues, the regulation of the way in which a special performance allowance is to be paid to engineers and the right of public sector engineers accused of offences committed when on duty to be provided with legal defence by a representative of the Legal Council of the State (except where the complaint is lodged by the public service). The Committee takes note of this information.

The Committee also notes from the Government’s report that since the year 2000 when Act No. 2738/99 was adopted allowing public employees to benefit from the right to collective bargaining, four collective contracts and four collective agreements were adopted in the public sector for the year 2000, four collective contracts and 15 collective agreements for the year 2001 and nine collective contracts and 14 collective agreements for the year 2002.

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The Committee notes the Government's report.

Article 2 of the Convention. The Committee had noted that Act No. 1876 respecting free collective bargaining provides that employers can only conclude collective agreements when they employ at least 50 workers. The Committee notes the Government's indication in its report that workers employed in enterprises with fewer than 50 workers benefit from the protection of sectoral agreements or agreements covering the same occupational category, which may not contain less favourable conditions than those set out in general national collective agreements.

Article 5(2)(e). The Committee had requested the Government to take measures to amend section 16(d) of Act No. 1876 to ensure that both parties, and not one party alone, may have recourse by mutual agreement to compulsory arbitration in cases where the dispute relates to an enterprise agreement or a collective agreement applicable to public sector utilities, corporations or authorities, and one of the parties rejects the proposals of the mediator. The Committee notes the Government's statement in its report that the Directorate concerned in the Ministry is examining the question of whether the above section is contrary to the provisions of the Convention. The Committee recalls that, in general, recourse to compulsory arbitration should be possible only in the context of essential services in the strict sense of the term or in relation to public servants engaged in the administration of the State. It once again requests the Government to take measures to bring its legislation into conformity with the provisions of the Convention and to keep it informed in this respect.

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The Committee notes the Government's report.

Article 1 of the Convention. The Committee notes with satisfaction the adoption of Act No. 2738/99, pursuant to which employees in the public service can benefit from the right to collective bargaining. The Committee requests the Government to inform it in future reports of the manner in which this Act is applied.

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The Committee notes the Government's first report.

Article 1 of the Convention. The Committee notes that workers employed in the public administration do not enjoy the right to collective bargaining and that their conditions of employment are fixed exclusively by the State. The Committee notes the Government's information according to which the Ministry of the Interior, Public Administration and Decentralization has drawn up a Bill concerning collective bargaining in the public administration which will be submitted very shortly to Parliament. The Committee expresses the hope that the Bill will be adopted soon, so that employees in the public administration will have the right to collective bargaining. The Committee asks the Government to inform it in its next report of any developments in this respect.

Article 2. The Committee observes that Act No. 1876 of 1990 concerning free collective bargaining stipulates in section 6(b) that an employer who employs at least 50 workers can conclude collective agreements. The Committee requests the Government to indicate to what extent an enterprise which employs fewer than 50 workers can conclude collective agreements with trade union organizations and enjoy the protection afforded by such agreements.

Article 5, paragraph (2)(e). The Committee observes that under the terms of section 16(d) of Act No. 1876 of 1990, which refers to the possibility of settling disputes through arbitration, if the dispute relates to an enterprise agreement or collective agreement applicable to public sector utilities, corporations or authorities and one of the parties rejects the mediator's proposals, the other party may apply for arbitration. In this respect, the Committee considers that in general, arbitration imposed at the request of only one of the parties to a dispute is contrary to the principle of voluntary negotiation of collective agreements established under the Convention and, consequently, contrary to the autonomy of bargaining partners (see 1994 General Survey on freedom of association and collective bargaining, paragraph 257). Under these circumstances, the Committee requests the Government to take steps to amend section 16(d) to ensure that recourse to compulsory arbitration requires the consent of both parties, where the dispute relates to an enterprise agreement or collective agreement applicable to public sector utilities, corporations or authorities and one of the parties rejects the proposals of the mediator. In general, recourse to compulsory arbitration should be possible only in the context of essential services in the strict sense of the term or in relation to public servants engaged in the administration of the State.