Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Greece (Ratification: 1962)

The Committee notes the Government's report and the provisions of Act No. 1876 of 7 March 1990 respecting free collective bargaining, which replaces Act No. 3239 of 1955 respecting collective bargaining and industrial disputes. It also notes the comments of the Panhellenic Federation of Caterers and Tourist Trade Workers, of 23 May 1990, of the International Union of Food and Allied Workers' Associations, of 27 June 1990, and of the General Confederation of Greek Workers, of 11 May and 26 September 1990.

The Committee notes that Act No. 1876 of 7 March 1990 is an improvement on the previous situation, since it permits bargaining at the level of enterprises, branches and professions and sets out the right and obligation to negotiate. Nevertheless, the Committee notes with regret that trade union organisations have indicated on two occasions, in May 1990 and September 1990, that the Government has acted arbitrarily to reduce wage increases provided for in the national labour convention, with the result that the workers have lost 13 per cent of their purchasing power. It also regrets that the Government has not supplied comments in this respect.

In these circumstances, the Committee recalls that the principle of the voluntary negotiation of agreements, and therefore of the autonomy of the social partners, is a fundamental aspect of freedom of association. With regard to wage negotiations, the Committee has always indicated that where, for compelling reasons of national, economic and social interest, a government considers that it would not be possible for wage rates to be fixed freely by means of collective negotiations, such a restriction should be imposed as an exceptional measure and only to the extent necessary, without exceeding a reasonable period, and it should be accompanied by adequate safeguards to protect workers' living standards.

The Committee regrets the successive interventions of the public authorities in wage negotiations and recalls that persuasion should be preferred to constraint. It requests the Government to indicate in its next report the measures that have been taken to re-establish the autonomy of the social partners in the negotiation procedures respecting wage increases.

The Committee is also addressing a request directly to the Government concerning the scope of Act No. 1876 of 7 March 1990.

[The Government is asked to report in detail for the period ending 30 June 1991.]