Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Greece (Ratification: 1962)

The Committee notes the information supplied by the Government in its report.

It recalls that its previous comments related to the following points:

-- the determination of the minimum service to be provided in the event of a strike in the public services;

-- the risk of financial interference by the State in trade union affairs; and

-- the question of the freedom of association of seafarers.

The Committee takes due note of the amendments made by Act No. 2224 of 1994. Section 2 of the Act empowers the social partners to negotiate an agreement on the designation of security staff and the staff required to cope with the essential needs of the life of the community in the event of a strike as of 1 October 1994. If an agreement is not concluded, the matter is referred to mediation and, in the event of the failure of mediation, each of the parties may bring the matter before a tripartite body presided over by a judge. Section 3 provides for the holding of a public debate between employers and workers in the event of strikes in the public services. The Government states that the new Act is intended to permit the social partners to participate in the designation of the necessary personnel and in the supervision of matters relating to the security staff to be maintained through the conclusion of collective agreements.

The Committee also notes that Acts Nos. 2091 of 1992 and 2224 of 1994 amend Act No. 1915 of 1990 which, according to the General Confederation of Greek Workers, under the pretext of the financial independence of trade union organizations, had deprived second- and third-level organizations of the financial contributions of workers. The new Act permits the allocation of workers' contributions to the above organizations, to the National Confederation of Persons with Specific Needs, and to first-level organizations representing over 500 workers, and also allows subsidies to be given to certain organizations of retired persons.

The Committee recalls the importance that it attaches to legal provisions governing the finances of trade union organizations not being of such a nature that they afford the public authorities a discretionary power over the finances of trade unions.

Finally, the Committee strongly regrets that the Government confines itself to stating that the trade union status of seafarers has to be the subject of a broad consensus between the parties concerned, without providing other information. The Committee recalls that it has noted with concern for very many years that seafarers are excluded from Acts Nos. 1264 of 1982 and 1915 of 1990 respecting trade unions. It urges the Government to adopt legislation that is in conformity with the Convention in order to recognize for these workers the rights that are guaranteed in the Convention. The Committee requests the Government to indicate in its next report any positive development that has occurred in this respect.

[The Government is asked to supply full particulars to the Conference at its 82nd Session.]