Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations provided by the Greek General Confederation of Labour (GSEE) received on 30 August 2019, and the Government’s reply thereto, as well as its reply to the GSEE observations of 31 August 2018. The Committee further notes the detailed observations provided by the GSEE and those received from the Hellenic Federation of Enterprises (SEV), both received on 31 August 2021.

The Committee notes that the Government’s report received just prior to its meeting in November, does not respond directly to the concerns raised respectively by the GSEE and by the SEV but indicates that it will do so in due course. The Committee therefore requests the Government to reply in detail to these observations and in particular to the points raised below.

Article 2 of the Convention. Right of workers to form and join organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government that Law 4635/2019 establishes the Register of Trade union Organizations and Employers' Organizations in the ERGANI information system of the Ministry of Labour and Social Affairs in accordance with the General Data Protection Regulation. The Committee also notes the GSEE and the SEV information that the legal framework for industrial relations in Greece was further modified in June 2021 by Law 4808/2021. Among other things, Law 4808 sets out the specifics for the registration of trade unions in section 83 making registration a precondition for the ability to negotiate and for trade union protection. The Committee notes that the SEV considers this provision to be an important step in modernizing the trade union movement, ensuring transparency and real representativeness of trade unions. The GSEE on the other hand considers that this legislation introduces additional anti-union measures on top of those already imposed under the Memoranda of the International Monetary Fund (IMF), the European Commission (EC) and the European Central Bank (ECB), imposing compulsory trade union registration as a precondition for the exercise of trade union rights (including trade union leave, protection against dismissal, collective bargaining and the exercise of the right to strike). The Committee trusts that the establishment of the electronic registry does not interfere with the rights of workers’ and employers’ organizations to form and join the organization of their own choosing and requests the Government to provide detailed information on the practical application of this new process, including the number of organizations registered following its introduction and, if applicable, the reasons for refusal to register any organizations.

Digital platform workers. While duly noting the GSEE concern that the legislation tends toward a presumption of non-dependent employment relationship for digital platform workers, the Committee notes with interest that, as regards freedom of association, the Law provides trade union rights also for those with independent contractor status, including the right to organize, to bargain collectively and to strike.

Article 3. Right of all workers’ and employers’ organizations to organize their administration and activities. The Committee notes that SEV welcomes the introduction in Law 4808/2021 of the provisions for remote participation and voting in a general assembly of members, which it considers to be a step towards modernizing the trade union framework. The GSEE, however, raises concern that the mandatory use of new digital technologies for trade unions has not legislated procedural guarantees for the access for all organizations to an adequate uniform digital voting system that ensures the individuality and secrecy of the ballot. The Committee requests the Government to provide information on the implementation of these provisions and any impact that they may have on the right of all workers’ and employers’ organizations to organize their administration and activities free from interference.