Effect given to the recommendations of the committee and the Governing Body - Report No 348, November 2007

Case No 2502 (Greece) - Complaint date: 20-MAY-06 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 90. The Committee last examined this case at its March 2007 meeting and on that occasion reached the following recommendations [344th Report, paras 1000–1023]:
2. – In the light of the fact that the supplementary pension funds of bank employees have already been integrated by the Government into a single public fund by Act No. 3371/2005, the Committee requests the Government to convene the employers or employers’ organizations and the workers’ organizations concerned to full consultations as soon as possible, in order to ensure that the future of the supplementary pension funds of bank employees and of their assets is determined by mutual agreement of the parties to the collective agreements by which the supplementary pension funds were set up, and to which only they contributed, and to amend Act No. 3371/2005 to reflect the agreement of the parties. The Committee requests to be kept informed of developments in this respect.
3. – Observing that supplementary pension schemes can legitimately be considered as benefits that may be the subject of collective bargaining, the Committee requests the Government to take all necessary measures as soon as possible to amend section 2, paragraph 3, of Act No. 1876/1990 so as to ensure that supplementary pension schemes may be the subject of collective bargaining. The Committee requests to be kept informed of developments in this respect.
4. 91. In a communication dated 3 July 2007, the Greek Federation of Bank Employee Unions (OTOE) provides additional information according to which despite the strong and clear recommendation of the Committee, the Greek Government continues to violate the collective agreements of bank employees and refuses to convene the employers and OTOE to full consultations concerning the future of the supplementary pension funds of bank employees and their assets. The complainant attaches letters exchanged between the Secretary-General of Union Network International (UNI) and the Minister of Economy and Finance on this issue. In a letter dated 25 April 2005, the Secretary-General of UNI commends the commitment made by the Minister to start substantial dialogue on the implementation of the Committee’s recommendations at a meeting held together with the OTOE leadership on 25 April 2007. In a letter dated 12 June 2007, however, he expresses disappointment at the fact that no further meeting was held. In a letter dated 14 June 2007, the Minister informs the Secretary-General of UNI that all the undertakings of the Government shall be carried out to the full; however, it is the Government’s own prerogative to determine the time frame of the implementation of its policy and such implementation could not possibly be determined by external factors. In a letter dated 22 June 2007, the Secretary-General of UNI expresses disappointment at the delay in opening meaningful dialogue between the Government, OTOE and the banks, a delay which is escalating tensions between the parties involved and leads to conclude that the Government is only paying lip service to the ILO. Stressing that the ILO is not an “external factor”, he urges the Government to avoid any further delays. In a communication dated 10 October 2007, the complainant indicates that the dialogue procedure has not started yet. In a communication dated 30 October 2007, the complainant forwards additional information.
5. 92. In a communication dated 27 August 2007, the Government reaffirms that in Greece, collective bargaining and collective agreements constitute a basic pillar of the social state. The said agreements are concluded following expanded social dialogue with broad social and political consent. Therefore, the Government’s commitment to the institution of collective bargaining is indisputable.
6. 93. The Government further indicates that the political leadership of the Ministry, in consultation with representatives of OTOE and the banks concerned, decided to hold a series of meetings, with a view to discussing the conclusions and recommendations of the Committee. The first tripartite meeting between the representatives of the Government, the banks and the OTOE was held on 2 August 2007; during the meeting, issues related to the supplementary pension funds of bank employees as well as to Act No. 3371/2005 were discussed. The next tripartite meeting was to be held on 28 August 2007. However, on 16 August 2007, general elections were called, to be held on 16 September 2007; the next tripartite meeting would be arranged as soon as the new government assumed duties.
7. 94. The Committee takes note of the information provided by the Government, according to which pursuant to the conclusions and recommendations of the Committee, a first tripartite meeting between the representatives of the Government, the banks and the OTOE was held on 2 August 2007 in order to discuss issues related to the supplementary pension funds of bank employees as well as to Act No. 3371/2005. The next meeting was initially to be held on 28 August but as general elections were called for 16 September 2007, it had to be postponed. Emphasizing that it is important that during consultations the parties have sufficient time to express their views and discuss them in full with a view to reaching a suitable compromise, the Committee requests the Government to resume full and frank consultations with the OTOE and banks as soon as possible, in order to ensure that the future of the supplementary pension funds of bank employees and of their assets is determined by mutual agreement of the parties to the collective agreements by which the supplementary pension funds were set up, and to which only they contributed, and to amend Act No. 3371/2005 to reflect the agreement of the parties. The Committee requests to be kept informed in this respect.
8. 95. Noting that the Government has not provided any information in respect of the Committee’s recommendation to amend section 2, paragraph 3, of Act No. 1876/1990 so as to ensure that supplementary pension schemes may be the subject of collective bargaining, the Committee requests the Government to keep it informed of any steps taken in this regard and draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case. The Committee also requests the Government to send its reply to the additional information submitted by the OTOE in a communication dated 30 October 2007.