Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greece (Ratification: 1984)

Other comments on C111

Observation

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The Committee notes the Government’s reports received on 23 February and 31 August 2012.

The Committee recalls the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the reform of the collective bargaining legal framework in the context of the economic crisis and the impact of austerity measures. It recalls the report of the high-level mission of the ILO which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the International Monetary Fund in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. Further to its observations on the Equal Remuneration Convention, 1951 (No. 100), the Committee recalls the observations made by the Greek General Confederation of Labour (GSEE) dated 29 July 2010 and 28 July 2011 that: (i) the measures implemented under structural reforms prior to and within the framework of the support mechanism have a direct impact on the application of the Convention; (ii) the reforms are likely to lead to an increase in multiple discrimination on the grounds of gender, ethnic or racial origin, age, family responsibilities or disability; and (iii) the minimum protection level, including wages of some workers such as working women, workers with family responsibilities, workers in flexible forms of employment, and workers not protected by labour law, including domestic workers and workers in agricultural undertakings, is being significantly weakened. The Committee also recalls that Act No. 3846/2010 on financial management and responsibility, as amended by Act No. 3899/2010, institutionalizes a range of flexible forms of employment. Noting the significant increase in flexible forms of employment, the Office of the Ombudsperson, in its Annual Report 2011, states that it confirms the assumption that, due to or under the pretext of the crisis, many enterprises replaced stable work with precarious work; the percentage of women who took such flexible work as newly recruited or already in employment increased, thereby making gender-based discrimination observed by the Office of the Ombudsperson more visible.

Articles 2 and 3 of the Convention. Equality between men and women in the public sector. In its previous comments, the Committee noted that the system of “labour reserve” as a form of retrenchment in the public sector overall, pursuant to Act No. 3986/2011 and Act No. 4024/2011, was likely to have an impact on female unemployment, in particular public sector employees with family responsibilities. The Committee also notes that, while the Government indicates that the percentage of women in posts of responsibility increased since 1996 and reached about 50 per cent in 2009, no updated information has been provided in this regard. The Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsperson, to monitor closely the impact of the measures taken in the framework of the support mechanism on the employment of men and women in the public sector, so as to address any direct or indirect discrimination based on sex. To this end, the Committee also asks the Government to provide information, disaggregated by sex, on employment in the various occupations of the public sector overall, with an indication of the number of male and female workers who have been placed in the labour reserve, the number of dismissals and the sectors most affected.

Equality between men and women in the private sector. The Committee notes the Government’s indication that the sectors most affected by the economic crisis are the construction and manufacturing sectors, in which men are highly concentrated (in 2011, 95.9 per cent of workers in the construction sector and 75.6 per cent of workers in the manufacturing sector were men). The total number of workers fell by 36.8 per cent in the construction sector and by 22.8 per cent in the manufacturing sector. The Committee also notes the Government’s indication that the rate of part-time employment increased from 5.6 per cent in 2008 to 6.8 per cent in 2011 (30.65 per cent of the new contracts concluded in 2011 were part-time contracts), and that part-time employment is more widespread among women. The rate of women in part-time employment was 10.2 per cent in 2011, which was higher than the rate of men in part-time employment (4.5 per cent in 2011). It also notes the Government’s indication that 84,419 work rotation contracts and 300,230 part-time contracts were signed in 2011. There were 32,420 cases of conversions from full-time to part-time contracts, and 26,542 cases of conversions (among which 7,414 cases of unilateral conversions by employers) from full-time to work rotation contracts in 2011. According to the Annual Report 2011 of the Office of the Ombudsperson, part-time work had increased by 73.25 per cent, work rotation contracts introduced in agreement with the parties had increased by 193.06 per cent, while work rotation introduced unilaterally by the employer had increased by 631.89 per cent compared to the year 2010. Approximately 300 complaints were lodged with the Office of the Ombudsperson concerning discrimination against female workers in the private sector, and the Office of the Ombudsperson observes that women were exposed to indecent conditions of work, especially during pregnancy and after childbirth. In 2011, discrimination related to pregnancy and childcare leave was recorded as the most prominent form of discrimination (about 42.46 per cent and 21.79 per cent, respectively, of total complaints concerning discrimination). The Committee further notes that the strategic objectives of the National Programme for Substantive Gender Equality 2010–13 include the support of women’s employment and economic autonomy. The Government indicates that, under the operational programme “Human Resources Development” 2007–13, a project aims at the promotion of employment for unemployed women with an emphasis on the reduction of occupational segregation, targeting 7,000 unemployed women. In July 2012, overall unemployment was 25.1 per cent, with 29.0 per cent female unemployment (Eurostat data). However, the Committee recalls the information received from the Office of the Ombudsperson during the high-level mission that a large number of women had joined the ranks of the “discouraged” workers who are not accounted for in the statistics. The Committee asks the Government to take the necessary measures, in cooperation with the social partners and the Office of the Ombudsperson, to monitor the evolution and impact of the austerity measures on equality of opportunity and treatment in private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of work, and security of employment. To this end, the Committee asks the Government to continue to provide information on the following:

(i) statistical data, disaggregated by sex, on the number of workers employed in full-time and part-time employment and on the number of workers who have had their working arrangements changed (into part-time work, rotation work, etc.). Please indicate in this regard the number of workers whose full-time contracts have been unilaterally converted by the employer into contracts for reduced-term rotation work; and
(ii) statistical data, disaggregated by sex, showing an evolution of employment in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected.

Impact of the measures with respect to other grounds of discrimination. The Committee recalls Act No. 3304/2005 on the “Implementation of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation”, protecting against discrimination on these grounds in employment and occupation. The Committee also recalls the Integrated Action Plan for the social integration of vulnerable groups (Roma and Greek Muslims), and the Integrated Action Plan for the integration of third-country nationals legally residing in the Hellenic territory (2007–13). The Committee notes the Government’s indication that the objectives of the National Strategy on Roma Integration 2012–20 include developing a supportive network of social intervention in areas including employment and education, and developing social dialogue and consensus through social empowerment and participation of the Roma themselves. According to the Government, the objectives specify that (i) the number of Roma children who register at schools and attend compulsory education should be increased by 2020; and (ii) undeclared work should be reduced, accessibility to the labour market increased and entrepreneurship especially for young Roma strengthened by 2020. In addition, a few actions have been planned under the operational programme “Human Resources Development” targeting the Roma. The Government further indicates that the Ministry of the Interior has prepared a draft national programme for the social integration of the Roma. The Committee also notes the Government’s indication that the programmes under “Complete integration of all human resources in a society of equal opportunities” aim at creating jobs for almost 20,000 unemployed persons who belong to vulnerable social groups, including immigrants, repatriates, refugees and individuals with religious and cultural particularities. The Government indicates that in 2010 Greek language learning programmes in certified vocational training centres were implemented, targeting the unemployed, including immigrants and refugees. The Committee further notes that the Annual Report of the Office of the Ombudsperson 2010 points out that the issue of “irregular immigrants” and asylum seekers dominated with increasing intensity; vulnerable groups, such as immigrants or Roma, are affected both directly (by decreasing possibilities or opportunities for survival) and indirectly, as the rest of the population feels insecure and is looking for scapegoats, and as the administration rearranges its priorities according to purely logistical considerations. The Office of the Ombudsperson proposed that immediate steps be taken for recognition of special residence status of the “undocumented” immigrants, as well as for registration and secured employment. The Committee asks the Government to indicate the impact of the austerity measures on the employment situation of ethnic and religious minorities such as Roma and Greek Muslims as well as migrant workers who are particularly vulnerable to the impact of the economic crisis, and to indicate the specific measures taken and the progress achieved in this respect. Please also provide information on the impact of the programmes under “Complete integration of all human resources in a society of equal opportunities” on ensuring equal opportunity and treatment in employment and occupation, and any other specific measures taken or envisaged, including those in cooperation with the social partners and the Office of the Ombudsperson, to address discrimination against certain minorities, including Roma and Greek Muslims, as well as migrant workers, on the grounds of the Convention.

Enforcement. The Committee recalls that Act No. 3896/2010 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation: (i) defines direct and indirect discrimination, and sexual harassment at the workplace; and (ii) mandates the Office of the Ombudsperson to monitor and promote the implementation of the principle of equal opportunities and treatment between men and women in employment and occupation in the public and private sectors, including with the collaboration of the labour inspectorate and the social partners. The Committee notes the statistical data in 2010 provided by the Government on violations of Act No. 3488/2006 and Act No. 1483/1984, including the number of complaints and labour disputes, as well as the outcome of the cases. There were two complaints and two labour disputes for discrimination on the ground of sex, and six complaints and six labour disputes concerning sexual harassment. In this connection, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), concerning the priority to be given to non-discrimination in the context of the labour inspection. The disproportionate impact of the crisis on women is reportedly exacerbated by the inability of the labour inspectorate to effectively address equality cases; delays in the administration of justice also discourage workers from having recourse to the courts. The Committee notes the Government’s indication that, in the context of “awareness and training schemes for the entire public administration and local government in gender equality issues”, the Government provides training concerning gender equality issues targeting 453 labour inspectors in the country. The Committee asks the Government to continue to provide information on the progress made as well as the obstacles encountered in monitoring and enforcing effectively the application of the non-discrimination and equality legislation. The Committee also asks the Government to provide information on the impact of the activities of the Office of the Ombudsperson, including those in collaboration with the labour inspectorate and the social partners, in promoting and ensuring the application of the Convention. The Committee also asks the Government to provide detailed statistics on the nature and number of violations of the non-discrimination and equality legislation detected by the labour inspectorate based on the grounds of the Convention, as well as complaints handled by the Office of the Ombudsperson and the courts. Please continue to provide information on the training provided for law enforcement officials and the labour inspectorate, and its impact on monitoring and enforcing effectively the principle of the Convention.