Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee takes note of the Government's report and the written information submitted to the Conference Committee in June 1989.

The Committee recalls that its comments addressed the following points:

- procedures for the collection of trade union dues, selected from those provided for by Act No. 1264 of 1982 (section 6, subsections 2 and 3), i.e., a general collective agreement, an arbitration award or a provisional presidential decree;

- the need to draft and adopt legislation on the freedom of association and the protection of the right to organise of seafarers, who are excluded from the scope of Act No. 1264 of 1982 respecting freedom of association;

- the need to amend section 4 of Act No. 1365 of 22 June 1983 which contains excessive restrictions on the right to strike in state enterprises.

1. The Committee notes with satisfaction that section 4 of Act No. 1365, which provided that a strike would not be called in a state enterprise unless voted for by an absolute majority of the registered members of base-level trade union organisations, has been repealed by Act No. 1766 of 1989 (Official Gazette No. 61, Part a, of 4 April 1989); accordingly, the right to strike in state enterprises is governed by the general provisions of Act No. 1264 of 1982.

2. Collection of trade union dues. The Committee recalls that it has been addressing this question in its comments for several years. It was in 1985 that the Government requested the most representative organisations to make proposals on draft regulations for the collection of trade union dues, in accordance with Act No. 1264 of 1982.

In its last observation, the Committee noted that a draft presidential decree was to be adopted on the basis of the proposals made.

The Committee notes from the information supplied by the Government in its last report and to the Conference Committee in 1989, that the draft Presidential Decree could not be adopted owing to the latest proposals of the General Confederation of Labour of Greece (CGTG) calling for a provisional presidential decree to set a compulsory fixed amount of dues, which would deprive the parties concerned of the right to fix such an amount freely (as, for example, by collective bargaining).

In view of this fact, the Government requested the most representative trade union organisations to submit new proposals for another draft decree. The Government is still awaiting the proposals of the CGTG which has just elected a new administration and to which it addressed its request on 27 April 1989. As soon as it receives the proposals, the Government undertakes to adopt a presidential decree in order to settle this question conclusively.

While noting this information, the Committee again recalls that the Convention is not opposed to the existence of union security clauses that are freely negotiated between the workers and the employers. However, when the union security system ceases to be based on clauses freely agreed upon between workers' unions and employers but is imposed by the law itself, the right of workers to establish organisations of their own choosing is jeopardised, particularly where the law designates a specific trade union as benefiting from the system, or where the law establishes the system of compulsory trade union contributions in circumstances such that the same aim is achieved.

The Committee trusts that the question of the collection of trade union dues will be settled on the basis of clauses freely negotiated between workers' and employers' organisations. It requests the Government to keep it informed of developments in this respect.

3. Seafarers. The Committee notes that the comments of the Greek Shipowners' Union (EEE) and the Panhellenic Maritime Federation (PNO) on the Bill respecting the democratisation of the seafarers' trade union movement have at last been received and are now being examined.

The Committee recalls that the problem of freedom of association for seafarers, who are excluded from Act No. 1264 of 1982 respecting freedom of association, has been the subject of its comments for several years. It again expresses the hope that legislation that is consistent with the Convention will be adopted in the near future to ensure that seafarers enjoy the rights laid down in the Convention.