Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee takes note of the information supplied by the Government in its report. It also notes the comments made by the Greek General Confederation of Labour (GGCL) relating to allegations of serious infringements of the right to strike mainly through court decisions, as well as the observations sent by the Government in this regard.

Article 2 of the Convention. Concerning the freedom of association of seafarers, the Committee had requested the Government to send it the legal provision which had partially suppressed the exclusion of seafarers from the application of Act No. 1264 of 1982 as well as any legislation enacted or contemplated with a view to giving these workers all the rights guaranteed by the Convention.

The Committee notes that the Government indicates in its report that article 1(2)(b) of Act No. 1264 of 1982 provides that seafarers are covered by a special legal regime which, combined with the guarantees of articles 12 and 13 of the Greek Constitution, extends to seafarers the principles of freedom of association contained in the Convention. It acknowledges, however, that despite two attempts, it was unsuccessful in repealing the exclusion of the right to organize of seafarers from Act No. 1264 of 1982 because of the social partners. The Committee recalls once again that it has noted with concern for many years that seafarers' organizations are excluded from Act 1264 of 1982 which concerns trade unions. It urges the Government to recognize for these workers the rights that are guaranteed in the Convention.

Article 3. (Right to strike). The Committee takes note of the Government's reply to the comments made by the GGCL. In particular, the Committee notes that the Government indicates that the limitations provided for in Act 1264/82 on the right of workers employed in public or utility undertakings to go on strike do not violate the Constitution nor international conventions. The Government points out that these limitations are also provided for in the majority of foreign laws and are accepted by foreign jurisprudence and practice. Furthermore, the Government indicates that article 31 of the European Social Charter provides that, by way of exception, limitations can be imposed on the rights established by the Charter (including the right to strike), provided that these limitations are necessary in a democratic society for the safeguarding of the respect for the rights and freedoms of other individuals or for the protection of public order, national security, public health or the virtuous morals.