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

Other comments on C111

Observation

Direct Request

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Hellenic Federation of Enterprises (SEV) and the International Organisation of Employers (IOE) received on 1 October 2020, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 August 2019.

Articles 1, 2 and 3 of the Convention. Legislative developments. In its last observation, the Committee noted with interest the adoption of Law No. 4604/2019 on Substantive Gender Equality, Preventing and Combating Gender-Based Violence of 12 June 2019, which encourages public and private enterprises to draft and implement equality plans and provides that the General Secretariat for Family Policy and Gender Equality (GSFPGE) can award equality labels to public and private enterprises as a reward for achievements in the promotion of equality. It asked the Government to provide information on the application of this Law in practice, and particularly on sections 6, 7, 9, 17 and 21. In its supplementary information, the Government indicates that, in application of sections 6, 7 and 9 of Law No. 4604/2019 and its implementing circular: (1) two regional committees and 98 municipal committees for gender equality have been established to promote women’s rights at the local level; and (2) the appointment process of members of the National Council for Gender Equality (ESIF) has started. The Government adds that the adoption of equality plans by ministries is not yet compulsory, but that a programme is in place to ensure that the necessary expertise can be gradually acquired. The Committee notes the scope of the Act, which applies to persons who are employed or applicants for employment in both the public and private sectors, irrespective of the form of employment and nature of the services provided, as well as freelance professional persons and persons in vocational training or candidates for vocational training (section 17). The Committee asks the Government to continue providing information on the steps taken for the application in practice of Law No. 4604/2019, and particularly on: (i) the establishment, functioning, activities and impact of municipal and regional committees for gender equality and the National Council for Gender Equality; and (ii) the elaboration and implementation of equality plans by employers in both the public and private sectors, and the number of equality labels awarded by sector.

The Committee also noted with interest the adoption of Equal Treatment Law No. 4443/2016, transposing Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of race or ethnic origin, and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which replaces Law No. 3304/2005 and expands the list of prohibited grounds of discrimination with the addition of the following new grounds: chronic illness, ascendance, family or social status, and gender identity or characteristics (sections 2(2) and 3). However, the Committee also noted that section 4(1) of Law No. 4443/2016 provides that “a difference of treatment which is based on a characteristic related to any of the grounds of discrimination shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes an essential and decisive occupational requirement, provided that the objective is legitimate and the requirement is proportionate”. Consequently, the Committee asked the Government to provide: (1) information on the application of section 4(1) in practice, with examples of cases in which the provision has been used; and (2) copies of any relevant court decisions, and particularly any interpretation made of the terms “essential and decisive occupational requirement”, “legitimate objective” and “proportionate requirement”. In its supplementary information, the Government clarifies that a difference in treatment is justified through three criteria: (1) the reasons why the established characteristic constitutes an essential qualification; (2) the purpose of the specific characteristic; and (3) adequacy to the principle of proportionality. The Government also refers to two Ombudsman cases, according to which an age limit of 32 years for an expert vacancy post in the Ministry of Foreign Affairs was considered discriminatory (Case No. 20180328-2018) and the absence of an exception for persons with disabilities regarding physical tests for staff vacancies in detention facilities was considered justified (Case No. 267553-2019). The Committee takes note of this information.

Article 1(1)(b) of the Convention. Additional grounds. Disability. Recalling that the national legislation prohibits discrimination on the ground of disability in employment and occupation, the Committee notes that Law No. 4488/2017 of 13 September 2017 on improving the protection of employees and on the rights of persons with disabilities provides that any natural person or public organization in the wider public or private sector, is required to facilitate the equal exercise of the rights of persons with disabilities in their respective fields of competence or activity by taking all appropriate measures and refraining from any action which may discriminate against persons with disabilities. The Committee notes, from the statistical information provided by the Government, in its report and supplementary information, that twelve cases of discrimination on the ground of disability or chronic disease were reported between 2018 and 2019 by the labour inspectorate and that the Ombudsperson’s 2018 report further indicates that 14 per cent of cases received concerned discrimination on grounds of disability or chronic disease. The GSEE indicates that specific steps should be taken to raise awareness of the fact that the treatment of an employee with a disability may conceal discrimination. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities expressed concern at the high level of unemployment among persons with disabilities and the insufficient efforts to ensure their inclusion in the open labour market, particularly with regard to women with disabilities (CRPD/C/GRC/CO/1, 29 October 2019, paragraph 38(a)). The Committee asks the Government: (i) to adopt proactive measures in order to promote equal opportunity and treatment for persons with disabilities in education, vocational training and employment, including by enhancing their access to a wider range of jobs in the open labour market; and (ii) to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex, age and work environment (segregated work environment or the open labour market).

Age. In its supplementary information, the Government reports the abolition of the age limit for the postgraduate education of civil servants by Law No. 4590/2019 and the abolition of the age limit for specialists in the National Health System by Law No. 4528/2018. The Committee also recalls that the national legislation prohibits direct and indirect discrimination in employment and occupation on the ground of age (section 2(2)(a) of Law No. 4443/2016). Referring to its 2019 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee welcomes the removal, as of February 2019, of the lower minimum wage rate, which has been set since 2012 for young workers under the age of 25. In its supplementary information, the Government explains that most cases of age discrimination concern a maximum age criterion for access to work and employment, and refers to the Ombudsman’s 2019 Report, which indicates that in most cases age is associated, often stereotypically, with physical characteristics and special physical abilities that only younger people have without even indicating that such skills are necessary for the performance of the posts in question. The Government further adds that in 2019 the labour inspectorate investigated two cases of discrimination based on age, and refers to Cases Nos 20180328-2018 and 259702-2019, in which the Ombudsperson called for the reconsideration of job vacancies limited to candidates of a maximum of 32 or between 20 and 35 years of age, respectively. The Committee notes with concern that, in its 2018 special report on equal treatment, the Office of the Ombudsperson indicates that discrimination on the ground of age is constantly the subject of investigations by the Office and refers to several cases of maximum and/or minimum age limits unjustifiably imposed in the case of job vacancies, both in the public and private sectors. The Committee notes, however, that the European Commission recently observed that, while the national legislation allows for exceptions based on age for specific reasons, there is relevant case law, particularly on the introduction of age limits, that has found that such exceptions constitute discrimination based on age (European Commission, European Network of Legal Experts in Gender Equality and Non-discrimination, Country Report, Greece, 2018, page 49). The Committee recalls that age is considered a physical condition in respect of which social measures of protection and assistance may be necessary, as provided for in Article 5(2) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 813). Noting that job vacancies frequently impose restrictions based on age, the Committee asks the Government to: (i) take steps to prevent and address cases of direct or indirect discrimination based on age in employment and occupation, including through the development of public information campaigns and awareness-raising activities for workers, employers and their respective organizations; (ii) provide information on the steps taken and the measures adopted to tackle discrimination on the ground of age, as well as on the number and nature of cases concerning discrimination on this ground in employment and occupation that have been dealt with by the labour inspectorate, the Office of the Ombudsperson and the courts, as well as the sanctions imposed and remedies granted; and (iii) provide detailed information on the specific cases in which it was considered that age limits set in job vacancies were covered by the exceptions provided for in the national legislation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Referring to its previous comments on occupational gender segregation, the Committee notes from the Labour Force Survey (LFS) of the Hellenic Statistical Authority (ELSTAT) that in 2019, the employment rate for women slightly increased from 46.8 per cent in 2016 to 51.3 per cent, but remained 20 percentage points below that of men (71.3 per cent in 2019). The Committee notes that the GSEE’s indication that the 2018 employment rate of women of 49.1 per cent is one of the lowest in the European Union. It notes that in 2019 the unemployment rate of women was still substantially higher than that of men (21.5 per cent and 14 per cent, respectively). The Committee further notes that, according to ELSTAT 2018 data, women are still mainly concentrated in traditionally female-dominated sectors, such as education (74.4 per cent women) and health and social services (71.6 per cent women), as well as in low-paid jobs, representing 61.2 per cent of clerical support workers, but in 2018 only 26.8 per cent of senior officials and managers and 9.8 per cent of board members of the largest publicly listed companies (ELSTAT Labour Force Survey and European Commission, 2019 Report on equality between men and women in the EU, paragraph 27). The Committee also notes the indication by the SEV that gender stereotypes have a strong influence on the existing division of labour between men and women, both in the family, the workplace and society, and that these factors can limit women’s career prospects and contribute to inequalities in society. It further notes that, as highlighted by the European Commission and Eurostat, the gender gap in unpaid working time (the fact that women do most household chores, care of family members and other unpaid work, which means they have less time to devote to paid employment) is one of the highest in the European Union, which is reflected in the labour market by the fact that more than twice as many women as men are in part-time employment (13.2 per cent and 6 per cent, respectively, in 2018). The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) 2016–20. In particular, it notes the indication in the NAPGE that: (1) women are still under-represented in specific sectors of the economy; (2) employed women have low-paid and precarious jobs, with little room for promotion and are unable to develop professionally and educationally; and (3) women still undertake the bulk of domestic work and spend periods away from the labour market more frequently than men. It notes that, as a result, the NAPGE includes specific actions aimed at, inter alia: (1) the enhancement of women’s employment and in particular women’s entrepreneurship; (2) the promotion of gender equality in education and vocational training; (3) ensuring the participation of women in decision-making; and (4) the reconciliation of work and family responsibilities. The Committee also notes the Government’s indication, in its supplementary information, that occupational gender segregation will be one of the priorities of the labour component of the new NAPGE 2021–25. The Committee further notes that the United Nations Working Group on Discrimination Against Women in Law and in Practice highlights the need for equal access for women to the labour market and improved conditions at work, and expresses specific concern at the absence of women in leadership roles (A/HRC/44/51/Add.1, 16 April 2020, paragraph 90(c) and (i)). The Committee further notes that, in its 2018 report, the Office of the Ombudsperson indicated that the number of complaints on gender-based discrimination increased, especially at the workplace, representing 57 per cent of the total number of the complaints received in 2018, and referred to several cases of discriminatory job vacancies seeking only men or women. In light of the persistent occupational gender segregation, the Committee asks the Government to take steps, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments and promote and enforce the rights guaranteed by the Convention. It asks the Government to include proactive measures in the NAPGE 2021–25, and to provide information on the impact of measures taken under the NAPGE 2016–20 to improve equality of opportunity and treatment for men and women in employment and occupation by effectively enhancing women’s economic empowerment and access to the labour market, including to decision-making positions.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. Referring to its previous comments on the measures envisaged in the framework of the Action Plan for the implementation of the National Strategy for the Social Integration of Roma 2012–2020, the Committee notes the Government’s indication that 12 strategies were implemented at the regional level for the social integration of the Roma. The Government adds that, between 2013 and 2015, 883 Roma people benefited from local employment projects and 2,232 benefited from the services of the 27 support centres for the Roma and vulnerable groups. The Committee notes the adoption in May 2016 of a project to develop the National Centre for Social Solidarity as a national platform for consultation and dialogue for the formulation and implementation of policies for the integration of the Roma. However, the Committee notes that the United Nations Working Group on Discrimination against Women in Law and Practice and the Human Rights Council in the framework of the Universal Periodic Review, several United Nations bodies have expressed concern at the persistent stereotypes and discrimination affecting the Roma in access to employment and education, despite the efforts made by the Government, and have explicitly recommended the Government to fully implement the National Strategy for the Integration of the Roma 2012–20 (A/HRC/44/51/Add.1, 16 April 2020, paragraph 90(j) and (k), A/HRC/33/7, 8 July 2016, paragraph 135, and A/HRC/WG.6/25/GRC/2, 7 March 2016, paragraphs 16 and 76). The Committee asks the Government to strengthen its efforts to ensure that acts of discrimination against the Roma in employment and occupation is effectively prevented and addressed and to provide information on the impact of the plans and programmes implemented to enhance the equal access of the Roma to education, training and employment, including within the framework of the Strategy for the Integration of the Roma up to 2020. It asks the Government to provide information on the activities undertaken to that end in collaboration with the National Centre for Social Solidarity, as well as statistical data disaggregated by sex, on the labour market situation of the Roma.

Migrant workers. Taking into consideration the high number of migrants and refugees received by the country since 2015, the Committee notes that according to ELSTAT, for the first quarter of 2019, the unemployment rate of migrant workers was almost twice as high as that of national workers (32.3 per cent and 18.3 per cent, respectively). In its supplementary information, the Government recalls that Law No. 4251/2014 provides for a series of sanctions for employers employing third country nationals without a legal document giving them access to work. The Government adds that the labour inspection services deal with anonymous and whistle-blowing complaints regarding the employment of illegally resident third country nationals, that they use a risk analysis system to perform targeted audits and that they also take precautionary action through the provision of information. It further indicates that in 2019, the labour inspectorate identified 41 cases of the employment of illegally resident foreign nationals. In relation to the agricultural sector, the Committee further notes the Government’s indication in its supplementary information that: (1) the agricultural sector has a high rate of migrant workers, including irregular immigrant workers; (2) pursuant to Law No. 4554/2018 and Law No. 4052/2012, inspections in enterprises are carried out and sanctions (including high administrative sanctions) are imposed where undeclared work and the illegal employment of illegally resident third country nationals is detected; (3) 33 inspections were undertaken at agricultural product packaging companies and strawberry cultivation greenhouses; and (4) regarding the case involving a complaint of 164 foreign agricultural workers, the Prosecutor of the Court of First Instance issued a document describing them as being employed under particularly abusive working conditions and that they were therefore entitled to obtain a residence permit for humanitarian reasons. While taking note of this information, the Committee notes with deep concern that in its 2018 annual report published in April 2019, the Racist Violence Recording Network (RVRN, a network of non-governmental organizations established at the initiative of the Greek National Commission for Human Rights and the United Nations High Commissioner for Refugees) refers to acts by employers against migrants and refugees, with victims suffering extreme labour exploitation and physical violence when they ask for their pay. The Committee further observes that, in its 2018 report, the Office of the Ombudsperson highlights the unsatisfactory results of its numerous interventions since 2008 in relation to the inadequate inspection of the working conditions of migrant agricultural workers. The Committee also notes that several United Nations treaty bodies have expressed concern at reported cases of migrants working in slavery-like conditions in the agricultural sector and that the Human Rights Council has recommended, in the context of the Universal Periodic Review (UPR), that the Government supervise the working conditions of migrant workers effectively (A/HRC/33/7, paragraph 135, and A/HRC/WG.6/25/GRC/2, paragraph 35). The Committee notes in this regard the indication by the GSEE in March 2017 that the European Court of Human Rights (ECtHR) handed down a decision in which it considered that Bangladeshi workers were victims of trafficking for the purposes of labour exploitation in the agricultural sector (ECtHR Application No. 21884/15, Chowdury and others v. Greece, 30 March 2017). The Committee notes that the Office of the Ombudsperson also refers to several cases of discrimination on the ground of national origin as a result of job vacancies expressly requesting Greek citizens or, in other cases, non-citizens. The Committee recalls that all migrant workers, including those in an irregular situation, must be protected against discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (2012 General Survey, paragraph 778). The Committee urges the Government to take all the necessary measures without delay to address effectively any cases of discrimination against men and women migrant workers in terms and conditions of employment, particularly with regard to labour exploitation in the agricultural sector. It asks the Government to provide information on the concrete steps taken or envisaged to foster equality of opportunity and treatment in employment and occupation, irrespective of race, colour or national extraction, as well as on their impact. The Committee asks the Government to continue providing information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Office of the Ombudsperson or the courts, the sanctions imposed and remedies granted, as well as statistical data, disaggregated by sex and national extraction, on the participation of migrant workers in the labour market.

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.