CMNT_TITLE

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 takes note of the observations of the Hellenic Federation of Enterprises (SEV), transmitted by the International Organisation of Employers (IOE) and received on 1 October 2020. It also takes note of the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2017 and 30 August 2019. The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the observations of social partners, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 3. Impact of the structural reform measures on the application of the Convention. Since 2010, the Committee has been examining the austerity measures adopted in the framework of the financial support mechanism, and requesting the Government to monitor the impact of such measures on the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. The Committee notes that the Government does not provide information on any impact assessment undertaken to that end. However, in its observations, the GSEE reiterates its previous concerns relating to the absence of an impact assessment of the austerity measures on the implementation of the Convention, and on the rise in discriminatory practices to the detriment of women. The Committee takes note of the adoption of the National Action Plan for Gender Equality (NAPGE) for 2016–20 and more particularly of the Government’s acknowledgement that the prolonged austerity policies have disproportionately affected women’s employment. Noting that the third economic adjustment programme ended on 20 August 2018, the Committee, however, notes that in April 2019, the United Nations (UN) Working Group on Discrimination Against Women in Law and in Practice considered that Greece was lagging behind other countries in the European Union on women’s rights despite legal and policy frameworks being in place, because of poor implementation, the persistence of discrimination and the lingering impacts of the crisis and austerity measures (A/HRC/44/51/Add.1, 16 April 2020, paragraph 86). The Committee regrets that the Government did not undertake any impact assessment that could better have helped it to assess and mitigate the impact of the austerity measures adopted between 2012 and 2018 on the application of the Convention. The Committee hopes that the Government will take all the necessary steps, in collaboration with employers’ and workers’ organizations, the Ombudsman and the enforcement authorities, to address all the matters identified by this Committee. It asks the Government to provide detailed information on the concrete measures adopted to that end, within the framework of the National Action Plan for Gender Equality or otherwise, as well as on any obstacles identified and the results achieved.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that section 2 of Law No. 3896/2010 explicitly prohibits both quid pro quo and hostile environment sexual harassment. While noting that the dissemination of information and awareness-raising on sexual harassment at the workplace are planned in the NAPGE for 2016-20, the Committee notes that, in April 2019, the UN Working Group on Discrimination Against Women in Law and in Practice indicated that, according to the Ombudsman, the number of incidents of sexual harassment is much higher than those reported, individuals being fearful of reprisals, stigmatization or losing their jobs or facing retaliatory legal defence pursued by employers (for example, in one case, the Ombudsman concluded that the dismissal of the complainant was an act of revenge, as it was abusively used as a “judicial countermeasure” by the employer against the employee’s complaint of sexual harassment). Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on the number of cases concerning sexual harassment in employment and occupation that have been dealt with by the labour inspectorate, the Ombudsman and the courts, as well as the sanctions imposed and remedies granted. It further asks the Government to provide specific information on awareness-raising initiatives undertaken to effectively prevent and prohibit sexual harassment in employment and occupation, within the framework of the NAPGE for 2016–20 or otherwise, as well as on their impact.

Pregnancy and maternity. In its previous comments, the Committee noted that working mothers returning from maternity leave have been offered part-time and rotation work (which is another form of part-time employment but differs in that the employee may work less days but on a full-time schedule each day). The Committee notes that according to the statistical information provided by the Government, since 2014, the number of women workers whose working arrangements have been converted to part-time and rotation employment, with or without their consent, has increased. The Committee notes, however, that such statistics are not disaggregated by family status. The Committee also notes that the NAPGE for 2016–20 sets as specific actions: (i) the protection of pregnant women, including through the elimination of employers’ abuse of the entitlement to dismiss for “significant reason”; (ii) the protection of women against discrimination on the grounds of pregnancy or maternity; and (iii) the monitoring of complaints concerning discrimination on the ground of family responsibilities against men and women. The Committee also notes that, in its supplementary information, the Government refers to the SHARE Project 2020–2022, that aims to challenge traditional stereotypes and roles within the family and promote work and life balance. It notes, however, that in April 2019, at the end of its country visit, the United Nations Working Group on Discrimination Against Women in Law and in Practice expressed concern about ongoing discrimination based on pregnancy. The Working Group indicated that while women who return to work following maternity leave are legally entitled to return to the same job or an equivalent one, with no less favourable working terms and conditions, while benefiting from any improvement of their working conditions that they would have been entitled to, during their absence, in practice, the law is inadequately enforced, particularly in relation to women in high-ranking positions (A/HRC/44/51/Add.1, 16 April 2020, paragraph 33). The Committee further notes that, as highlighted by the GSEE, the Ombudsman indicated that the high number of reports relating to the dismissal of pregnant women in the private sector demonstrates that despite enhanced legislative protection, the relevant prohibition is not fully understood. The Ombudsman highlighted the substantial number of reports relating to detrimental changes imposed to women returning from maternity leave with regard to their working conditions. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory, as they can by definition only affect women, the Committee asks the Government to provide information on the concrete measures adopted and implemented, within the framework of the NAPGE for 2016–20 or any other measures, to ensure that women are effectively protected in practice against discrimination in employment and occupation on the ground of pregnancy or maternity. It asks the Government to provide information on any awareness-raising activities on the rights of women workers linked to pregnancy and maternity, addressed at workers, employers and their respective organizations, as well as on any other steps taken to ensure the effective implementation of the relevant legislative provisions. The Committee further asks the Government to provide information on the number of cases concerning discrimination in employment and occupation on the grounds of pregnancy or maternity that have been dealt by the labour inspection, the courts or the Ombudsman, as well as the sanctions imposed and remedies provided.

Enforcement. The Committee notes the Government’s statement that several training sessions and seminars were organized for labour inspectors on gender equality issues, in cooperation with the Ombudsman and the General Secretariat for Family Policy and Gender Equality (GSFPGE) (previously the General Secretariat for Gender Equality (GSGE)). The Government adds that as a result of Law No. 4443/2016, cooperation between the labour inspectorate and the Ombudsperson in the monitoring of potential discrimination cases was strengthened. In its supplementary information, the Government also indicates that under Ministerial Decision (60201/D7.1422/31-12-2019, FEK 4997 B’) the violation of the principle of equal treatment was characterized as a very high level violation with a fine of €2,000 for each affected party. The labour inspectorate will immediately inform the Ombudsperson upon receiving complaints and provide information on the results of action taken by them without prejudice to the Ombudsperson’s own investigation and formulation of the final conclusion on the complaint. The Committee notes that, in its 2018 special report on equal treatment, the Ombudsperson refers to several awareness-raising activities undertaken relating to equal treatment and gender equality, as well as to its cooperation with the labour inspectorate. Concerning the issue of discriminatory job vacancies, the Ombudsperson mentions awareness-raising activities undertaken with a specific private company, indicating that this experience will be used as a pilot project in the context of a mass media campaign on this issue. The Committee notes the Government’s indication that, from 2016 to 2019, 37 judicial decisions relating to the principles of the Convention were issued. The Committee asks the Government to continue to provide information on: (i) any awareness-raising activities and public information campaigns undertaken on the principles of the Convention, as well as on their impact, and (ii) the number of employment discrimination cases dealt with by the labour inspectorate, the Ombudsperson and the courts, identifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.