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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Greece (RATIFICATION: 1981)

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The Committee notes the observations of the Hellenic Federation of Enterprises and Industries (SEV) and the International Organisation of Employers (IOE), received on 30 August 2019 and 1 October 2020, the observations of the SEV received on 31 August 2021 and 1 September 2022, and the observations of the Greek General Confederation of Labour (GSEE) received on 30 August 2019 and 1 September 2021, as well as the Government’s replies received on 19 November 2019, 8 April 2022, and 29 August 2022.

Articles 1, 2, 5 and 6 of the Convention. Representative organizations. Effective tripartite consultations. The Committee notes the Government’s indication that it continues to work in close cooperation with the most representative workers’ and employers’ organizations, and that the Division on the Promotion of the Application of International Labour Standards of the Supreme Labour Council (the ILS Division) remains the body responsible for consultations held between the Government and the social partners on the application of the Convention. In their observations, the SEV and the IOE indicate that, although the National General Collective Labour Agreement of 2018, signed by the national social partners, requested the Government to activate a Tripartite Consultation Council to meet the country's obligations under the Convention, no response has been received in this regard. In its reply, the Government reports that the ILS Division, which was established and operates on the basis of Article 2 of the Convention, provides for the implementation of the procedures that ensure tripartite consultation on issues relating to the activities of the ILO. The Committee notes the Government’s indication that, in October 2018, the ILS Division met to discuss the agenda of the 108th Conference and prepare its reply to the interim ILO Report, which included the proposed draft texts of a Convention and a Recommendation on violence and harassment in the world of work. The Government further indicates that the ILS Division appointed new members for a two-year term in March 2020, and that it met under its new composition in May 2021 to discuss the ratification of the Violence and Harassment Convention, 2019 (No. 190) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee notes with interest that the meeting ended by delivering a unanimous favourable opinion, which led to the ratification of both Conventions. The Government adds that the ILS Division also met in May 2022 to discuss the agenda of the 110th Conference. In their observations, the SEV and the IOE indicate that no meeting of the ILS Division was held in 2019 and that there has been no further development regarding the potential ratification of the Dock Work Convention, 1973 (No. 137), the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In response, the Government explains that the ILS Division’s failure to convene meetings in 2019 resulted from the transition to a new government, but indicates that both the Prime Minister and the Minister of Labour met with the representatives of the most representative workers’ and employers’ organizations following the elections of June 2019. The SEV and the IOE indicate that the ILS Division met once a year from 2020 to 2022. They express the view that, while there have been recent improvements, there is still a need to ensure the regular operation of the tripartite bodies, as they have been inactive for years. The employer organizations suggest that technical assistance from the ILO could be helpful in this regard. The GSEE, for its part, expresses the view that its proposals are not considered, that the ILS Division does not function properly, and that bipartite meetings with the leadership of the Ministry of Labour cannot replace the tripartite institutional process. In reply, the Government stresses its willingness to enhance social dialogue and indicates that an open channel of communication exists either through correspondence or during the tripartite consultations under the auspices of the ILS Division. The Committee requests the Government to provide detailed updated information on the new composition of the Division on the Promotion of the Application of International Labour Standards of the Supreme Labour Council, as well as on the nature and impact measures taken to promote and strengthen tripartism and social dialogue. The Committee also requests the Government to continue to communicate updated information on the content, frequency and outcome of the tripartite consultations held on all matters concerning international labour standards as required under Article 5(1)(a)–(e) of the Convention, including with respect to the possible ratification of unratified Conventions, particularly Conventions Nos 129, 137 and 152, and the Protocol of 2014 to the Forced Labour Convention, 1930.

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The Committee notes the observations of the Hellenic Federation of Enterprises and Industries (SEV) and the International Organisation of Employers (IOE), as well as the observations of the Greek General Confederation of Labour (GSEE), all received on 31 August 2018. It further notes the Government’s reply to these observations received on 19 November 2018.

Articles 1, 2, 5 and 6 of the Convention. Representative organizations. Effective tripartite consultations. The Committee notes that the Federation of Industries of Northern Greece (SBBE), which represents more than 500 enterprises located in various regions of the country, was recognized as a representative organisation by virtue of Law No. 4554/2018. The Government indicates that it continues to work in consultation with the most representative workers’ and employers’ organizations in addressing issues concerning international labour standards covered under Article 5(1) of the Convention either through written correspondence or by convening meetings of the Division for the Promotion of Application of International Labour Standards of the Higher Labour Council (the ILS Division), which is composed by the tripartite partners. In their observations, the SEV and the IOE, as well as the GSEE, maintain that the new National General Collective Labour Agreement, signed in March 2018 by all the national social partners, makes a specific request to the Government to activate a Tripartite Consultative Council, with the objective of strengthening the weakened tripartite consultations. In its response, the Government indicates that the ILS Division already provides the necessary institutional framework for conducting effective tripartite consultations on international labour standards for purposes of the Convention. The Committee notes the information provided by the Government on the meetings held by the ILS Division between 2015 and 2018. It notes that, at its May 2016 meeting, the ILS Division discussed the potential ratification of the Dock Work Convention, 1973 (No. 137), and the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). At its meeting in May 2017, the ILS Division discussed the items on the agenda of the 106th Conference. In its observations, the GSEE indicates that it has expressed strong support for the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, during the first and only meeting held by the tripartite body of the Ministry of Labour, but maintains that its request to hold additional tripartite meetings has not been accepted. The Government replies that, in the ILS Division’s meeting of January 2018, the possible ratification of the Protocol was decided upon unanimously and that the discussion ended without further objections by the GSEE. The Committee notes that, in May 2018, the ILS Division discussed the items on the agenda of the 107th Conference. The SEV and the IOE observe that most of the ILS Division meetings have been held in relation to the items on the agenda of the Conference and that all other information regarding the application of international labour standards has been provided to them through written communications. The Committee also notes the information regarding consultations held on the ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In their observations, the SEV and the IOE refer to the meeting of the ILS Division held in June 2018 to inform the social partners of the progress of the Working Group established to take the necessary measures for ratification of Convention No. 129. The Government indicates that its conclusions were transmitted to the social partners in July 2018 and that a subsequent meeting of the ILS Division will be convened to further consider ratification of Convention No. 129. In their observations, the SEV and the IOE refer to the low frequency of meetings between the Ministry of Labour and the social partners. In its response, the Government refers to the functioning of the Supreme Labour Council’s plenary sessions, indicating that these were held in nine occasions in 2017 and in 2018. The Government also reports on the technical meetings held with the Ministry and representatives of the social partners in 2018. Noting the existence of several tripartite bodies, the Committee requests the Government to indicate the competent body for the purposes of this Convention and to continue to provide updated information on the content, frequency and outcome of the tripartite consultations held on the matters concerning international labour standards as required under Article 5(1)(a)–(e) of the Convention, particularly consultations on the prospects of ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Dock Work Convention, 1973 (No. 137), the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Protocol of 2014 to the Forced Labour Convention, 1930.

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Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that it is engaged in a continuous and close cooperation and holds consultations with the most representative employers’ and workers’ organizations on matters covered by the Convention, either by correspondence or by conducting meetings. The Committee notes in this regard that the Department for the Promotion of Application of International Labour Standards of the Higher Labour Council held meetings in May 2014 and May 2015 to discuss the items on the agenda of the International Labour Conference. The Committee requests the Government to provide updated information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards, as required by the Convention, including questions arising out of reports on the application of ratified Conventions and the re-examination of unratified Conventions with its social partners.

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes that the Government indicates in its report that consultations were held with regard to the items on the agenda of the International Labour Conference through written communications. It further indicates that no consultations were held within the Higher Labour Council on the promotion and application of international labour standards during the period under examination. The Committee requests the Government to provide information on the consultations held on each of the matters related to international labour standards listed under Article 5(1) of the Convention, including consultations on the submission to the Hellenic Parliament of the instruments adopted by the Conference, the re-examination of unratified Conventions, and the questions arising out of the reports to be made under article 22 of the ILO Constitution. Please also indicate the frequency of such consultations and the nature of any recommendations made as a result of the consultations.

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Effective tripartite consultations. The Committee notes the report for the period June 2009–May 2011 received in February 2012. The Government refers to the meetings held at the Higher Labour Council in May 2010 and May 2011 to examine the items placed on the agenda of the International Labour Conference. The Committee invites the Government to report in more detail on the measures taken with respect to effective tripartite consultations regarding all the matters relating to international labour standards provided for in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]

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The Committee notes the Government’s detailed report for the period ending in June 2005. It also notes the detailed summary of the meetings held in 2004 and 2005 to prepare for tripartite participation in the sessions of the International Labour Conference. It notes with interest the annual report required under Article 6 of the Convention, which the Government attached to its report. It would be grateful if the Government would continue in its forthcoming reports to provide information on tripartite consultations held on all the subjects covered by this Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report on the application of the Convention and, in particular, the detailed information supplied in reply to its previous comments on the preparation of an annual report. In response to the Government’s request, the Committee recalls that, in accordance with Article 6 of the Convention, the report, if it is issued, should cover the working of the procedures provided for in the Convention. In paragraph 131 of its 2000 General Survey, the Committee noted that this provision does not lay down any requirements as to the form of the report and that, during the preparatory work, it was stated that this report should not necessarily take the form of a separate publication, but could, for example, consist of a section of a more general report. With regard to the working of the procedures, the annual report could for example include information on the composition of any consultative bodies, the number of their meetings, their agenda, the proposals made and the conclusions reached.

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The Committee notes with interest the information that, following consultations with the representative organizations of employers’ and workers’, in accordance with Article 6 of the Convention, the Government has decided to issue an annual report on the working of the consultation procedures provided for in the Convention. It requests the Government to transmit this annual report to the ILO once it has been approved by the Supreme Labour Council and hopes that the Government will continue to provide detailed information in future reports on the effect given to all the provisions of the Convention.

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The Committee has noted with interest the Government's report and the information contained in its appendices. It invites the Government to continue to provide, in its future reports, detailed information on the consultations held on each of the matters provided for in Article 5, paragraph 1, of the Convention, including how often they take place, and to specify the nature of any reports or recommendations resulting from them.

The Committee once again reminds the Government that, pursuant to Article 6, representative organizations should be consulted as to whether it is appropriate to produce an annual report on the working of the procedures provided for in the Convention. Please provide, in the next report, information on the effect given to the provisions of this Article of the Convention.

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The Committee notes the Government's report for the period ending 30 June 1995. It notes that, as announced in a previous report, Presidential Decree No. 296 of 1991 on the procedure for the promotion of the application of international labour standards, has been amended by Order No. 88 of this year.

The Committee also notes that the tripartite consultation body has recommenced its work with its new composition and that the first meeting examined the issue of the ratification of the Collective Bargaining Convention, 1981 (No. 154). It would be grateful if the Government would indicate in its next report the outcome of these consultations, which related to the matters referred to in Article 5, paragraph 1(c) of the Convention. It also requests the Government to provide particulars in each of its future reports on the consultations held on each of the matters set out in Article 5, paragraph 1, including information as to the frequency of such consultations, with an indication of the nature of any reports or recommendations made as a result of the consultations.

The Committee also reminds the Government that, in accordance with Article 6, the representative organizations should be consulted on the need to issue an annual report on the working of the procedures provided for in the Convention. It requests the Government to provide information in its next report on the effect given to the provisions of this Article of the Convention.

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Referring to its previous observations, the Committee notes with interest the adoption of Presidential Decree No. 296, dated 4 July 1991, on the "Procedure for the Promotion of the Application of International Labour Standards". It notes the creation, within the Supreme Labour Council, of a special department set up as a tripartite consultation body explicitly endowed with the competence for examining the questions listed under Article 5, paragraph 1, of the Convention.

The Committee furthermore notes Decision No. 11127, dated 18 February 1992, of the Minister of Labour, respecting the setting up of this department, and the supplementary information provided by the Government, sent in March 1993, on the consultations which have taken place within the framework of the new procedures.

The Committee requests the Government to continue to provide information on the functioning of these procedures, concerning specifically the consultations which have taken place on each of the questions in Article 5, paragraph 1, during the period covered by the next report. It would also be grateful if the Government would indicate whether it envisages producing an annual report on the functioning of the procedures, as provided for under Article 6 of the Convention.

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The Committee takes note of the report of the Government dated 4 March 1991, in which it refers to its report for the period 1988-89 and states further that the draft Presidential Decree establishing a procedure to be followed to promote the implementation of the international labour standards is in the final stages of adoption. The Committee notes that the Government undertakes to inform the Committee when the Decree is adopted, as well as to communicate a copy of the text thereof.

In this connection, the Committee wishes to reiterate its concern that the Government very shortly will take the steps necessary to ensure that full effect is given to the Convention.

It hopes that the Government will be in a position to provide detailed information in its next report on any consultations held concerning each of the points set out at Article 5, paragraph 1, of the Convention and, more generally, on the application of the other provisions of the Convention, referring to the questions in the report form.

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With reference to its observation, the Committee takes note of the information provided by the Government in its last report, to the effect that the preparation of measures to give effect to the Convention was being examined by the new Government elected in 1990. The Committee trusts that a decision will shortly be taken with regard to the establishment of procedures to ensure effective consultations with respect to the matters concerning the activities of the International Labour Organisation (Article 2 of the Convention).

The Committee therefore hopes that the Government will be in a position to provide detailed information in its next report on any consultations held concerning each of the points set out at Article 5, paragraph 1, of the Convention and, more generally, on the application of the other provisions of the Convention, referring to the questions in the report form.

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The Committee takes note of the Government's report for the period 1988-90, which indicates that no legislative, administrative or other measures have been taken with regard to the application of the Convention during the period in question. This situation has repeatedly been the subject of the Committee's comments since the Government's first reports which referred to a draft Decree establishing a procedure to be followed to promote the implementation of international labour standards. The Committee notes that this matter has been brought to the attention of the new Government and hopes that the Government will very shortly take the necessary steps to ensure that full effect is given to the Convention.

The Committee is addressing a new direct request to the Government asking for detailed information on a number of questions in this connection.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its last report. It notes, however, that no decision has yet been taken concerning the body or procedure through which consultations shall be undertaken in order to promote the implementation of international labour standards. It recalls that the Government indicated that new consultation procedures had been established in its first report on the application of the Convention, made in January 1984.

The Committee trusts that the Government will determine the procedures that should be established for this purpose as soon as possible. Furthermore, it requests the Government to supply detailed information in its next report on the consultations that have taken place regarding each of the matters set forth in Article 5, paragraph 1, of the Convention and on the frequency of these consultations. It also requests the Government to specify the nature of any reports or recommendations that are the product of these consultations.