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The Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), with regard to the observations communicated by the Greek General Confederation of Labour (GSEE) with the support of the International Trade Union Confederation (ITUC) and the European Trade Union Confederation (ETUC) on the impact of the measures introduced in the framework of the mechanism to support the Greek economy.
Further to the issues raised under the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that GSEE is particularly concerned at the effect of the austerity measures on the situation of workers with family responsibilities, such as the increasing burden of family responsibilities on women due to gender stereotypes and as a result of uneven sharing between men and women of child and family care responsibilities. With respect to Act No. 3863/2010 on the “New Social Security System and relevant provisions”, the GSEE raises concerns at the drastic increase in the retirement age of women, and particularly working mothers of minors, which should be assessed against the effect of the other measures taken, as well as against the inadequate and inefficient public social care support for mothers and working parents.
The Committee will examine the issues raised by the GSEE and the Government’s response thereto, together with the Government’s next report which is due in 2011. The latter should also address the issues raised in its previous observation and direct request of 2007.
1. Article 4. Terms and conditions of employment. Collective agreements. The Committee notes the information provided by the Government on the provisions contained in the National General Collective Labour Agreements for the years 2000–05 granting entitlements to men and women workers by way of unpaid leave in case of illness of a dependant child or other members of the family; additional paid leave of absence for parents raising a child alone; and reduced working hours, enabling them to assume family responsibilities. The Committee requests the Government to continue to provide information on how the National General Collective Labour Agreements contribute to giving effect to the provisions of the Convention.
2. The Committee notes the information provided by the Government concerning assistance provided to seafarers with family responsibilities, including the indication that issues of parental leave and leaves of absence for family reasons are regulated through collective agreements. Please provide further information on the leave entitlements provided under collective agreements applicable to seafarers and on the coverage of these agreements.
3. Article 5. Childcare and family services and facilities. The Committee notes the information in the Government’s report on the provision of care for the elderly and children at the local government level. The Committee also notes that the General Secretariat for Gender Equality is implementing a project on affirmative action in favour of women in small, medium and large enterprises, which, inter alia, promotes the establishment and operation of infant nurseries. The Government also indicated to the Committee on the Elimination of All Forms of Discrimination against Women that it was preparing new measures to provide financial support to women for childcare services (statement of the head of the Greek delegation of 24 January 2007). The Committee requests the Government to provide information on the measures taken and the results achieved in providing sufficient and appropriate childcare services and facilities, including for children up to three years of age, as well as statistical information on the number of existing childcare facilities (private and public) and their capacity.
4. Article 6. Information and education. The Committee emphasizes that promoting the reconciliation of work and family responsibilities as a matter of concern to men and women is crucial for making progress in achieving effective gender equality, as envisaged in the Convention. The Committee, therefore, welcomes that some measures have been taken to promote a broader understanding of the principle of equality, including through activities within the framework of the fifth medium-term programme for gender equality (2001–05) targeting work and family reconciliation and combating stereotypical views. The Committee encourages the Government to intensify its efforts in this regard and requests it to continue to provide information on action taken to promote understanding of the principle of gender equality and awareness of the rights and needs of workers with family responsibilities.
1. Articles 3 and 4 of the Convention. Leave entitlements for men and women workers with family responsibilities. The Committee notes with interest that the new Civil Servants Code (Act No. 3528/2007) adopted by Parliament on 24 January 2007 strengthens the previously existing measures to assist civil servants to reconcile work and family responsibilities. Most importantly, the right to childcare leave – either in the form of reduced daily hours of work or a nine‑month period of paid leave of absence – has been extended to fathers, albeit only if the entitlement is not used by the mother (section 53(2)). However, the Committee also notes that male civil servants cannot make use of this entitlement if his spouse is not working, except in cases where the spouse is not in a position to care for the child due to a serious disability (section 53(3)(3)). Further, the three‑month paid leave in the case of adoptions is only available to women (section 52(4)). As noted in its previous comments, Act No. 2527/1997 appears to exclude male public sector employees from paid adoption leave. The Committee considers that these provisions are not in conformity with the principle of equal treatment and that under the Convention measures taken in favour of workers with family responsibilities must be made available to men and women equally. The Committee requests the Government to:
(a) provide information on the implementation of the provisions of the 2007 Civil Servants’ Code on childcare leave and other entitlements intended to facilitate reconciliation of work and family responsibilities;
(b) indicate the provisions governing entitlements intended to facilitate reconciliation of work and family for civil servants not covered by the Civil Servants Code;
(c) indicate the measures taken to ensure that such entitlements are available to men and women civil servants and public sector employees, on an equal footing; and
(d) provide statistical information on the extent to which men and women workers make use of family related leave entitlements (private and public sectors).
2. Social security. While welcoming the progress made in extending paid parental leave in the civil service, the Committee also notes that parental leave in the private sector is unpaid. The Committee recalls that pursuant to section 6 of Act No. 1483, parents are covered by social security while they are on parental leave, provided they pay the employer’s contribution as well as their own contributions. In this regard the Committee notes that article 7 of the National General Collective Labour Agreement 2006–07 commits the parties to promote a legislative regulation providing for cash payments to male and female employees on childcare leave, and payment of social insurance contributions (CEDAW/C/GRC/Q/6/Add.1, 10 October 2006, page 24). The Committee requests the Government to provide information on any further developments in this regard.
3. Article 11. Workers’ and employers’ organizations. The Committee notes that in June 2006 the General Secretariat for Gender Equality and major employers’ organizations signed a Protocol of Cooperation for the promotion of equal opportunities for men and women in enterprises which, inter alia, provides for a special programme for the operation of nurseries and the promotion of flexible forms of work organization open to men and women in small and medium-sized enterprises. The Committee welcomes the employers’ organizations’ commitment to study the use of flexible forms of work organization with a view to reconciling family and professional life. The Committee requests the Government to provide information on the measures taken to promote the establishment of childcare facilitates and services and the use of flexible forms of work organization under the 2006 Protocol of Cooperation, including information on results achieved.
The Committee is raising other points in a request addressed directly to the Government.
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:
1. According to the Government, Act No. 2693/1998 issuing the “regulations on industrial relations, the establishment of the labour inspectorate and other provisions” has amended certain provisions of Act No. 1483/1984 on “the protection of workers with family responsibilities and the facilities granted to them”. The Committee understands that enterprises with fewer than 100 employees are now covered by all the provisions of Act No. 1483/1984 and, in particular, that since the Act came into force, the employees are able to apply for parental leave (3½ months’ unpaid leave per parent to be taken in a period immediately after the maternity leave and before the child reaches the age of 3½). The Committee welcomes this information. Since the Government’s report does not refer to the situation of workers who have no work contract and are apparently excluded from the benefit of Act No. 1483/1984, the Committee would be grateful if the Government would indicate which provisions of Convention No. 156 apply to this category of workers. Recalling that seafarers are also excluded from the scope of the abovementioned Act, the Committee reiterates its question about the type of benefits allocated to seafarers – of both sexes – under the Special Family Benefits Fund for Seafarers so that they may exercise their right to engage in employment without conflict between their employment and family responsibilities. Noting further that a ministerial order setting the maximum number of days’ absence granted to supervise the schooling of children in primary and secondary schools is in the process of being drafted, the Committee asks the Government to state whether this entitlement also applies to workers of both sexes in the private and public sectors. Please also provide a copy of the text finally adopted.
2. With regard to the public service, the Committee notes that since the adoption of the Public Servants Code (Act No. 2683/1999), public servants, including men, are now able to take unpaid leave for two years for every child under 6 years of age – in addition to the 3½ months’ parental leave mentioned above. Noting also that, according to the Government, section 16 of Act No. 2527/1997 provides for one month’s fully paid leave for women public sector employees who adopt a child under 6 years of age, the Committee would be grateful if the Government would state whether male public employees in the same position are excluded from this entitlement.
3. The Committee again asks the Government to state whether, under the new legislation (Act No. 2683/1999), male teachers with children under 2 years of age may also benefit from the reduction of two hours in the weekly timetable, as provided in section 30(14) of Act No. 2083/1992 on “the modernization of higher education”. The Committee recalls in this connection that Convention No. 156 applies to workers of both sexes with family responsibilities and that it is based on the postulate that men and women must assume equal responsibilities for their children and have the same share in family obligations, so that men and women have equal access to all existing services and arrangements in this area. For there to be real equality of opportunity and treatment between men and women in employment and occupation, there must be an improvement in general working conditions for all workers.
4. The Committee notes from the Government’s report that the allowance for every unprotected child under 16 years of age is paid to full orphans, orphans who have lost their father or whose father has abandoned the family or is unable to work owing to invalidity or certain diseases. It would be grateful if the Government would indicate whether orphans who have lost their mother or whose mother has abandoned the family or is unable to work owing to invalidity or disease are also entitled to the above allowance.
5. The Committee notes the efforts made by the Government to develop public and private community services, such as childcare and family help services or facilities. It also notes the statistical data on the number of such facilities supplied in the report. With regard to the pilot programme concerning the opening of kindergartens in the afternoon, the Committee notes that this programme is open to mothers engaged in shift or non-continuous work who are therefore unable to ensure the necessary care and education during the afternoon, and asks the Government to state whether it is planned ultimately to extend this programme to fathers engaged in shift or non-continuous work. Noting that the Ministry of Health and Welfare plans to extend the experience, the Committee asks the Government to continue to inform it of any progress made in this area, in view of the fact that, as the number of kindergartens or facilities for childcare open during the afternoon grows, it should ultimately be possible for workers with family responsibilities, be they men or women, fully to exercise their right freely to choose their employment, i.e. on an equal footing with workers who have no family responsibilities, and thus avoid their being over-represented in precarious or part-time jobs. Noting that the Government’s report says nothing of community services for dependants other than children, particularly “open centres for the welfare of the elderly”, the Committee again asks the Government to send statistics of the number of such centres and to state whether there are any plans to extend these services or create similar ones in rural areas.
6. Lastly, the Committee would appreciate receiving information on the manner in which workers’ and employers’ organizations contribute to the preparation and enforcement of measures to give effect to this Convention, in particular through negotiated conditions of employment, which take precedence over the provisions of Act No. 1483/1984 (pursuant to section 16 of the latter).
The Committee notes the Government’s report and the appended documentation.
1. According to the Government, Act No. 2693/1998 issuing the "regulations on industrial relations, the establishment of the labour inspectorate and other provisions" has amended certain provisions of Act No. 1483/1984 on "the protection of workers with family responsibilities and the facilities granted to them". The Committee understands that enterprises with fewer than 100 employees are now covered by all the provisions of Act No. 1483/1984 and, in particular, that since the Act came into force, the employees are able to apply for parental leave (three-and-a-half months’ unpaid leave per parent to be taken in a period immediately after the maternity leave and before the child reaches the age of 3½). The Committee welcomes this information. Since the Government’s report does not refer to the situation of workers who have no work contract and are apparently excluded from the benefit of Act No. 1483/1984, the Committee would be grateful if the Government would indicate which provisions of Convention No. 156 apply to this category of workers. Recalling that seafarers are also excluded from the scope of the abovementioned Act, the Committee reiterates its question about the type of benefits allocated to seafarers - of both sexes - under the Special Family Benefits Fund for Seafarers so that they may exercise their right to engage in employment without conflict between their employment and family responsibilities. Noting further that a ministerial order setting the maximum number of days’ absence granted to supervise the schooling of children in primary and secondary schools is in the process of being drafted, the Committee asks the Government to state whether this entitlement also applies to workers of both sexes in the private and public sectors. Please also provide a copy of the text finally adopted.
2. With regard to the public service, the Committee notes that since the adoption of the Public Servants Code (Act No. 2683/1999), public servants, including men, are now able to take unpaid leave for two years for every child under 6 years of age - in addition to the three-and-a-half months’ parental leave mentioned above. Noting also that, according to the Government, section 16 of Act No. 2527/1997 provides for one month’s fully paid leave for women public sector employees who adopt a child under 6 years of age, the Committee would be grateful if the Government would state whether male public employees in the same position are excluded from this entitlement.
3. The Committee again asks the Government to state whether, under the new legislation (Act No. 2683/1999), male teachers with children under 2 years of age may also benefit from the reduction of two hours in the weekly timetable, as provided in section 30(14) of Act No. 2083/1992 on "the modernization of higher education". The Committee recalls in this connection that Convention No. 156 applies to workers of both sexes with family responsibilities and that it is based on the postulate that men and women must assume equal responsibilities for their children and have the same share in family obligations, so that men and women have equal access to all existing services and arrangements in this area. For there to be real equality of opportunity and treatment between men and women in employment and occupation, there must be an improvement in general working conditions for all workers.
5. The Committee notes the efforts made by the Government to develop public and private community services, such as childcare and family help services or facilities. It also notes the statistical data on the number of such facilities supplied in the report. With regard to the pilot programme concerning the opening of kindergartens in the afternoon, the Committee notes that this programme is open to mothers engaged in shift or non-continuous work who are therefore unable to ensure the necessary care and education during the afternoon, and asks the Government to state whether it is planned ultimately to extend this programme to fathers engaged in shift or non-continuous work. Noting that the Ministry of Health and Welfare plans to extend the experience, the Committee asks the Government to continue to inform it of any progress made in this area, in view of the fact that, as the number of kindergartens or facilities for childcare open during the afternoon grows, it should ultimately be possible for workers with family responsibilities, be they men or women, fully to exercise their right freely to choose their employment, i.e. on an equal footing with workers who have no family responsibilities, and thus avoid their being over-represented in precarious or part-time jobs. Noting that the Government’s report says nothing of community services for dependants other than children, particularly "open centres for the welfare of the elderly", the Committee again asks the Government to send statistics of the number of such centres and to state whether there are any plans to extend these services or create similar ones in rural areas.
With reference to its previous direct request, the Committee takes note of the Government's detailed reports which contain replies to certain points raised, as well as statistics, copies of recent court decisions and the National General Labour Collective Agreement of 9 June 1993.
1. Article 2 of the Convention. Regarding the exclusion from the coverage of Act No. 1483/1984 (on protection and facilities for workers having family responsibilities) of seafarers, workers in undertakings not bound by a contract of employment and the non-application of certain provisions of the Act (and its accompanying Presidential Decree No. 193/1988) to enterprises of a certain size, the Committee notes the Government's statement that the social benefits of seafarers of both sexes are guaranteed by the special Family Benefits Fund for Seafarers and by the Seafarers House. The Committee would appreciate receiving more detailed information on the types of benefits available under these schemes so that seafarers of both sexes are able to exercise their right to engage in employment without conflict between their employment and family responsibilities. It also notes the Government's statement that according to section 18(2)(b) of Act No. 1483, the Minister of Labour, on the advice of the Supreme Labour Council, may extend the applicability of the provisions in question to enterprises employing fewer than the stated numbers. The Committee asks the Government to inform it of any use made by the Minister of this power, and, in the meantime, to indicate how the provisions of the Convention are applied to the categories of workers excluded from the coverage of the Act and the Decree.
2. Article 4. The Committee notes the provisions of Acts Nos. 2083 and 2085 of 1992 concerning, respectively, the modernization of higher education and the regulation of questions on the organization, functioning and staff of the public administration, which accord new types of leave to mothers of small children. Noting in particular that Act No. 2083, in section 30(14), permits a two-hour reduction in the working week for women teachers having children under two years of age and that Act No. 2085, in section 13(5), permits unpaid leave of up to two years for female public sector employees having children under six, the Committee asks the Government to indicate in its next report whether fathers of small children are also entitled to other leaves enabling them to reconcile their work and their family responsibilities.
3. Article 5. The Committee notes the information supplied on community child-care facilities, in particular the indication from the General Secretariat on Equality of the Sexes that the current number of centres only satisfies 65-70 per cent of the needs, especially for children under three years of age. This concords with the information reflected in the 1993 General Survey on Workers with Family Responsibilities, paragraph 220. Noting the Government's explanation that delays in creating new pre-schools and crèches are due to an absence of suitable buildings and of staff because of the austere economic measures taken in the country over recent years, the Committee cannot but recall that Article 5, paragraph (b) of the Convention calls on ratifying governments to develop and promote community services such as child-care and family facilities. It accordingly asks the Government to inform it in its next report of efforts made to expand such facilities, and would refer the Government to the discussion of this point in paragraph 252 of the above-mentioned General Survey.
Regarding the information provided by the Government on community-based services for dependants other than children, in particular the description of the functions and facilities of the "Centres for open protection of aged persons", the Committee requests the Government to provide in its next report, statistics on the numbers of such centres. Given that they appear to exist mainly in suburbs of large cities, the Committee also requests the Government to indicate any plans to extend them to or create other such facilities in rural areas.
4. Articles 9 and 11. The Committee notes with interest the information provided by the Government on the National General Labour Collective Agreement of 9 June 1993, section 8 of which entitles employees in certain sized private enterprises to unpaid parental leave of up to three-and-a-half months for each parent and section 9 of which provides for nursing breaks (one hour each day for two years or two hours each day for one year, depending on the agreement of the parties concerned) which, if not used by the mother, may be taken up by the father for the care of his child. Noting that these negotiated conditions of employment take precedence over the provisions of Act No. 1483 by virtue of section 16, the Committee requests the Government to continue, in future reports, to inform it of such progress in the implementation of the Convention and of the way workers' and employers' organizations devise and apply measures to give effect to it.
The Committee notes the information provided by the Government in its first report. It would be grateful if the Government would provide additional information in its next report on the following points:
1. Article 1 of the Convention. The Committee refers to the definition of dependants contained in section 2(a) of Act No. 1483/1984 which covers "children up to the age of 16 years whether born of the marriage or adopted ...". It kindly requests the Government to indicate in its next report whether unmarried parents or a married couple which cares for the children that one of the partners had before entering the marriage, would also be covered under the provisions of the Act.
2. Article 2. The Committee notes that seafarers are excluded from the coverage of Act No. 1483 as are workers in undertakings who are not bound by a contract of employment. It also notes that many of the provisions contained in Act No. 1483 and Presidential Decree No. 193/1988 which assist workers with their family responsibilities, are not applicable to workers employed in enterprises employing less than 300 persons (section 12 of Act No. 1483 and section 7 of Decree No. 193), 100 persons (section 5 of Act No. 1483 and section 3 of Decree No. 193) or 50 persons (section 8 of Act No. 1483). The Committee kindly requests the Government to indicate in its next report the manner in which the provisions of the Convention are applied to the above-mentioned categories of workers who are excluded from the coverage of Act No. 1483 or Decree No. 193.
3. Article 4. Under section 4 of Presidential Decree No. 193, the leave of section 7 of Act No. 1483 is provided to employees in the public sector over and above the unpaid leave envisaged by paragraph 4 of section 101 of Presidential Decree No. 611/1977 or other leaves granted to public service in accordance with special provisions. The Committee requests the Government to kindly attach a copy of Presidential Decree No. 611/1977 with its next report and to indicate whether any other leaves granted in accordance with such special procedures assist workers in reconciling their work and family responsibilities.
Pursuant to section 6 of Act No. 1483, parents are covered by social security while they are on parental leave, provided they pay the employer contribution as well as their own contributions. The Committee would be grateful if the Government could indicate in its next report the amount of social security benefits, as a percentage in relation to income, that is received by parents who make use of the parental leave provision.
4. Article 5. (a) Please indicate how account is taken of the needs of workers with family responsibilities in community planning in your country.
(b) The Committee notes the information contained in the report concerning the provision of child-care centres. It requests the Government to indicate in its next report whether such centres, as well as the other creches mentioned in the report, are established on a community level. It also kindly requests the Government to provide information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities, and if not, whether measures are being taken or are contemplated to attempt to satisfy this demand. The Committee would also be grateful if the Government would indicate whether any family services exist to assist workers in reconciling their work and responsibilities with dependants other than children.
5. Article 8. Please indicate whether any court or tribunal has rendered a decision concerning the application of sections 14 and 15 of Act No. 1483 and if so please attach copies of those decisions with the Government's next report.
6. Article 11. Please indicate the manner in which employers' and workers' organisations have been involved in the preparation and application of Act No. 1483 and Decree No. 193. Please also provide information, to the extent available, on whether any more favourable provisions have been concluded between workers and employers pursuant to section 16 of Act No. 1483.
7. Point V of the report form. Please provide a copy of the statistics referred to under this section in the Government's first report together with any more recent statistical information which may have been gathered on workers with family responsibilities and services and facilities to assist them.