Definitive Report - REPORT_NO208, June 1981

1. 46. By a communication dated 17 September 1980, the Greek Pursers' Union - Piraeus, presented a complaint concerning alleged infringements of trade union rights in Greece. The Government sent its observations on 3 February 1981.
2. 47. Greece has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainant

1. 48. The complainant alleges that after all the members of the Greek Pursers' Union participated in strikes on all the passenger ships of the Karageorgis Line Co., on 21, 22 and 23 August 1980, in accordance with the provisions of Law 330/76 for the non-payment of overtime work, the Ministry of Merchant Marine illegally dismissed the strikers by ordering the Harbour Masters of Patros and Rhodes to sign them off the ships' articles.

B. The Government's reply

1. 49. The Government stated in its communication that according to the case law, a strike does not break an employment contract, but only suspends it, and that since the member pursers did not come aboard their ships, their records were marked, but these marks do not infringe upon their rights. Thus in the Government's view the strikers were not dismissed, only their records were marked since they did not show up for work. Finally, the Government adds that in order to avoid further misunderstandings, it gave the necessary instructions to delete the comments made in the strikers' records.

C. The Committee's conclusions

1. 50. The Committee notes that the strike only suspended the working contracts, and that therefore the comments introduced in the sailors' records did not lead to dismissals. It notes with interest that these comments were subsequently stricken from the strikers' records.