Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Greece (Ratification: 1975)

Other comments on C100

Observation

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The Committee notes the observations made under article 23 of the ILO Constitution by the Greek General Confederation of Labour (GSEE) in communications dated 29 July 2010 and 28 July 2011, as well as the Government’s reply to the GSEE’s first communication, received on 16 May 2011. The Committee also notes the discussion that took place in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011) with regard to the application by Greece of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It notes that the Conference Committee welcomed the Government’s indication that it was working on arrangements with the ILO for the visit of a high-level mission proposed by the Committee of Experts to facilitate a comprehensive understanding of the issues raised by the GSEE in its comments concerning the application of 12 Conventions ratified by Greece, including the Equal Remuneration Convention, 1951 (No. 100). The Conference Committee also considered that contact with the International Monetary Fund (IMF) and the European Union (EU) would assist the Mission in its understanding of the situation [Provisional Record No. 18, Part II, pages 68–72]. The Committee takes note of the report of the high-level mission which visited the country from 19 to 23 September 2011 and held further meetings with the European Commission and the IMF in Brussels and Washington, DC, in October 2011, on the basis of the request made by the Conference Committee.

Impact of the measures on the application of the Convention. The Committee recalls that in its 2010 observations the GSEE had expressed the view that the measures implemented in the framework of the structural reforms had an impact on the application of the Convention as they entail a far-reaching reform in the area of wages and the related system of collective bargaining, social security and security of employment, which could result in increasing discrimination in pay. The GSEE was also concerned that the combined effect of the financial crisis, the growing informal economy and the implementation of structural reform measures adversely affected the negotiating power of women, and would lead to their over-representation in precarious low-paid jobs. The GSEE further drew attention to the possible deterioration of wages of domestic workers and workers in agricultural undertakings, excluded from the scope of the labour law protection. The Committee notes that in its 2011 communication the GSEE expresses concerns that following new legislative reforms the minimum protection level of some workers is being significantly weakened while the risk of abusive practices against them has increased, particularly for working women, and workers, men and women, in flexible forms of employment, as well as those workers not protected by the labour law, including domestic workers.

The Committee notes the detailed information provided by the Government to the high-level mission on the range of legislative measures taken in the framework of the support mechanism since May 2011, notably Act No 3845 of 6 May 2010, Act No. 3846 of 11 May 2010, Act No. 3863 of 8 July 2010, Act No. 3899 of 17 December 2010, Act No. 3986 of 1 July 2011 and Act No. 3996 of 5 August 2011. It also notes the Act No. 3833 of 15 March 2010 on the “Protection of the national economy – Emergency measures to tackle the crisis”, adopted prior to the establishment of the support mechanism, and that on 27 October 2011, Parliament adopted Act No. 4024 of 27 October 2011 “Provisions concerning pensions, the common pay-scale and grading system [in the public sector], the labour reserve and other provisions for the implementation of the mid-term fiscal strategy 2012–15”. With respect to the effects of the abovementioned measures on equality of opportunity and treatment of men and women in the labour market in general, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Impact on the gender pay gap in the public sector. The Committee notes that the abovementioned measures taken in the framework of the support mechanism subsequently introduced substantial wage reductions in the wider public sector, froze new recruitment in the core public sector and reduced recruitment on the basis of private law contracts and external collaboration contracts. It notes the information in the report of the high-level mission that Act No. 3986/2011 and Act No. 4024 of 27 October 2011 introduce and further define the system of “labour reserve” in the core and wider public sector, and that pursuant to Act No. 4024/2011 the “labour reserve” is a form of retrenchment and concerns those employees who work in the public sector under private law contracts without limit of time, as well as those employees in public entities that had been affected by Act No. 4002 of 22 August, 2011 abolishing and merging a number of public entities. Employees placed in the labour reserve receive 60 per cent of the base salary for one year. The Committee notes from the information received during the high-level mission that in the public sector, wages have been reduced through legislative measures by at least 20 per cent, while taxation and social security contributions have increased. Pensions are also being reduced. The Committee also notes that according to information received from the Office of the Ombudsman during the high-level mission, of the 770,000 employees in the wider public sector registered in a recent census, the vast majority were women and that the measure of the labour reserve was likely to have an impact on female unemployment. The Committee further notes from the report of the high-level mission that Act No. 4024 of 27 October 2011 also introduced a new public service statute, a new job classification and a new harmonized wage scale resulting in wage cuts of up to 50 per cent in certain cases. With a view to assessing the impact of the measures taken in the framework of the support mechanism on the application of the Convention in the public sector, the Committee asks the Government to provide full information, disaggregated by sex, on the distribution of men and women in the various occupations of the core and the wider public sector and the corresponding levels of remuneration, allowing an assessment of the evolution of the gender pay gap since 2009, as well as statistics of the number of male and female employees who have respectively been dismissed or who have been put in the “labour reserve”. The Committee also asks the Government to provide information on the new public service statute, new job classification and wage scales and on the specific method that has been used for the evaluation of the different jobs with a view to ensuring the application of the principle of the Convention. Please collect and provide information on the distribution of female and male employees in the new job classification and wage scales of the public service.

Gender pay gap in the private sector. The Committee notes that Act No. 3846 of 11 May 2010 on “financial management and responsibility” institutionalized a range of flexible forms of employment including telework, part-time work, subcontracting by temporary employment agencies, rotation work, suspension of work, etc., while providing certain safeguards. The Committee notes from the high-level mission report that wages are reportedly reduced significantly through the replacement of fixed term employment contracts paid at the full rate, by part time, rotation and other flexible forms of employment with lower pay. According to unpublished data collected and provided by the labour inspectorate during the high-level mission, for the period January–September 2011, part-time work had increased by 5 per cent and rotation had increased by 12 per cent; rotation work introduced in agreement with the parties had increased by 430 per cent, while rotation work introduced unilaterally by the employer had increased 1,192.39 per cent in relation to 2010. On average, wage reductions in the private sector due to the introduction of various forms of flexible employment are, according to the labour inspectorate, approximately 30 per cent. The Committee notes from information by the Office of the Ombudsman received during the high-level mission, that women have been identified as the ones most often offered flexible forms of employment, notably part-time or rotation employment – which reduced wages. After the adoption of Act No. 3846/2010, part-time work had grown exponentially and in many cases, flexibility had been introduced without sufficient safeguards for the most vulnerable, or safeguards which had been introduced by law were not effectively enforced. Especially working mothers returning from maternity leave have been offered part-time and rotation work, reducing their levels of pay. While full statistical and sex-disaggregated data still have to be provided on the use of part time work, rotation work or flexible forms of employment, the Committee is nevertheless concerned at the reportedly disproportionate impact of the legislative measures regarding flexible forms of employment on women’s levels of pay. The Committee asks the Government to take the necessary measures to monitor the evolution and impact of the austerity measures on the remuneration of men and women in the private sector with a view to determining the most appropriate measures to avoid a widening of the gender pay gap and address existing wage differentials between men and women. To this end, the Committee also asks the Government to collect and provide comprehensive information on the following:

(i) statistics disaggregated by sex, showing an evolution of the levels of remuneration of men and women in full-time and part-time employment, in the various economic sectors, industries and occupations, with an indication of the economic sectors and industries most affected;
(ii) the number of men and women, in particular working mothers returning from maternity leave, who have suffered from pay reductions due to a change in their working arrangements (forms of employment, i.e. part-time work, suspension of work, rotation work or subcontracting by temporary employment agencies) with an indication of the number of workers upon whom the employer has unilaterally imposed the conversion of employment with full pay to rotation work or part-time work with lower pay; and
(iii) information, disaggregated by sex, showing an evolution of the wage levels of domestic workers and workers in agricultural undertakings.

Articles 2(2)(c) and 4. Collective agreements and cooperation with social partners. The Committee recalls the Government’s previous indication that it was promoting social dialogue and collective bargaining as a means of improving the remuneration in occupations and sectors predominantly employing women. The Committee notes that according to the GSEE the national general collective agreements had provided a fundamental institutional guarantee of equality between men and women as regards minimum standards of wages and conditions of work, and contributed significantly to restraining the gender pay gap in Greece. The Committee notes that the high-level mission took note of the important link between collective bargaining and wages and noted that the basic reference wage in Greece is based on the national general collective agreement in force. The Committee also notes that the high-level mission received information that sectoral agreements used to have provisions aimed at promoting equal pay for work of equal value. Recalling that collective agreements have been a principal source of determining rates of remuneration, the Committee refers to its comments on Convention No. 98 and calls upon the Government to bear in mind that collective bargaining is an important means of addressing equal pay issues in a proactive manner, including unequal pay that arises from indirect discrimination on the ground of sex.

Developments on equal pay legislation and enforcement. The Committee notes the Government’s indication that Act No. 3896/2010 transposing Directive 2006/54/EC of the European Parliament and the Council (Recast Directive) replaces the previous legislation regarding equality (Act No. 3488/2006 and Act No. 1414/1984) and enhances the principle of equal remuneration for men and women. The Committee recalls the need for effective enforcement of the legislation applying the Convention. The Committee notes that Act No. 3896/2010 strengthens the competencies of the Greek Office of the Ombudsman (Gender Equality Department) to address gender equality, including equal pay, and to collaborate with the labour inspectorate, including during mediation, joint inspections and provision of advice. The Committee notes from the Special Report of the Office of the Ombudsman on equal treatment of men and women in employment and labour relations (November 2009) that 25.99 per cent of the cases regarding unfair treatment related to pay. The Committee notes from the high-level mission report that the labour inspectorate is entrusted with supervision of the legislation on equality between men and women (section 2(2)(g) of Act No. 3996/2011), but does not appear to have the ability to address effectively equality cases. The Committee refers in this regard to the comments made on the Labour Inspection Convention, 1947 (No. 81) and recalls the importance of adequate training programmes for labour inspectors to increase their capacity to prevent, detect and remedy instances of wage inequalities between men and women. The Committee asks the Government to indicate on how it is working with the Office of the Ombudsman to monitor and ensure the application of the Convention, and the results achieved, and to collect and provide information on the number and nature of cases regarding pay discrimination between men and women handled by the Office of the Ombudsman, as well as information on instances of wage inequalities between men and women detected and remedied by the labour inspectorate and cases handled by the courts.

[The Government is asked to reply in detail to the present comments in 2012.]