Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Greece (Ratification: 1955)

Other comments on C081

Observation

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE), received on 1 September 2021, the additional observations of the GSEE and the observations of the Federation of Associations of the Ministry of Labour (OSYPE), received on 13 May 2022, as well as the Government’s reply.

Articles 3 and 4 of the Convention. Restructuring of the labour inspection system. Organization and effective functioning of the system of labour inspection. Supervision and control by a central authority. The Committee notes the adoption of Law 4808/2021, which establishes a new framework for the organization and operation of the labour inspectorate and envisages its transformation into an independent authority separated from the Ministry of Labour and Social Affairs (MLSA). The Committee notes that the GSEE and the OSYPE allege that the new law was adopted without consultations and foresees a far-reaching transformation of the governance, administration and operation of the labour inspectorate. In its reply, the Government indicates that the Minister held repeated meetings with employers’ and workers’ representatives prior to the adoption of the law, as well as before and after its submission to the Parliament. The Government indicates that the labour inspectorate’s transformation into an independent authority aims to ensure the effectiveness of public administration in monitoring compliance with the labour and social insurance law through the creation of an adequate framework of independence, transparency and accountability, as well as the establishment of a climate of trust towards inspection institutions.

The Committee notes that under section 102 of Law 4808/2021, for the commencement of operation of the labour inspectorate, a relevant decision of the MLSA should be issued. Furthermore, according to the same section of the law, from the commencement of operation of the new labour inspectorate, the existing Labour Inspection Body (SEPE) is abolished, as the new labour inspectorate replaces it automatically in all rights, claims, obligations, legal relations and pending lawsuits. The Committee notes the Government’s indication that the new labour inspectorate has started its operations as of July 2022, pursuant to Decision No. 67759 (G.G. 3795/Β΄/19.07.2022). The Government explains that in accordance with section 102(6) of Law 4808/2021, from the beginning of the operation of the new labour inspectorate, where SEPE is referred to in existing legal provisions, the new labour inspectorate shall be implied, and where the General Inspector is referred to, the Governor or the Administrative Board of the labour inspectorate shall be implied. In this respect, the Government refers to Decision No 1955 (G.G. 14/ 13.01.2022) on the appointment of the Administration Board Members of the Labour Inspectorate and Decision No 52272 (G.G. 455/02.06.2022) on the Appointment of the Governor of the Independent Authority of the Labour Inspectorate. The Committee notes that a new project entitled “Support to the Operational Modernisation of the Labour Inspectorate and the Mediation and Arbitration Service (OMED) in Greece” will be implemented in close cooperation with the ILO and with funding from the European Union, with the aim to support the Greek authorities in the restructuring of the labour inspectorate into an independent body.

The GSEE indicates that the new law removes the institutional responsibility of the MLSA to oversee compliance with labour and social security standards by the labour inspectorate and creates an adverse impact in labour inspectorate’s provision of services. According to the trade union, without the MLSA having the main supervisory and coordinating role, the uniform enforcement of the labour law will no longer be possible. Furthermore, according to the GSEE, separating the labour inspectorate from the central office of the MLSA, where all relevant employment policy departments are placed, will certainly disrupt the link to continuous information on all labour matters required for the design and fulfilment of the labour inspectorate mission. In its observations, the OSYPE indicates that the separation of the labour inspectorate from the MLSA signifies a separation from all directorates responsible for the interpretation of the rules of labour law, as well as from the information system ERGANI which belongs to the MLSA and is the most critical tool both for the identification of undeclared work and for the compliance of the terms of employment contracts by companies. In its reply, the Government clarifies that, under the new legislative framework, the labour inspectorate takes the role of the central authority, which has hierarchical structure and uniform administrative bodies (Administrative Board and Governor). It indicates that the bodies’ term of office and the way they are selected ensure that they shall not be affected by any government change. Regarding ERGANI, the Government indicates that under section 8(1) “Access and management” of the Ministerial Decision No. 40331 (Β’ 3520/2019), which is currently in force, it is provided that SEPE (now replaced by the Labour Inspectorate) has access to all relevant forms and data submitted, which according to the Government also means full access to ERGANI.

The Committee notes that the GSEE also highlights the need for a nation-wide upgrading of the Labour Inspectorate that will: (i) increase regional directorates in line with the country’s regions and spread their local departments in each regional unit; and (ii) institutionalize controls by inspectors in neighbouring regions other than the region in which they are based, with a view to enhancing transparency of controls. In its reply the Government indicates section 21(4) of Law 3996/2011, which refers to the Regional Committees for Social Inspection of the Labour Inspectorate (PEKEE), is still in force. Thus, the Committee understands that the internal structure of the labour inspectorate has remained the same. The Committee requests the Government to provide, information on the capacity of the new labour inspectorate to fulfil its functions under Article 3(1) of the Convention, including with regard to the period of transition between the SEPE and the new inspectorate. The Committee also requests the Government to continue to provide information on the structure of the labour inspectorate as an independent authority and to provide an organigram of the new structure.

Article 3(1)(a), (b) and (2). Labour inspection activities in the area of undeclared work and illegal employment, including in relation to foreign workers. The Committee recalls that from 2016 to 2020 a development cooperation project on “Supporting the transition from informal to formal economy and addressing undeclared work in Greece” was implemented by the Government in close collaboration with the ILO and the social partners in Greece, supporting the implementation of the road map to tackling undeclared work in the country. The Committee notes that a series of legislative changes were adopted in the area of protection of workers’ rights, including through law 4554/2018, as amended by Law 4635/2019, which includes a section entitled “combatting undeclared work” providing for administrative sanctions for undeclared work and foresees the establishment of a “Register of Delinquent Employers in matters of Undeclared Work”. The Government indicates that the said system is being developed at the ERGANI Information System of the MLSA. In its observations, the GSEE indicates that the implementation of the agreed road map on undeclared work, for which the joint action by the labour inspectorate and the competent departments of the MLSA is instrumental, has not been completed. It further indicates that undeclared work is the norm in the agricultural sector and states that the secession of the labour inspectorate from the MLSA, introduced by the recent reform, will further intensify the reluctance of the Government to ratify the Labour Inspection (Agriculture) Convention, 1969 (No. 129), despite the commitments made in the context of the ILO technical assistance and the road map for undeclared work. In its reply the Government indicates that the new labour inspectorate has the competence to carry out inspections in the agricultural sector under article 2(2) of Law 3996/2011, which remains in force. The Government also indicates that, taking into account that trafficking in human beings for labour exploitation is directly related to undeclared work, the labour inspectorate assists the work of other authorities that are primarily responsible for identifying victims of human trafficking, such as the Hellenic Police. Furthermore, the Government indicates that in a meeting of the Supreme Labour Council in October 2022, the need to prioritize the consideration of ratification of Convention No. 129 was highlighted, taking into account the new legislative framework in force for the Labour Inspectorate. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81 (and Article 6(1) and (3) of Convention No. 129), the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee requests the Government to provide information with regard to the development and the functioning of the Register of Delinquent Employers in matters of Undeclared Work.In addition, the Committee requests the Government to provide further information on the functions relating to the control of undeclared work entrusted to the new labour inspectorate, including its cooperation with the police, and to provide information on the specific measures taken to ensure that these functions do not negatively impact the mandatory functions of the labour inspection system concerning the protection of workers, including their safety and health. The Committee accordingly reiterates its request that the Government provide detailed information on the total number of labour inspections, including specifically the number of OSH inspections and those relating to undeclared work. The Committee once again requests the Government to indicate the role and activities of labour inspectors in relation to foreign workers where they are found to be in an irregular situation. In this regard, the Committee once again requests the Government to provide information on the number of foreign workers in an irregular situation who have been granted their due rights (number of cases in which foreign workers have been paid outstanding wages and benefits) or where their situation has been regularized.

Article 6. Status and conditions of service of labour inspectors. Independence of inspectors. The Committee notes that section 104 of Law 4808/2021 provides for the functional independence of the Governor and the members of the labour inspectorate’s Governing Board, while section 114 defines the powers of the Governor which include, inter alia, the authority to define the service status, the salary status, the disciplinary procedure, the organizational structure of the staff positions, as well as the power to set up the Executive and Disciplinary Boards and to lay down the rules for their decision making.The Committee notes the observations of the GSEE and the OSYPE according to which the guarantees on independence as enshrined in the Law 3996/2011, are undermined by the reform. More specifically the GSEE and the OSYPE indicate that: (i) section 104 does not provide guarantees of independence for all employees of the labour inspectorate; (ii) the way the Governor and the Governing Board are chosen does not guarantee in the first place the independence of inspectors themselves; (iii) the law allows for an overconcentration of powers in the Governor’s person, and the exercise of the powers without any control; and (iv) the guarantees of the Civil Servants Code no longer exist since the Disciplinary and Service Boards fall under the uncontrolled power of the Governor, and courts do not have jurisdiction to judge the disputes in question. Regarding the status and conditions of service of labour inspectors, the GSEE and the OSYPE indicate that the law brings a complete dependence of the inspectors on the Governor for all matters concerning their employment status. The Committee notes that in its observations, OSYPE also indicates that the separation of the labour inspectorate from the MLSA changes the regime and the terms of employment for inspectors specifically taking into account that the provisions of Law 4808/2021 make no explicit reference to "labour inspectors", but rather generally refers to "employees" of the independent authority, a working status which is unilaterally regulated by the Governor. In its reply, the Government indicates that according to section 114 of the law 4808/2021, the Governor shall establish or merge Personnel and Disciplinary Boards at the labour inspectorate, as well as Special Assessment Committees and determine the specific issues of their operation in accordance with the provisions in force. According to the Government, this means that the legislation does not authorize the Governor of the labour inspectorate to deviate from the general provisions on disciplinary control and the bodies thereof. With regard to the independence of the labour inspection authority, the Government indicates that in accordance with the Constitution, the provisions of Law 3051/2002 and the Standing Orders of the Hellenic Parliament, independent authorities, as administrative State bodies under a legal status similar to that of the Government, are subject only to judicial control and parliamentary scrutiny. The Committee also notes that section 117 of the new law provides that all existing staff of the SEPE are automatically transferred to the new labour inspectorate, with the same type of employment relationship they had under the SEPE. The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors under the new labour inspectorate, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials with similar functions, such as tax collectors and the police.The Committee also requests the Government to provide information on any decision adopted by the Governor of the labour inspectorate in the implementation of section 114 of the law 4808/2021 concerning arrangements for disciplinary and personnel matters.

Article 10. Number of inspectors. The Committee takes note of a series of measures and legislation adopted to address structural and staffing problems, particularly staff reduction in SEPE. It notes particularly that through the Presidential Decree No. 134/2017 “Organization of the Ministry of Labour, Social Security and Social Solidarity” (OG 168/A’/06.11.2017), the number of directorates, departments, inspectors’ statutory posts and special labour inspectors’ posts increased. Furthermore, the Government indicates that SEPE was staffed via transfers and appointments of employees, including following the Law 4440/2016, on the basis of which 55 employees were transferred and posted to SEPE. The Committee notes that in 2018, the SEPE had a workforce of 732 employees, out of which 621 were labour inspectors and 372 labour relations inspectors. In its observations, the GSEE calls on the importance of taking measures to strengthen the human resources of the labour inspectorate by means of expedited procedures in the context of mobility or recruitment and to quickly staff the labour inspection offices operated by a single-person, with a view to enhancing the effectiveness of SEPE and also to discharge the inspectors from bureaucratic work so that they are able to perform their auditing unobstructed. The Committee requests the Government to provide its comments in this respect.The Committee also requests the Government to continue to provide information on the number of labour inspectors, including on the recruitment of additional staff, in order to ensure that there is a sufficient number for the effective discharge of the duties of the inspectorate, especially in the context of the new labour inspectorate.

Article 11. Material resources of the labour inspectorate. Reimbursement of expenses incurred by labour inspectors in the exercise of their duties. In its previous comments, the Committee noted the observations made by the Union of Occupational Safety and Health Inspectors according to which: (i) the majority of travel expenses incurred by labour inspectors are not covered; (ii) there was a reduction in budget between 2009 and 2014, and the number of travel facilities is insufficient; and (iii) labour inspectors are not provided with the personal protective equipment required for inspections in high-risk workplaces. The Committee notes that the Government did not provide any relevant information on this matter. In its observations, the GSEE calls on the importance of taking measures to support and upgrade the logistical infrastructure of SEPE by ensuring appropriate building facilities, as well as the provision of service vehicles, modern work environment measuring instruments and personal protective equipment to inspectors. The Committee requests the Government to provide its comments in this respect.The Committee also requests once again that the Government indicate the measures taken to ensure that labour inspectors are reimbursed for all expenses incurred in the performance of their duties, and that they are provided with the required personal protective equipment to ensure adequate protection against risks to their safety and health during the performance of their duties. It also requests the Government to provide information on the budget allocated to the labour inspection service, especially in the context of the creation of the new labour inspectorate, and to describe the availability of transport facilities and suitably equipped offices throughout the territorial structures of the labour inspection service.

Articles 17 and 18. Adequate penalties imposed and effectively enforced. The Committee notes the information provided in the Government’s report regarding the activities of the SEPE, in particular the violations detected, the number of cases brought to the courts, and the penalties imposed up to 2020. The Committee notes that Ministerial Decision 80016/2022 categorizes the types of violations and determines the amount of fines to be imposed by the labour inspectorate for violations of labour law. In its observations, the GSEE points to a significant and unjustified reduction of fines for breach of labour law, which benefits and encourages employers' infringements. In this respect GSEE places emphasis on the need to immediately re-evaluate the system of fines and their calculation involving representatives of SEPE. The Committee requests the Government to provide its comments in this respectand to indicate the measures taken or envisaged to ensure the establishment of adequate penalties for the violation of legal provisions enforceable by labour inspectors. The Committee requests the Government to continue to provide detailed information on the number of violations detected, the number of cases brought to the courts, and the penalties subsequently imposed.

The Committee is raising other matters in a request addressed directly to the Government.