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

Collective Bargaining Convention, 1981 (No. 154) - Greece (Ratification: 1996)

Other comments on C154

Observation

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE), received on 1 September 2017, 1 November 2018 and 30 August 2019, as well as the Government replies thereto.

Articles 1(3) and 5 of the Convention. Promotion of collective bargaining in the public service. In its previous comment, the Committee requested the Government to provide information on the steps taken to promote collective bargaining for all groups of workers including the public service, extended to all matters related to working conditions and terms of employment and to indicate any reviews undertaken on the impact of the unilateral changes brought about to employment conditions over recent years. With respect to the private sector, the Committee refers to its previous comments under the Right to Organize and Collective Bargaining Convention, 1949 (No. 98). Concerning pay-setting arrangements in the public sector, the Government indicates: (i) as of 1 January 2016, the provisions of law 4354/2015 apply. Accordingly, collective labour agreements mainly concern the granting of non-wage benefits; (ii) any collective agreement providing for granting of non-wage benefits by the general government bodies that imply expenditure exceeding €5,000 per year is co-signed by the Minister of Finance; (iii) a study on the number of workers concerned, the cost incurred and the way of covering it is attached to each collective agreement concerning the granting of non-wage benefits, as an annex and integral part thereof; and iv) according to the opinion no. 174/2017 of the Legal Council of the State, wage regulations included in a CBA between the administration of a state private law legal entity and its workers’ trade union shall not apply if they deviate from the provisions of the Law 4354/2015. The Government indicates that no legislative changes were made concerning collective bargaining in public sector during the period between 1 June 2014 and 31 May 2021. Concerning the practice of collective bargaining in the public sector the Government indicates: (i) during the reference period collective bargaining in the public sector only concerned the employees of entities of first and second level local self-government organizations. Two CBAs were concluded in 2017 and 2018 pursuant to which an additional annual leave and reduced working hours were granted to the staff of first level organizations and one CBA was concluded in 2018 (and amended in 2019) which for the first time regulated the employment terms and conditions of the staff of the regions. The issue of trade union leave was also codified in the framework of two CBAs concluded in 2017 and 2018; (ii) trade unions representing the private law personnel of first and second level local self-government organizations concluded three CBAs with the administration in 2018. The Committee recalls that while the special characteristics of the public service may justify a certain degree of flexibility in the modalities of collective bargaining, the broad material scope of the Convention that covers terms and conditions of employment, also applies to public employees and their organizations who should therefore be, in particular able to negotiate their wages collectively. The Committee firmly hopes that the Government will continue its efforts to promote collective bargaining for all groups of workers, including the public service, and to progressively extend the matters covered by collective bargaining. It requests the Government to provide information on all the measures taken in this respect.