Observación (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes the information contained in the Government's report, its observations dated 12 June 1991 concerning the comments made by the Greek General Confederation of Labour (GSEE) and the information supplied by the Government during the Conference in June 1991 on the application of Convention No. 98. It also notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1584 and 1632 (283rd and 286th Reports of the Committee on Freedom of Association, approved by the Governing Body at its 253rd and 255th Sessions, May-June 1992 and March 1993).

1. Financial interference by the State in trade union affairs and collection of trade union dues. The Committee considers, in the same way as the Committee on Freedom of Association, that by adopting Act No. 1915 of 1990 on the protection of trade union rights and the rights of the population as a whole, and the financial autonomy of the trade union movement, the Government seems to be giving effect to its previous comments, since the Act brings an end to interference by the authorities in the financial administration of trade unions and to the system of trade union security which is not a product of provisions freely agreed between trade unions and employers. The Committee however requests the Government to supply information in its future reports on the effect given in practice to this Act, and in particular on the manner in which the transition takes place towards a system of self-financing for trade union organizations with the aim of achieving a satisfactory solution for the most representative organizations of workers and employers.

2. Right to strike in public services and minimum service to meet the vital needs of the population. The Committee notes, from the information contained in the Government's report, that section 4 of Act No. 1915 of 1990 provides that the employer is responsible for designating the minimum staff in the event of a strike in the public sector or in services which are of public utility. Observing that the services where strikes can be restricted go beyond the definition of essential services in the strict sense of the term namely those whose interruption would endanger the life, personal safety or health of the whole or part of the population, it concludes that this provision has the effect of modifying the provisions contained in the Act of 1982 respecting minimum service, in the determination of which workers and employers participated jointly. In these circumstances, the Committee recalls that, in accordance with the principles of freedom of association, organizations of workers should be able, if they so wish, to participate in the determination of such minimum services. It therefore requests the Government, in the same way as the Committee on Freedom of Association, to take the necessary action to guarantee, both in law and in practice, that the workers' organizations are involved in defining the minimum services to be maintained in the event of a strike in services deemed as essential in Greek legislation, and to indicate in its next report the action taken in this regard.

Furthermore, the Committee requests the Government once again to specify whether recourse to arbitration by a tripartite commission presided by a judge (sections 15 and 21 of the Act of 1982) is still possible in case of a conflict between the employer and the workers.

3. Freedom of association of seafarers. The Committee notes with regret that the Government's report contains no reply to its previous comments and recalls that it has been raising for several years the question of the freedom of association of seafarers who are excluded from Acts Nos. 1264/1982 and 1915/1990.

In its previous observations, the Committee noted that the comments made by the Greek Shipowners' Union (EEE) and the Pan-Hellenic Maritime Federation (PNO) on the Bill respecting the democratization of the seafarers' trade union movement were being examined by the authorities.

The Committee is bound once again to express the firm hope that legislation that is consistent with the Convention will be adopted in the near future to ensure that seafarers enjoy the rights laid down in the Convention.