Informe provisional - Informe núm. 14, 1954

A. A. The complainants' allegations

1. 117. Two complaints have been submitted, one consisting of a telegram dated 10 June 1954 addressed to the Director-General by the Unified Trade Union Movement of Greece (E.S.K.E.), and the other being a complaint dated 17 June 1954 presented by the Greek General Confederation of Labour and transmitted to the Director-General by several Workers' delegates to the 37th Session of the International Labour Conference.
2. 118. In the complaint presented by the Unified Trade Union Movement of Greece, it is alleged, in particular, that:
   • (a) workers' incomes amount to barely 30 per cent of those in the period before the war ;
   • (b) trade unions cannot function freely and are dominated by the Government;
   • (c) laws favourable to the workers are suppressed, as are rights which were acquired long ago;
   • (d) hundreds of trade union officers were exiled seven years ago, and eight trade unionists have recently been deported because of their trade union activities.
3. 119. In the second complaint, the Greek General Confederation of Labour recalls that in June 1953 it presented a complaint against the Greek Government containing allegations of infringements of freedom of association and that subsequently, the Government having agreed to submit the different problems in issue to a tripartite commission for examination, it had, in a spirit of conciliation, requested the Governing Body not to proceed further with the complaint.,
4. 120. The complaining organisation considers that since then the Government has again adopted an anti-union attitude, and formulates the following principal allegations:
   • (a) The application of article 6 of Legislative Decree No. 2510 of 13 August 1953 has deprived bank employees of the protection afforded by Act No. 1803 of 1951, article 1 of which provides that contracts of employment of employees who are presidents or general secretaries of unions with more than 100 members may not be terminated by the employers during their period of office and for one year thereafter, except on serious grounds and in accordance with the procedure laid down in the Act.
   • (b) A Bill to amend the above Decree has been introduced, article 6 of which provides that " members of trade union executive committees automatically forfeit this office on ceasing to carry on the occupation represented by them ". This means that when a worker who is a member of his union executive is dismissed by his employer he is automatically removed from his office and can no longer take part in the administration of his union. The complaining organisation adds that, according to the statements of the Minister of Labour, this provision affects only bank employees.
   • (c) The Minister of Labour has abolished the right of trade union organisations to appoint workers' representatives on the different workers' insurance funds administrations. Thus, by virtue of article 3, paragraph 4, of Legislative Decree No. 2698 of 1953, representatives of insured persons on local committees of the Central Social Insurance Institute are to be appointed by provincial governors ; article 1 of a recent Bill concerning unemployment insurance provides that the representative of the workers will be named by the Minister ; article 1 of Legislative Decree No. 2656 of 1953 accords to the Minister of Labour the right not only to annul decisions of the boards of workers' insurance funds but also to dismiss or replace members of such boards ; finally, for over a year, the Minister of Labour has ceased almost entirely to consult the occupational organisations when workers' representatives are appointed to the various councils, bodies and committees dealing with questions affecting the working class, and appoints them arbitrarily.
   • (d) Another Bill to modify the legislation concerning collective agreements and labour disputes indirectly gives the Minister of Labour the right to designate the workers' organisations or persons to be responsible for negotiating with employers ; further, it prohibits the settlement of trade union questions by means of collective agreements. This last provision is intended to weaken the workers' movement by prohibiting trade unions from collecting the prescribed contributions through the intermediary of the employers.
5. 121. In conclusion, the complaining organisation calls on the Governing Body to declare that the provisions of Legislative Decree No. 2510 constitute a violation of trade union rights and that the general trade union policy of the Greek Government does not conform to the standards adopted by the I.L.O and, consequently, to request the Greek Government to consent to the case being referred to the Fact-Finding and Conciliation Commission.
6. 122. In accordance with paragraph 23 of the Ninth Report of the Committee on Freedom of Association, the Director-General informed the complaining organisations that any further information which they might wish to furnish in substantiation of their complaints should be communicated to him within one month. Neither of them has forwarded any further information.
   • ANALYSIS OF THE REPLY
7. 123. The Greek Government transmitted its observations on these complaints in a letter dated 6 October 1954.
8. 124. With regard to the allegations made by the Unified Trade Union Movement of Greece (E.S.K.E), the Government observes that the Secretary-General and nearly all the members of the complaining organisation belong to the Greek Communist Party or are known Communist sympathisers endeavouring to promote the interests of the Party. The Government considers that the complaint is based on information which is given in bad faith and is contrary to the facts. It denies, giving figures in support, that the workers' standard of living is lower than it was before the war. It declares that, if there have been cases of trade union administrations being replaced or of trade unionists being exiled, these measures have been taken in accordance with the penal laws which, in every democratic country, punishes citizens who act contrary to law or against the interests of the nation. The Government does not intervene in trade union affairs and, if compulsory trade union contributions have been suppressed-a step, incidentally, consistently demanded by the complaining organisation-this has been done to permit the free development of the various trade union tendencies in the country. The Government considers it unnecessary to answer the allegation relating to the abolition of certain acquired rights, as these are not specified and it is possible to reply only to concrete accusations.
9. 125. With regard to the complaint formulated by the Greek General Confederation of Labour, the Government makes the following observations.
10. 126. It is true that the guarantee provided by Act No. 1803 with regard to the termination of the contracts of employment of persons who are presidents or general secretaries of trade unions having more than 100 members has been abolished with respect to the staffs of the National Bank of Greece and Athens, the Bank of Greece, the Loan Bank and the Bank for Agriculture, by article 6 of Legislative Decree No. 2510. But this measure was taken in conjunction with other measures of a general nature intended to ensure the proper functioning of the big credit institutions and to diminish the cost of banking services. The operation of the big banks had been bound up with a privileged régime of allowances with regard to the personnel (higher salaries, more favourable social security allowances, unreasonably high indemnities on dismissal) which were a heavy burden on the national economy and created a moral problem for the State because it appeared to give particular favours to this category of workers. The Government was obliged to take measures to reduce the numbers of staff in these establishments and, in doing so, it considered that it was natural and just to render all the personnel, independently of their position in the bank, subject to an administrative examination by a special committee based on information with respect to the qualifications and output of each employee. The Government took the view that it must abolish the more favourable treatment enjoyed by one category of the personnel. Unfortunately, some of the officials employed by the said banks did not admit the fairness of this point of view, although it was manifestly approved by public opinion, and regarded the matter in an entirely personal light. The fact that this measure has affected only the employees of the banks clearly demonstrates the existence of a special problem with respect to this category of workers. Nevertheless, this category remains the most favoured among the workers from the point of view of their remuneration and their various allowances. The measure in no way signifies an anti-social policy, but has led to the freeing of the banking trade union movement from certain persons who sought only to serve their own interests instead of the general interests. Banking employees, like other workers, enjoy the right to strike, which is the essential element in the régime of freedom of association prevailing in Greece.
11. 127. It is true that a Bill which has not yet been published contains a provision to the effect that members of the executive of an occupational organisation automatically forfeit that office when they cease to carry on the occupation which they represent. But this provision already existed in the rules adopted by the trade union of the employees of the National Bank of Greece and remained until Legislative Decree No. 2510 came into force. The Greek Government considers that provision fair, as it is intended to maintain in the administrations of trade union organisations persons actually carrying on the occupation which they represent. The measure relates to the trade unions grouping only the personnel of one undertaking and not to the trade unions for the main occupational branches.
12. 128. Act No. 2698 of 1953 provides that among the members of the administrative board of the Social Insurance Institute (I.K.A) there shall be four persons representing insured persons who, by virtue of article 12 of Act No. 1846 of 1951, which is still in force, are appointed by the Confederation of Labour. I.K.A is an autonomous corporate body under the surveillance of the Ministry of Labour and its proper functioning is a paramount responsibility of the State and not only of the trade unions. Article 3, paragraph 4, of Legislative Decree No. 2698 of 1953, which is criticised by the complaining organisation, relates to the composition of local administrative commissions. This provision in no way fails to recognise the principle that the Confederation of Labour must be able to participate in the settlement of problems important to the life of I.K.A, because it participates in the central council and, moreover, is included among the organisations or authorities which present the list of persons from which representatives of insured persons are chosen. The Government has wished to reserve to itself the right to choose the actual members, as it has been observed that certain irregularities, of an administrative or financial nature, have been committed by persons whose status entailed their compulsory participation. Moreover, Article 72 of the Social Security (Minimum Standards) Convention, 1952 (No. 102) provides for the participation in the administration of insurance institutions of representatives of insured persons but does not lay down the obligation that they must be appointed by trade union organisations. The administrations of the different social insurance funds include representatives of insured persons who, as a rule, are drawn from the trade union organisations.
13. 129. The Bill to modify the legislation concerning collective agreements and labour disputes has not yet been published in the Official Gazette. It provides for the possibility of negotiations between workers' and employers' organisations on the question of deduction of union contributions under collective agreements, and the Confederation of Labour gave its written concurrence on this point when the Bill was being drafted. The allegation concerning the indirect exclusion of organisations belonging to the Confederation from collective bargaining is erroneous and constitutes an inaccurate interpretation of the cancellation of the provision in Act No. 1367 of 1938, which accorded to the Confederation alone the right to sign collective agreements, thus implying complete failure to recognise the rights of national occupational federations.
14. 130. In conclusion, the Greek Government considers that article 6 of Legislative Decree No. 2510 does not constitute a violation of the principles of freedom of association, but that, on the contrary, it is calculated to restore harmonious relations between the trade unions of employees of the banks and the administrations of those institutions. It. stresses that its general policy towards trade union organisations and, particularly, the Confederation of Labour, is intended to ensure complete freedom of action to all tendencies in the Greek trade union movement, an important proportion of which has demanded elections to ensure in the world of the workers a representation corresponding to the wishes of the majority.

B. B. The Committee's conclusions

1. 131. On comparing the contents of the two complaints submitted, it will be noted that, with the exception of the allegation relating to the lowering of workers' incomes-which is of such a nature as to fall outside the competence of the Committee-and of the allegation relating to the deportation of trade unionists (made also in other complaints which are the subject of Case No. 112), the other concrete allegations made may be grouped under the four following heads:
   • (a) allegations relating to the abolition of legislative provisions protecting leaders of bank employees' unions against dismissal ;
   • (b) allegations relating to the arbitrary appointment of workers' representatives in social insurance administrations ;
   • (c) allegations relating to the arbitrary appointment of workers' representatives on other bodies concerned with questions affecting the working class ;
   • (d) allegations relating to the Bill concerning collective agreements and labour disputes.
   • (a) Allegations relating to the Abolition of Legislative Provisions Protecting Leaders of Bank Employees' Unions against Dismissal
2. 132. The Government agrees with the complainant that the guarantee laid down in Act No. 1803 of 1951-article 1 of which provides that the contracts of employment of employees who are presidents or general secretaries of unions having more than 100 members may not be terminated by employers during their period of office and for one year thereafter, except on serious grounds and in accordance with a procedure prescribed by the Act-has been abolished, with respect to the staffs of the National Bank of Greece and Athens, the Bank of Greece, the Loan Bank and the Bank for Agriculture, by article 6 of Legislative Decree No. 2510 of 1953. The Government states, however, that this measure was part of a series of measures taken to ensure the proper functioning of credit institutions and to diminish the cost of banking services, which, by reason of the privileged system of allowances affecting the staffs, was a heavy burden on the national economy and gave rise to a moral problem for the State because the latter appeared to be according particular favour to this category of workers. The Government emphasises that the measure affects only bank employees, which proves the existence of a special problem with respect to this section of the workers. The number of staff in these establishments had to be reduced and, when this reduction was effected, it appeared just to place all members of the staffs on an equal footing and to subject their cases to examination by a special commission, whose only criteria were the qualifications and output of the persons in question.
3. 133. In stating that the abolition of the guarantees provided by Act No. 1803 of 1951 has " led to the freeing of the banking trade union movement from certain persons who sought only to serve their own interests instead of the general interests ", the Government recognises that the application of Legislative Decree No. 2510 of 1953 has actually resulted in the dismissal of certain trade union officers.
4. 134. One of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they must have the guarantee that they will not be prejudiced on account of the mandate they hold from their trade unions. One way of ensuring such protection is to provide that these officials may not be dismissed, either during their period of office or for a certain time thereafter, except, of course, for serious misconduct. Act No. 1803 of 1951 provided such a guarantee in the case of presidents and general secretaries of unions having over 100 members. Decree No. 2510 of 1953 has abolished this guarantee in the case of the staffs of certain banks. While the Decree has suppressed a right hitherto enjoyed by the bank employees' unions, this nevertheless does not appear in itself to constitute an infringement of freedom of association. The principle that a worker or trade union official must not suffer prejudice by reason of his trade union activities does not necessarily imply that the fact that a person,holds a trade union office confers on him immunity against dismissal irrespective of the circumstances. In the present case the dismissals appear to have been part of a general reduction of staff resulting from a statutory reorganisation of certain banks ; the complainant offers no proof that trade union officers have been treated unfairly in this process on the ground of their trade union activities, and the Government declares that the only criteria applied when effecting the dismissals which became necessary on administrative and financial grounds were the qualifications and output of the employees concerned. The whole matter has arisen only in respect of the state-controlled banks affected by the statutory reorganisation ; in these circumstances, the Committee considers that,the measures taken to reduce the staffs of the banks have not involved a violation of trade union rights.
5. 135. The Government admits, however, that, according to a proposed Bill, members of a trade union executive would automatically forfeit this office on ceasing to carry on the occupation represented by them ; in its view, this provision is justifiable because it is intended to maintain in the administrations of trade unions persons actually carrying on the occupations which they represent. As the complainant points out, the consequence of such a provision would be that, when a bank employee who was a member of his union executive was dismissed by his employer, he would be automatically removed from his union office. The fact, stressed by the Government, that this provision existed in the rules adopted by the trade union of the employees of the National Bank of Greece does not appear to provide any argument because, prior to the entry into force of Legislative Decree No. 2510 of 1953, trade union officers could not be dismissed by their employers during their period of office. When, however, the provision in the proposed Bill is taken together with the provisions of Decree No. 2510 of 1953 abolishing the guarantees existing with respect to dismissal, the resulting position is that, if this Bill were to be adopted, a member of a union executive who was dismissed by the management of one of the banks mentioned earlier would lose not only his employment but his right to participate in the administration of his trade union, with the result that the management of any of the banks concerned could in this way interfere with the right of the workers to elect their own representatives. The fact that this provision affects only the trade union which caters for the staff of a single undertaking and not the unions for the different occupational sectors certainly reduces its scope but does not appear to alter its significance.
6. 136. In two previous cases (Case No. 79 : Belgium, and Case No. 80 : Federal Republic of Germany), in which allegations with respect to pending legislation came before it, the Committee took the view that it should take no action on the ground that the vagueness of the allegations concerning legislative intentions made in those cases, and the considerable uncertainty whether any action would in fact be taken at all, made it unprofitable to attempt to examine the allegations on their merits. The same is not true in the present case, because both the complainants and the Government argue on the basis of the actual text of the Bill in question. The Committee considers that, when it has before it precise and detailed allegations concerning a proposed enactment submitted to the Legislature by the Government, the fact that the allegations relate to a text which does not have the force of law should not of itself prevent the Committee from expressing its opinion on the merits of the allegations made. The Committee is of the opinion that in such circumstances it is desirable that the Government and the complainant should be made aware of its point of view with regard to a proposed Bill before it is enacted, in view of the fact that it is open to the Government, on whose initiative such a matter depends, to make any amendments which may seem desirable.
7. 137. Therefore, while paying due regard to the reasons which, in the general interest, may have led the Greek Government to take a number of measures intended to reduce the cost of banking services and, in particular, to effect a reduction of staff, the Committee desires again to draw attention to the importance which it attaches to the principle formulated in Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948, that workers' organisations shall have the right to elect their representatives in full freedom, and to the principle formulated in Article 1 of the Right to Organise and Collective Bargaining Convention, 1949, that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment, such protection applying more particularly in respect of acts calculated to cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities, and to recommend the Governing Body to draw the attention of the Greek Government to the fact that, if the Bill referred to in paragraph 135 should become law, it would enable the managements of the banks concerned to interfere with the right of the workers to elect their representatives in full freedom, a right which constitutes one of the essential aspects of freedom of association.
   • (b) Allegations relating to the Arbitrary Appointment of Workers' Representatives in Social Insurance Administrations
8. 138. The complainant alleges that, by virtue of article 3, paragraph 4, of Legislative Decree No. 2698 of 1953, representatives of insured persons on local commissions of the Central Social Insurance Institute are appointed by provincial governors, and that article 1 of Legislative Decree No. 2656 of 1953 enables the Minister of Labour to dismiss or replace members of the boards of workers' insurance funds. The Government replies that Legislative Decree No. 2698 of 1953 provides that, among the members of the board of the Central Social Insurance Institute, there shall be four representatives of insured persons who, by virtue of article 12 of Act No. 1846 of 1951, which is still in force, are nominated by the Confederation of Labour, and that Legislative Decree No. 2698 of 1953 does not interfere with the right of the Confederation of Labour to be included among the organisations which present the list of persons from whom the representatives of insured persons on local administrative commissions are chosen. The Government emphasises that it has wished to reserve to itself the right to choose the actual persons, because a number of administrative or financial irregularities have been committed by persons whose status had made their selection compulsory. The Government also points out that Article 72 of the Social Security (Minimum Standards) Convention, 1952, which provides for the participation in the administration of insurance institutions of representatives of insured persons, does not stipulate that such representatives must be appointed by trade union organisations.
9. 139. While the participation of trade union organisations in social security bodies is fairly frequently recognised at the national level, particularly in the case of advisory bodies, there is no general practice of according to such organisations the right to appoint workers' representatives on the local administrative commissions belonging to social security systems.
10. 140. The Committee considers that, in the present case, in view of the Government's statements that the administrations of the different social insurance funds include representatives of insured persons who, generally, are drawn from the trade unions, and that the Confederation of Labour retains the right to appoint the four representatives of insured persons among the members of the administrative board of the Social Insurance Institute and the right, enjoyed jointly with other organisations, to present the list of persons from whom representatives on the local administrative commissions are chosen, this allegation does not call for further examination.
    • (c) Allegations relating to the Arbitrary Appointment of Workers' Representatives on Other Bodies Concerned with Questions Affecting the Working Class
11. 141. The complainant also alleges, in general terms, that the Ministry of Labour has ceased almost entirely to consult the trade union organisations when appointing workers' representatives on the different bodies dealing with questions affecting the working class and that, in particular, article 1 of the Unemployment Insurance Bill provides that the representative of the working class shall be named by the Minister. As the Government's reply makes no reference to this point, the Committee considers that, without prejudice to any conclusion which it may reach in due course on the merits, it would be desirable to request the Greek Government to furnish further information with respect to this matter.
    • (d) Allegations relating to the Bill concerning Collective Agreements and Labour Disputes
12. 142. The complainant alleges in the first place that this Bill would prohibit arrangements for the deduction of trade union contributions under collective agreements. In its reply, the Government declares that the Bill provides for the possibility of negotiations between workers' and employers' organisations with regard to the deduction of union contributions under collective agreements and that the Confederation of Labour concurred on this point when the Bill was being drafted.
13. 143. The complainant also alleges that the same Bill would indirectly confer on the Ministry of Labour the right to designate the workers' organisations or persons responsible for negotiating with employers. In its reply, the Government points out that there is no question of depriving organisations belonging to the Confederation of Labour of the right to take part in collective bargaining but that the Bill would simply accord the same right to other organisations in addition to the Confederation of Labour.
14. 144. The Committee considers that, in view of the statement by the Government that there is no question of the Confederation of Labour being deprived of the right to sign collective agreements but that it is intended simply to accord the right of negotiation to other trade union organisations also, the allegations relating to the Bill concerning collective agreements and labour disputes do not call for further examination.